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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims get fair compensation. It is crucial to document your losses to receive the full amount of damages. This includes keeping an eye on your medical expenses and out of pocket expenses. Economic damages are the cost of your current and future medical expenses as well as lost wages. It also covers pain and suffering and loss of companionship. Statute of limitations If you've suffered injuries due to the negligence of someone else or by a wrongful act, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal time restrictions that shield parties from unnecessary litigation by preventing claims filed after the deadline has been met. These limitations of time can differ according to the state and claim type, and are often subjected to special or limited exemptions. In New York, for example when you want to bring a lawsuit against injuries that result from a car crash the statute of limitations are three years. For civil actions that involve negligence, such as medical malpractice and product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help determine the statute of limitations applicable to your case and ensure that it is filed on time. An experienced lawyer will analyze your case and suggest any possible extensions or waivers of the statute of limitations in your case. It is important to note that even the statute of limitations has run out however, you may be able to file other claims for compensation that relate to your injuries, like workers compensation or Social Security disability benefits. It is advisable to speak with an attorney as early as you can regarding your situation, so they can inform you of the options that are available. In the majority of cases, the statute of limitations begins to run from the date of the incident that led to your injury. However, in certain situations, such as exposure to harmful substances or medical malpractice, the statute of limitations does not start to run until you realize or reasonably should have realized that your injury was caused by the negligent action. This is known as the discovery rule. There are also a few exceptional situations where the statute of limitations has been “tolled” or suspended, however these circumstances are highly fact-specific and must be analyzed by a skilled personal injury lawyer. If you have been hurt because of someone else's negligent behavior, the lawyers at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The goal of a personal injury lawsuit is to get financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two kinds of damages that are general and special. General damages are meant to provide you with compensation for your losses like medical bills as well as lost wages and discomfort and pain. Special damages may include funeral costs as well as emotional distress. If your loved one has died due to the reckless conduct of another you may also be able to recover damages for wrongful death. To hold the party responsible accountable for your injury the court must establish four elements: duty, breach, causation and damages. To establish a duty the defendant must be under a legal obligation to behave responsibly in a specific situation. In the event of a breach of this obligation is known as negligence. The injury you suffered was directly caused by a breach of this obligation. To be eligible for damages the injury must have caused significant harm or caused significant damage. For example an accident in a car that resulted in a severed arm could result in substantial medical expenses, and most likely the loss of wages. The defendant's reckless or careless actions directly led to the injury. A wrongful death claim could include funeral and burial expenses for your loved one as well as emotional pain that you or your family experienced. The non-financial damages are more difficult to quantify. Your lawyer will employ a variety of methods to determine the value of your pain. Keep a record of your daily pain levels and how the injuries have affected your mental, physical and emotional health can aid in proving your claim for these damages. Many insurance companies undervalue the damages in order to avoid paying higher settlements. In rare instances the attorney may pursue punitive damages. These are meant to punish the responsible party. These damages are only awarded if an arbitrator or jury determines the defendant's conduct to be 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, wantonness, fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements The amount you receive for your injuries will depend on how your case is resolved. If your case is heard in court, a jury will decide the amount you're awarded for your losses and injuries. In many cases the parties will reach an agreement to settle out of court. This allows them to save the time and money of a trial. This allows victims to get their compensation sooner than those who had to wait for the trial to be completed. A personal injury settlement includes both economic and non-economic damages. The former includes expenses like medical costs, lost wage and property damage. The latter includes aspects like pain and suffering and the loss of enjoyment of life. It isn't always easy to determine a dollar amount on these damages, but an experienced lawyer can help you determine the worth of your injuries. Insurance companies usually offer an agreement to settle your case before it goes to trial. They will review the evidence that you have collected and determine how much they consider your claim. You may have to submit an official demand letter that is accompanied by your evidence and a request for the appropriate compensation amount. The insurer will likely offer you a counter-offer that is typically less than the amount you requested. Your attorney will then negotiate with the insurer to reach an equitable settlement for your injuries. If you have a valid claim, the settlement will cover the cost of your medical treatment and other out-of pocket expenses related to your accident. In some cases, your settlement will also include compensation for any future treatment that your doctor predicts you will need due to 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 given to children and spouses who suffer because of the loss of a loved one due to an accident caused by someone else's negligence. You may also receive punitive damages if the defendant is found to be negligent in particular. This type of compensation is designed to penalize the defendant and deter others from engaging in similar reckless behavior. Filing a Lawsuit Once a person has contacted a personal injury lawyer and has been advised to collect evidence of their losses. This could include documents such as medical records or police reports, as well as insurance policies. Include documentation of property damage or lost income in your claim. If the parties are unable to reach a settlement or agreement, the attorney representing the plaintiff can start a lawsuit against the defendant. The complaint will detail the claimant's account, explain the defendant's actions and ask for an amount of money. A summons is also filed and personally served on the defendant, which is a notification that they are being sued. The defendant is given a certain timeframe to respond. During this time, both sides will complete the discovery phase, where each side investigates the other's claims and defenses. This could be a lengthy process and could require a great deal of documentation. A lawyer can assist in prepare for trial by arranging expert witnesses and obtaining evidence. They can also assist in calculating damages. They may also request an appropriate settlement from the insurance company. The insurance company could accept the offer, reject it, or counter-offer. It is crucial to have an experienced lawyer to ensure your rights are protected and maximize your recovery. The right attorney can go through all the evidence available to verify that your losses are being compensated. They can also eliminate unnecessary expenses and assist you to keep track of the funds you are entitled receive. If more than one person is responsible for the accident, New York law allows each one to be compensated the amount they owe. visit our website can help with workers' compensation cases. Certain personal injury cases require the assistance of experts in areas like economics, medicine and engineering. Your lawyer will help you select an appropriate specialist to testify in support of your case. Depending on the circumstances, some cases may be tried in court, while others settle out of the court.