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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries receive fair compensation. It is crucial to document your losses to receive the full amount of damages. This includes keeping the track of your medical expenses and out-of-pocket expenses. Economic damages are the costs of your past and future medical expenses, as well as lost wages. Also, it covers your pain and suffering as well as the loss of companionship. Statute of Limitations If you've been injured by someone else's negligence or wrongful action, you should start a lawsuit as soon as possible. Statutes of limitation are legal time restrictions which protect the parties from unnecessary litigation. They prevent claims being filed after the deadline. The time limitations vary by state and claim type and they are often subject to special or limited exceptions. For example in New York, if you are seeking to bring a lawsuit for injuries sustained in an auto accident the statute of limitations for these types of cases is three years. The time limit for civil actions that involve negligence is two years. This includes medical negligence, product liability and accidental deaths. A lawyer can help you determine the statute of limitations that applies to your case and ensure that it is filed on time. A lawyer with experience can analyze your case to determine if there are extensions or waivers that could be possible. You should be aware that even when your statute of limitation is over, you may have other claims for compensation relating to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is best to speak with an attorney about your situation as soon as you can, so that they can provide you with all your options. In the majority of instances, the statute of limitations starts to begin running from the date of the incident that caused you injury. However, in some situations like 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 a negligent act. This is known as the discovery rule. There are a few rare instances in which the statute of limitations is “tolled”, or suspended. These situations are highly factual and require an experienced personal injury lawyer to evaluate. Our lawyers at Littman & Babarz can help you if you have been injured due to an unintentional act of another. Contact us today to schedule your free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term for this is “damages.” There are two groups of damages: general and special. General damages are meant to compensate you for your losses, such as medical bills, lost wages, and discomfort and pain. Special damages can include funeral expenses and emotional distress. If your loved one has died due to the reckless conduct of another you may also be able to recover damages for the wrongful death. To hold what is it worth for your injuries, a court must establish four elements that include breach, duty, damages and causation. To establish the duty of a defendant, they must be legally bound to act in a responsible manner in the particular situation. Negligence is the failure to meet this obligation. A breach of this duty is a direct cause of the injury you suffered. To be eligible for damages the injury must have caused severe harm or caused significant damage. For instance, a car accident that caused a broken arm could result in substantial medical costs and likely the loss of wages. The injury was caused directly by the defendant's negligent or reckless actions. A claim for wrongful death could involve the funeral and burial expenses for your loved one, as well as the emotional trauma that your family or you suffered. Non-financial damages are more difficult to calculate. Your attorney will employ different methods to determine the value of your pain. Keep a journal of your pain levels throughout the day and how your injuries affect you mentally physical, emotionally, and physically. This will help to support your claim. Insurance companies tend to undervalue these damages to avoid paying more settlements. In some rare instances you may be able to obtain punitive damages to punish the negligent party. These damages are only available when jurors or judges believe that the defendant's behavior was particularly outrageous. These types of compensation are typically awarded in the case of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To be eligible for these additional damages the lawyer must prove that the defendant acted with malice, willful or fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements How your case is decided will determine the amount of compensation that you will receive. If your claim goes to trial, a jury will decide what they will pay you for your injuries and losses. In many cases parties, however, they agree to settle outside of court. They are able to avoid the lengthy and expense of the court trial. It also allows victims to collect their compensation earlier than if they waited for the trial to be completed. The settlement for personal injuries will include damages that are both economic and non-economic. The former include expenses like medical expenses, lost wages and property damage. The latter include things such as suffering, pain and loss of enjoyment your life. Calculating a dollar value for these damages is usually difficult, but an attorney can help you determine what your injuries are worth. Insurance companies usually offer an agreement to settle your claim before it goes to trial. They will review the evidence you've collected and determine what they think your claim is worth. You might be required to submit a letter of demand, along with the evidence you have provided and an appropriate compensation amount. The insurer will likely offer you a counter-offer which is often lower than your requested amount. Your attorney will then negotiate an acceptable settlement with the insurance company. If you have a valid legal claim, your settlement will typically cover your medical bills as well as other out-of-pocket expenses due to the accident. In certain cases the settlement could also include compensation for any future treatment your doctor believes you will require due to the. 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 usually granted to spouses and children who are suffering as a result of the death of a loved one due to an accident caused by someone else's negligence. You may also receive punitive damages if the defendant was found to be negligent in particular. This kind of compensation is designed to punish the defendant and deter others from engaging in reckless behavior. Filing a Lawsuit Once a person has contacted an attorney for personal injuries, they should begin to gather documentation of their losses. Documents like medical records, police reports and insurance policies may be included. Include documentation of property damage or lost income in your claim. If the parties fail to reach a settlement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can make a claim against the defendant. The complaint will outline the claimant's version, describe the actions of the defendant, and request for the amount of compensation. A summons is also filed and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant is then given an appropriate amount of time to reply. During this process both sides will go through the discovery phase where each side will investigate the other's claims and defenses. This could take a considerable amount of time and likely require a lot of documents. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They can also to assist in calculating damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company could accept, deny or counteroffer the offer. It is crucial to hire an attorney who is familiar with the law in order to protect your rights and maximize your recovery. A good lawyer can go through all the evidence available to confirm that your losses are being compensated. They can also help you eliminate unnecessary costs and track the money you're entitled to. New York law allows for everyone to be compensated for their share of the blame if more than one party is accountable for an accident. A knowledgeable lawyer can also assist with workers' compensation claims. Some personal injury cases might require the use experts in fields such as medicine, economics, and engineering. Your lawyer can assist you in locating a specialist who can provide testimony to support your case. Depending on the facts of a case, it can be resolved outside of court or at trial.