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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims receive fair compensation. The process of documenting your losses is vital to receiving full damages. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages are a result of your future and past medical expenses as well as lost wages. Also covered are suffering and pain as well as loss of companionship. Statute of limitations If you've suffered injuries due to the negligence of someone else or by a wrongful action, you should start a lawsuit as soon as possible. Statutes of limitations are legal time restrictions that protect individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. These limitations of time can differ depending on the state and claim type and are typically subject to limited or special exemptions. In New York, for example for instance, if you want to bring a lawsuit against injuries that result from a car crash, the statutes of limitations are three years. For other civil actions involving negligence like medical malpractice or product liability, as well as wrongful death the statute of limitation is two years. YouTube can help determine the statute of limitations that applies to your particular case and ensure it is filed on time. A lawyer with experience will analyze your case to determine if there are extensions or waivers that could be available. You should be aware that even the time your statute of limitations has expired you may still have other claims for compensation related to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is advisable to speak with an attorney as soon as you can about your case, so that they can inform you of the various options that are available. In most cases, the statute of limitations starts to run from the date of the incident which caused your injury. In some situations, like exposure to toxic materials or medical malpractice, the statute of limitation is not set until you are aware, or reasonably would have known that your injury is result of a negligent act. This is referred to 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 assist you if you have been injured due to the negligence of another. Contact us today to arrange an appointment for a no-cost consultation. Damages The purpose of a personal injury lawsuit is to get financial compensation from the party responsible for your injuries. The legal term used to describe this is “damages.” There are two groups of damages which are: general and specific. General damages are intended to compensate you for the costs resulting from your injury, such as medical bills, lost income, and suffering and pain. Funeral expenses and emotional distress could be included in the special damages. If a loved one passed away because of another's reckless behavior you may also be able to recover damages for wrongful death. A court must establish four elements to find the responsible party liable for your injury: duty, breach of duty, causation, and damages. To establish a duty, the defendant must have an obligation under law to be responsible in a specific circumstance. Negligence is the inability to fulfill this obligation. A breach of this duty is a direct cause of the injury you sustained. To be eligible for damages, the injury must have caused serious harm or caused significant damage. A car accident that causes an injury to the hand could cause significant medical expenses, and most likely the loss of income. The injury was caused directly by the defendant's negligent or reckless actions. A wrongful death claim might involve the funeral and burial costs for your loved one and emotional pain that your family or you suffered. Non-financial damages can be more difficult to determine. Your lawyer will employ a variety of methods to determine the worth of your pain. Keep a diary to document your daily pain level and how your injuries have affected you physically physical, emotionally, and physically. This will help support your claim. Many insurance companies undervalue these damages in order to avoid paying higher settlements. In rare cases you may be able to obtain punitive damages to punish the party who was negligent. These damages are only available when a judge or jury feels that the conduct of the defendant was especially outrageous. This type of compensation is usually awarded in cases involving drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. In order to receive these additional damages, you must prove to your lawyer that the defendant acted with malice, willfulness, or oppression, or a conscious disregard for the consequences of their actions. Settlements How your case is decided will determine the amount of compensation you will receive. If your case is heard 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 out of court. This allows them to save the time and money of a trial. It also allows victims to recover their compensation sooner than they would should they wait for the trial process to be completed. A personal injury settlement covers both economic and non-economic damages. The former includes costs like medical expenses, lost wage and property damage. The latter covers aspects such as suffering, pain, and loss of enjoyment of your life. Calculating a dollar value for these damages is often challenging however an attorney can help determine the value of your injuries. Insurance companies will usually offer settlements to settle your case prior to it goes to trial. They will look over the evidence you have collected and determine what they think your claim is worth. You may have to submit an offer letter, which includes your evidence and an offer for a suitable compensation amount. The insurer is likely to send you a counter-offer, which is usually less than the amount you requested. Your lawyer can negotiate an equitable settlement with the insurer. If you have an appropriate legal claim, the settlement will typically pay for medical bills as well as other out-of-pocket expenses due to the accident. In certain instances, your settlement will also include compensation for any future treatment that your doctor predicts you'll require 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 kind of compensation is usually awarded to spouses and children who have suffered due to the death of a loved one due to an accident caused by someone else's negligence. You could also be awarded punitive damages if the defendant was found to be particularly negligent. This kind of payment is designed to penalize the defendant and discourage others from engaging in similar reckless behaviors. Filing a Lawsuit After making contact with an attorney for personal injury one should begin accumulating evidence of their losses. Documents such as medical records, police reports, and insurance policies could be included. Documentation of loss of income or property damage should be included in an insurance claim. If the parties cannot agree on an agreement, the plaintiff's attorney may file an action against the defendant. The complaint will provide the claimant's argument, outline the actions of the defendant and request for an amount of money. A summons is also filed and personally served to the defendant and serves as a notice that they are being accused of a crime. The defendant is then given the time to respond. During this process both sides will go through the discovery phase where each side investigates the other's claims and defenses. This can take a significant amount of time and will likely require a lot of documentation. A lawyer can help prepare for trial by arranging for expert witnesses and obtaining evidence. They can also help calculate damages. They may also submit an offer to the insurance company for a fair settlement. The insurance company can accept the offer, decline it or make a counteroffer. It is essential to have an attorney who knows the law in order to protect your rights and maximize the amount of compensation you receive. An experienced lawyer will comb through all of the evidence available to ensure that you're being compensated for each loss. They can also help you eliminate unnecessary expenses and help to keep track of the amount you are entitled to receive. If more than one person is at fault for the accident, New York law allows each of them to recover for their part of the responsibility. A skilled attorney can also assist with workers' compensation cases. Some personal injury cases require the assistance of experts in fields like economics, medicine and engineering. Your lawyer will help you choose a qualified expert to testify in support of your case. Depending on the circumstances of the case, it can be decided outside of court or in a trial.