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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries get fair compensation. The process of documenting your losses is vital to receive the full amount of damages. Keep the track of all medical expenses as well as out-of expenses out of pocket. Economic damages cover your past and future medical expenses and lost wages. Also covered are YouTube and suffering as well as loss of companionship. Statute of limitations If you've suffered an injury because of a negligent action or negligence, it is important that you act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitation are legal time limitations that safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. These time limits can vary depending on the state of origin and the type of claim, and are often subjected to special or limited exemptions. For instance in New York, if you would like to file a lawsuit relating to injuries sustained in an auto accident the statute of limitations for these kinds of cases is three years. The time limit for civil actions involving negligence is two years. This includes medical negligence, product liability and the wrongful death of a person. A lawyer can help you determine the time limit applicable to your case and ensure that it is filed in a timely manner. An experienced lawyer can analyze your case to determine if there are any extensions or waivers that might be possible. It is important to remember 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 recommended to speak an attorney about your situation as soon as you can and so that he or she can inform you of all options. In the majority of cases, your statute of limitations starts to run on the date of the underlying incident which caused your injury. However, in some situations, such as exposure to harmful substances or medical negligence the statute of limitations does not begin to run until you realize or reasonably should have realized that your injury was the result of a negligent act. This is called the discovery rule. There are also rare circumstances when 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. Our lawyers at Littman & Babarz can help 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 A personal injury claim seeks financial compensation from the person responsible for your injury. The legal term for this is “damages.” There are two types of damages which are: general and specific. General damages are intended to compensate you for your losses such as medical expenses, lost wages, and discomfort and pain. Special damages can include funeral costs and emotional stress. If your loved one passed away due to reckless behavior by another, you may be able to recover damages for wrongful death. A court must establish four elements in order to determine who is responsible for your injuries that result from a breach of duty, causation and damages. To establish a defendant's duty to act responsibly, they must be legally bound to act in a responsible manner in the specific circumstance. In the event of a breach of this obligation is called negligence. The injury you suffered is directly resulting from a breach of this obligation. The injury must have caused serious damage or serious harm to be able to claim damages. A car crash that results in an injury to the hand could result in significant medical expenses and, most likely, loss of income. The defendant's reckless or negligent actions directly contributed to the injury. A wrongful death claim might include funeral and burial costs of your loved one and emotional trauma that you or your family experienced. Non-financial damages are more difficult to determine. Your lawyer will employ a variety of methods to determine the amount of your pain. Maintaining a log of your pain levels throughout the day and how the injuries have affected your physical, mental and emotional well-being could help support your claim for these damages. Many insurance companies undervalue these damages to avoid paying higher settlements. In some rare instances, you can seek punitive damages to punish the party who was negligent. These damages can only be awarded if a jury or judge finds the defendant's conduct to be particularly outrageous. This type of compensation is usually granted in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. To be eligible for these additional damages, your lawyer must prove that the defendant acted with malice, willful or fraud, as well as oppression or a conscious disregard for the consequences of his or her actions. Settlements The amount you receive for your injuries is contingent on how your case is decided. If your case goes to trial, a jury will decide what to award you for your injuries and losses. In a lot of cases, however, parties agree to settle out of the courtroom. This means they can avoid the time and cost of a trial. This allows victims to receive their compensation earlier than those who had to wait for the trial to be completed. The settlement for personal injuries will include both economic and other damages. The former include costs like medical expenses, lost wages and property damage. The latter includes aspects such as suffering, pain, and loss of enjoyment of your life. The process of determining a value for these damages can be difficult however, an attorney can help determine the value of your injuries. Typically, an insurance company will offer a settlement prior to the case goes to trial. They will review the evidence you've gathered and determine how much they consider your claim. You may be required to submit an official demand letter that is accompanied by evidence and a request for the appropriate compensation amount. The insurer is likely to make a counter-offer which is often lower than the amount you request. Your lawyer can negotiate an acceptable settlement with the insurer. If you have a valid claim the settlement will pay your medical expenses as well as other out-of-pocket expenses related to your accident. In certain cases, your settlement may also include compensation for any future treatment that your doctor believes you'll 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 typically awarded to spouses or children who suffered as a result of the loss of a loved ones as a result of an accident that was caused by the negligence of another. You could also be eligible for punitive damages if the defendant was found to be negligent in particular. This type of compensation is designed to penalize the defendant and prevent others from engaging in similar reckless actions. Filing a Lawsuit After contact with an attorney for personal injuries one should begin collecting documentation of their losses. This may include documents like medical records or police reports, as well as insurance policies. Documentation of lost income or property damage should also be included in an insurance claim. If the parties cannot agree on an agreement, the plaintiff's attorney may start an action against the defendant. The complaint will outline the claimant's account, explain the actions of the defendant and request for an amount of money. A summons will also be issued and personally served on the defendant as a notice that they are being accused of a crime. The defendant is then given the time to reply. In this phase each party will complete the discovery process, where they look into the claims and defenses of the other side. This could take a considerable amount of time and likely involve a lot of documentation. A lawyer can assist in prepare for trial by arranging expert witnesses and collecting evidence. They are also able to assist in the calculation of damages. They may also submit an offer to the insurance company for a fair settlement. The insurance company could accept or decline the offer it or make a counteroffer. It is essential to hire an experienced lawyer who can protect your rights and maximize your compensation. A competent lawyer can go through all the available evidence to verify that you're being compensated for each loss. They can also help you eliminate unnecessary expenses and assist you to keep track of all the funds you are entitled receive. If more than one person is responsible for the accident, New York law allows each one of them to claim for their share of responsibility. A competent lawyer can assist with claims for workers' compensation. Certain personal injury cases require the assistance of experts in areas like economics, medicine and engineering. Your lawyer will assist you choose the right expert to testify and help support your case. Based on the situation, some cases could go to trial while others will settle out of the court.