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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can help injured victims win fair compensation. In order to receive the full amount of damages, it is important to document your losses carefully. This includes keeping an eye on your medical expenses and out of pocket expenses. Economic damages are a result of the future and past medical expenses as well as lost wages. It also covers pain and suffering as well as loss of companionship. Statute of Limitations If you've been injured due to negligence or a negligent action, you should start a lawsuit as soon as you can. Statutes of limitations are legal time restrictions that protect individuals from unnecessary litigation by preventing claims from being filed after the deadline has been met. Vancouver injury lawyer vary by state and type of claim, and are usually subject to specific or limited exceptions. In New York, for example for instance, if you want to file a lawsuit for injuries sustained in a car accident the statute of limitations are three years. The statute of limitations for civil actions involving negligence is two years. This includes medical negligence, product liability, and the wrongful death of a person. A lawyer can help you determine the statute of limitations that applies to your particular case and ensure that it is filed in a timely manner. A lawyer with experience will analyze your case to determine if there are extensions or waivers that could be available. It is important to know that even the time your statute of limitations has expired you may still have other claims for compensation relating to your injuries. This includes workers' compensation and Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your case, so that they can provide you with the options available. In the majority of cases, your statute of limitations begins to run from the date of the incident which caused your injury. In certain situations, such as exposure to toxic materials or medical malpractice the limitation period is not established until you recognize that you should have known, that your injury was result of a negligent act. This is referred to as the discovery rule. There are rare circumstances where the statute of limitations is “tolled”, or suspended. These cases are factual and require a skilled personal injury lawyer to look into. Littman & Babiarz's attorneys can assist you if you have been injured due to an unintentional act of another. Contact us today for your free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. Damages are the legal term used to describe this. There are two types of damages: general and special. General damages are designed to pay for the losses you have suffered such as medical expenses or lost wages, as well as discomfort and pain. Funeral expenses and emotional stress can be incorporated into special damages. If a loved one died because of another's reckless behavior you may also be able to recover damages for wrongful death. A court must establish four factors to determine the party responsible for the harm you suffered: duty, breach of duty, causation and damages. To establish a duty the defendant must be under a legal obligation to behave responsibly in a specific circumstance. A failure to fulfill this obligation is referred to as negligence. The injury you sustained is directly resulting from a breach of this obligation. The injury must have caused serious damage or serious harm in order to be eligible for damages. A car crash that results in a severed hand would result in substantial medical costs, and most likely the loss of income. The defendant's careless or reckless actions directly caused the injury. A claim for wrongful death could be a result of the funeral and burial expenses for your loved one and emotional pain that your family or you suffered. Non-financial damages are harder to calculate. Your lawyer will employ a variety of methods to determine the worth of your pain. Maintaining a log of your pain levels throughout the day and how your injuries have affected your mental, physical and emotional well-being could aid in your claim for these damages. Insurance companies tend to undervalue the damages of their clients to avoid paying more settlements. In rare cases the attorney may pursue punitive damages, which are intended to punish the negligent party. These damages are only available if a judge or jury feels that the conduct of the defendant was particularly obscene. These types of compensation are usually awarded in instances of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. To receive these additional damages the lawyer must prove that the defendant committed the offense with malice, wantonness or fraud, oppression, or with a lack of awareness of the consequences of his or her actions. Settlements How your case is ruled will determine the amount of compensation that you will receive. If your claim is contested in court, a jury will decide the amount you will be awarded for your losses and injuries. In many cases, the parties will agree to settle the matter outside of court. They are able to avoid the time and expense of a court trial. This means that victims can get their compensation sooner than those who had to wait for the trial to conclude. The settlement for personal injuries will include both economic and other damages. The former include costs like medical expenses, lost wages, and property damage. The latter include things like suffering, pain and loss of enjoyment your life. It isn't always easy to put a monetary amount on these damages, but an experienced lawyer can help you determine the value of your injuries. Typically an insurance company will typically offer a settlement before your case goes to trial. They will examine the evidence you have collected and determine what they feel your claim is worth. You may be required to submit a letter of demand, along with your evidence and a request for a suitable amount of compensation. The insurer will likely make a counter-offer which is often lower than your requested amount. Your attorney can then negotiate an equitable settlement with the insurance company. If you have an appropriate legal claim, the settlement will typically cover medical expenses as well as other out-of-pocket expenses due to the accident. In some cases the settlement may also include compensation for any future treatment that your doctor predicts you will need as a result of your injury. In some cases, a settlement will include loss of consortium/companionship compensation if your injury led to the loss of a loved one. This kind of compensation is typically awarded to spouses or children who have suffered because of the death of their loved ones due to an accident caused by someone else's negligence. You could also be eligible for punitive damages if you were found to be particularly negligent. This kind of payment is designed to penalize the defendant and discourage others from engaging in similar reckless actions. Filing a Lawsuit After contacting an attorney for personal injuries the client should begin accumulating evidence of their losses. Documents such as medical records, police reports and insurance policies can be included. Documentation of loss of income or property damage must be included in the claim. If the parties cannot reach a settlement, the plaintiff's attorney may start an action against the defendant. The complaint will outline the claimant's version, describe the actions of the defendant, and request for an amount of money. A summons is also filed and personally delivered to the defendant. This is a notice that they are being sued. The defendant will then have an appropriate amount of time to respond. In this process each side will complete the discovery phase, where each side investigates the defenses and claims of the other. It can be a long process and could require an extensive amount of documentation. A lawyer can aid in the preparation for trial by arranging expert witnesses and gathering evidence. They are also able to assist in calculating damages. They may also request a fair settlement from the insurance company. The insurance company can accept or decline the offer it, or offer a counteroffer. It is crucial to hire an attorney who is knowledgeable of the law to protect your rights and maximize the amount of compensation you receive. An experienced attorney can go through all the evidence available to confirm that your losses are being compensated. They can also assist you to cut out unnecessary expenses and keep track of the amount of money you're entitled. If more than one person is liable for the accident, New York law allows each one of them to claim for their share of responsibility. A skilled attorney can also assist with workers compensation cases. Some personal injury cases require the assistance of experts in fields such as medicine, economics and engineering. Your lawyer will help you select experts who can provide testimony to support your case. Depending on the situation, some cases could be tried in court, while others will settle outside of the court.