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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist victims of injuries to obtain fair compensation. Documenting your losses is essential for obtaining full damages. Keep the track of all medical expenses and out-of the pocket expenses. Economic damages include your past and future medical costs and lost wages. It also covers the pain and suffering and 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 time restrictions that protect parties from unnecessary litigation by preventing claims from being filed after the deadline has passed. These limitations of time can differ according to the state and the type of claim and are usually subject to special or limited exemptions. For example, in New York, if you are seeking to bring a lawsuit for injuries caused by an automobile accident the statute of limitation for these types of cases is three years. For civil actions that involve negligence such as medical negligence, product liability and wrongful death the statute of limitations is two years. A lawyer can assist you in determining the statute of limitations applicable to your case and ensure that it is filed on time. A lawyer with experience will review your case to determine if there are any extensions or waivers that might be available. It is important to know that even if your statute of limitations is over, you may have other claims for compensation related 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 you can, so that they can advise you of all your options. In the majority of cases, your statute of limitations begins to run on the date of the incident which caused your injury. However, in some situations such as exposure to toxic substances or medical negligence the statute of limitations does not begin to run until you have realized or reasonably should have realized that your injury was the result of a negligent action. This is known as the discovery rule. There are also some exceptional situations where the statute of limitations is “tolled” or suspended, however these circumstances are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. Our lawyers at Littman & Babarz can assist you if have been injured by another person's wrongful behavior. 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. Damages are the legal term used to describe this. There are two types of damages: general and special. General damages are meant to compensate you for losses associated with your injury, including medical expenses, lost income and pain and suffering. Funeral expenses and emotional distress can be incorporated into special damages. If a loved one died due to the reckless conduct of another, you can also recover wrongful death damages. To hold the party responsible accountable for your injury, a court must determine four elements: duty, breach, causation and damages. To establish a defendant's obligation to act responsibly, they must be legally bound to behave responsibly in the specific circumstance. Negligence is the inability to fulfill this duty. The injury you suffered is directly resulting from a breach of this obligation. The injury must have caused substantial damage or serious harm in order to be eligible for damages. For example an accident in a car which resulted in a fractured arm would result in significant medical expenses and possibly the loss of wages. The defendant's reckless or negligent actions directly caused the injury. The wrongful death claim could include funeral and burial costs for your loved one and emotional pain you or your family suffered. Non-financial damages are more difficult to determine. Your attorney will employ different methods to calculate the worth of your suffering and pain. Keeping a journal of your daily pain levels and how your injuries have affected your physical, mental and emotional health can help support your claim for these damages. Insurance companies often undervalue the damages of their clients to avoid paying more settlements. In rare cases you may be able to seek punitive damages to punish the responsible party. These damages are only available if jurors or judges believe that the defendant's behavior was especially outrageous. This kind of compensation is usually granted in cases of drunk driving accidents, deliberate or malicious acts, and nursing home abuse. To obtain these additional damages your lawyer must demonstrate that the defendant acted in a manner that was ill-intentional, shrewd or fraud, as well as oppression or conscious indifference to the consequences of their actions. Settlements The amount of compensation you receive for your injuries will depend on how your case is resolved. If your case goes to trial, a jury will decide what they will pay you for your injuries and losses. In many cases the parties will reach an agreement to settle their dispute outside of court. This means they can avoid the time and cost of a trial. This allows victims to get their compensation sooner than those who had to wait for the trial to conclude. The settlement for personal injuries will include damages that are both economic and non-economic. The former include costs such as medical expenses as well as lost wages and property damage. The latter includes aspects like suffering, pain and the loss of enjoyment your life. Calculating a dollar value for these damages can be difficult, but an attorney can help you determine what your injuries are worth. Typically an insurance company will typically offer a settlement prior to the case goes to trial. They will look over the evidence you've gathered and decide what they believe your claim is worth. You may have to file an official demand letter that is accompanied by evidence and an offer for a suitable compensation amount. You'll likely receive a counter-offer from your insurance company, which is usually lower than the amount you requested. Your attorney can then negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have an appropriate legal claim, the settlement will typically pay for medical bills and other expenses out of pocket related to the accident. In some instances the settlement may also include compensation for any 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 children or spouses who suffered as a result of the loss of a loved ones as a result of an accident that was caused by someone else's negligence. Punitive damages are possible in the event that the defendant is determined to have been particularly negligent. This kind of payment is designed to penalize the defendant and deter others from engaging in similar reckless behaviors. Filing an action After a person has spoken with an attorney for personal injuries, they should begin to gather documentation of their losses. This can include documents such as medical records as well as police reports and insurance policies. Include documentation of property damage or income loss in your claim. If the parties cannot agree on an agreement, the plaintiff's attorney may bring a lawsuit against the defendant. The complaint will detail the claimant's account, explain the actions of the defendant, and request for the amount of compensation. A summons is also issued and personally served on the defendant as a notice that they are being accused of a crime. The defendant is then given an appropriate amount of time to respond. During this phase, both parties will complete the discovery process where they investigate the claims and defenses of the other party. This can take a significant amount of time, and will likely require a significant amount of documents. A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in calculating damages. Full Piece of writing can also make an offer to the insurance company for a fair settlement. 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 the available evidence to confirm that you are being paid for every loss. They can also assist you to eliminate unnecessary expenses and keep track of the money you're entitled to. If more than one person is at fault for the accident, New York law allows each one of them to claim for their share of responsibility. A knowledgeable attorney can assist in workers' compensation cases. Certain personal injury cases require the assistance of experts in areas like economics, medicine and engineering. Your lawyer will assist you in selecting an expert who can testify to back your case. Based on the circumstances, certain cases may go to trial, while others will settle out of court.