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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. The process of documenting your losses is vital for obtaining full damages. Keep an eye on all medical expenses and out-of pocket costs. Economic damages cover the future and past medical costs and lost wages. Also, it covers the pain and suffering you endured as well as the loss of companionship. Statute of Limitations If you've suffered injuries due to negligence or a negligent act, you must start a lawsuit as soon as you can. Statutes of limitations are legal restrictions that shield the parties from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. These limitations are different for each state and type of claim, and are usually subject to special or limited exceptions. In New York, for example when you want to file a lawsuit for injuries that result from a car crash, the statutes of limitations are three years. The statute of limitations for civil actions which involve negligence is two years. This includes medical negligence, product liability, and wrongful deaths. A lawyer can help you determine the statute of limitation that applies to your case, and ensure that it is filed in time. An experienced lawyer can also analyze your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to be aware that even if your statute of limitations has expired you may still have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is best to speak with an attorney regarding your case as soon as possible and so that he or she can inform you of the options available to you. In the majority of cases, your statute of limitations begins to run on the date of the incident that led to your injury. However, in certain circumstances, such as exposure to toxic substances or medical negligence, the statute of limitations will not begin to run until you have realized or reasonably should have realized that your injury was caused by the negligent act. This is called the discovery rule. There are also exceptional situations where the statute of limitations is “tolled” or suspended, but these cases are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. If you've suffered injury by someone else's reckless conduct, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the party who is responsible for your injury. 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 costs resulting from your injury, which includes medical expenses, lost income and pain and suffering. Funeral expenses and emotional distress 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 the wrongful death. A court must establish four elements 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. Negligence is the failure to meet this obligation. A breach of this obligation is a direct cause for the injury you suffered. The injury must have caused substantial damage or serious harm to qualify for damages. A car accident resulting in an injured hand could result in significant medical expenses and, most likely, loss of income. The defendant's reckless or careless actions directly led to the injury. The wrongful death claim could include funeral and burial costs for your loved one, as well as emotional stress you or your family members have suffered. click here to investigate that are not financial are more difficult to quantify. Your attorney will use various methods to determine the value of your suffering and pain. Keep a diary to document your daily pain level as well as how your injuries have affected you mentally as well as physically. This will help prove your case. Insurance companies typically undervalue these damages in order to avoid paying higher settlements. In rare cases you may be able to seek punitive damages to punish the party who was negligent. The damages can only be awarded when a jury or judge finds the defendant's behavior to be outrageous. These types of compensation are typically awarded in the case of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. To obtain these additional damages, your lawyer must prove that the defendant acted with malice, willful or fraud, as well as oppression or conscious indifference to the consequences of his or her actions. Settlements The way your case is resolved will determine the amount of compensation you 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 to settle their claims outside of court. They are able to avoid the lengthy and expense of an in-court trial. This allows victims to receive their compensation earlier than if they had to wait for the trial to be completed. The settlement for a personal injury includes damages that are both economic and non-economic. The former include costs like medical expenses, lost wages and property damage. The latter include things such as suffering, pain, and loss of enjoyment of your life. Placing a monetary value on these damages can be difficult however, an attorney can help determine what your injuries are worth. Insurance companies will usually offer an agreement to settle your case prior to it goes to trial. They will examine the evidence you've gathered and determine what they think your claim is worth. You may have to submit a demand letter, which is accompanied by your evidence and a request for an appropriate compensation amount. You'll likely receive a counter-offer from your insurer, which is usually lower than what you requested. Your lawyer can negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have a valid legal claim, the settlement will typically pay for medical bills and other out-of-pocket expenses related to the accident. In some cases, your settlement may also include compensation for any future treatment your doctor predicts you will require as a result. 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 usually awarded to spouses or children who have suffered due to the death of a 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 especially negligent. This type of payment is designed to punish the defendant and deter others from engaging in similar reckless behavior. Filing a Lawsuit Once someone has contacted a personal injury lawyer, they should begin to collect evidence of their losses. Documents like medical records, police reports, and insurance policies could be included. Include evidence of damage to property or income loss in your claim. If the parties are unable to reach an agreement, the plaintiff's lawyer may bring a lawsuit against the defendant. The complaint will detail the claimant's version of events, outline how the actions of the defendant hurt them, and request relief in the form monetary compensation. A summons is also filed and personally served on the defendant, which is a notification that they are being sued. The defendant then has the time to reply. During this phase each party will complete the discovery process, where they look into the defenses and claims of the other side. This can take a significant amount of time, and will likely require a significant amount of documents. A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They may also request an appropriate settlement from the insurance company. The insurance company may accept, deny or counter-offer the offer. It is crucial to have a knowledgeable lawyer to ensure your rights are protected and maximize your payout. The right attorney can comb through all of the evidence available to ensure that you are compensated for each loss. They can also help you reduce unnecessary costs and track the amount of money you're entitled. New York law allows for everyone to be compensated for their share of the blame if more than one party is responsible for an accident. A knowledgeable attorney can help with workers' compensation cases. Certain personal injury cases could require experts from fields such as economics, medicine, or engineering. Your lawyer will assist you in selecting experts who can provide testimony to help your case. Based on the situation, some cases may go to trial, while others settle out of the court.