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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist injured victims to receive fair compensation. Documenting your losses is essential to receive the full amount of damages. This includes keeping track of your medical expenses and out-of-pocket expenses. Economic damages cover the future and past medical expenses and lost wages. It also covers your suffering and pain as well as the loss of companionship. Statute of Limitations If you've been injured by someone else's negligence or wrongful act, you should start a lawsuit as soon as you can. Statutes of limitations are legal time restrictions that shield parties from unnecessary litigation by preventing claims from being filed after the deadline has passed. These time limits can vary depending on the state and the type of claim and are usually subject to limited or special exemptions. In New York, for example, if you wish to bring a lawsuit against injuries sustained in a car accident the statute of limitations are three years. For other civil actions that involve negligence such as medical negligence, product liability and wrongful death the statute of limitations is two years. A lawyer can help determine the statute of limitations that applies to your particular case and ensure that it is filed on time. An experienced lawyer will examine your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to be aware that even if 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 advisable to speak with an attorney as soon as you can with regards to your situation, so that they can advise you of the various options that are available. In the majority of cases, your statute of limitations begins to run from the date of the incident that caused your injury. However, in some situations, such as exposure to toxic substances or medical malpractice the statute of limitations will not start to run until you realize or ought to have realized that your injury was caused by the negligent act. This is referred to as the discovery rule. There are also some exceptional situations where the statute of limitations has been “tolled” or suspended, but these cases are highly fact-specific and must be analyzed by a skilled personal injury lawyer. Littman & Babiarz's attorneys can assist you if have been injured by an unintentional act of another. Contact us to schedule an appointment for a free consultation. Damages The purpose of a personal injury lawsuit is to get financial compensation from the person accountable for your injury. The legal term for this is “damages.” There are two types of damages: general and special. General damages are intended to provide you with compensation for your losses, such as medical bills or lost wages, as well as pain and discomfort. Funeral expenses and emotional distress can be incorporated into special damages. If similar webpage loved one has died because of another's reckless behavior you may also be entitled to wrongful death damages. A court must establish four elements to find the responsible party liable for the harm you suffered that result from a breach of duty, causation, and damages. To establish a defendant's obligation to act responsibly, they must be legally bound to act responsibly in the particular circumstance. Failure to meet this obligation is known as negligence. The injury you suffered is directly caused by a breach of this obligation. The injury must have caused serious damage or caused serious harm to qualify for damages. A car crash that results in an injured hand could result in substantial medical costs and most likely a loss of income. The defendant's careless or reckless actions directly contributed to the injury. The wrongful death claim can include funeral and burial expenses for your loved one as well as emotional distress you or your family members have endured. Non-financial damages are more difficult to calculate. Your attorney will use various methods to calculate the value of your pain and suffering. Keep a diary to document your pain levels throughout the day and how your injuries have affected you physically, physically, and emotionally. This will help prove your case. Insurance companies typically undervalue these damages to avoid paying more settlements. In rare cases the attorney may pursue punitive damages, which are designed to penalize the party who was negligent. These damages can only be awarded if the judge or jury finds the defendant's conduct to be particularly outrageous. These types of compensation are usually awarded in cases of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. To obtain these additional damages the lawyer must prove that the defendant was acting with malice, wantonness or fraud, oppression, or with a lack of awareness of the consequences of his or her actions. Settlements The amount of compensation you receive for your injuries will depend on how your case will be resolved. If your claim is contested in court, a jury will decide the amount you're awarded for your losses and injuries. In many cases however the parties will agree to settle the matter outside of court. They can avoid the time and cost of an in-court trial. This allows victims to receive their compensation earlier than the time they would have to wait for the trial to be completed. A personal injury settlement covers both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter covers aspects like pain, suffering and the loss of enjoyment your life. It isn't always easy to quantify the value on these losses, but an experienced lawyer can help you determine the value of your injuries. Typically an insurance company will typically offer a settlement prior to the case goes to trial. They will review the evidence that you have gathered and determine how much they consider your claim. You may be required to send an official demand letter that is accompanied by evidence and an offer for a suitable compensation amount. The insurance company will likely make a counter-offer which is usually lower than your requested amount. Your attorney can then negotiate an acceptable settlement with the insurance company. If you have an undisputed legal claim, the settlement will typically cover your medical bills and other out-of-pocket expenses related to the accident. In certain instances, your settlement will also include a portion of the future treatments that your doctor believes you will need because 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 type of compensation is typically granted to spouses and children who are suffering due to the death of a loved one due to an accident caused by another's negligence. Punitive damages may be awarded if the defendant is found to have been negligent. This type of compensation is intended to punish the defendant and discourage others from engaging in reckless behavior. Filing an action Once someone has contacted an attorney for personal injuries, they should begin collecting evidence of their losses. Documents like medical records, police reports and insurance policies may be included. Include documentation of damage to your property or income loss in your claim. If the parties fail to reach a settlement, the plaintiff's lawyer may make a claim against the defendant. The complaint will detail the claimant's argument, outline the actions of the defendant, and request for the amount of compensation. A summons is also filed and personally handed over to the defendant. This is a notice that they are being sued. The defendant is given a specific time frame in which to respond. In this stage the parties will go through the discovery process, where they examine the claims and defenses of the other side. This can take a significant amount of time, and will likely require a significant amount of documentation. A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They can also demand a fair settlement from the insurance company. The insurance company could accept the offer, reject it, or offer a counteroffer. It is crucial to hire an attorney who knows the law to safeguard your rights and maximize recovery. An experienced attorney will be able to go through all the evidence available to verify that your losses are compensated. They can also assist you to reduce unnecessary expenses and track 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 the amount they owe. A skilled attorney can also assist with workers' compensation cases. Some personal injury cases require the use of experts in areas such as medicine, economics and engineering. Your lawyer can assist you in locating an expert who will be able to provide evidence to back your case. Depending on the specifics of a case, it can be decided out-of-court or in a trial.