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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries receive fair compensation. The process of documenting your losses is vital for obtaining full damages. This includes keeping track of your medical treatment and out-of-pocket expenses. Economic damages cover your future and past medical expenses as well as lost wages. Also covered are pain and suffering and 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 file a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time restrictions that protect parties 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 special or limited exemptions. In New York, for example, if you wish to file a lawsuit for injuries that result from a car crash the statute 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. A lawyer with experience can examine your case to determine if there are extensions or waivers that might be possible. It is important to remember that even the statute of limitations has expired however, you may be able to file additional claims for compensation relating to your injuries, such as workers' compensation or Social Security disability benefits. It is recommended to speak with an attorney as early as you can regarding your situation, so that they can inform you of the options available. In most instances, the statute of limitations will expire on the date of the incident that led to your injury. However, in certain situations like exposure to toxic 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 caused by a negligent action. This is referred to as the discovery rule. There are also rare circumstances when the statute of limitations has been “tolled” or suspended, but these situations are extremely specific and should be analyzed by a skilled personal injury lawyer. If you have been hurt by someone else's reckless conduct, the attorneys at Littman & Babiarz can help. Contact us today for your free consultation. Damages The purpose of a personal injury lawsuit is to get financial compensation from the party responsible for your injury. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are intended to pay for the losses you have suffered, such as medical bills as well as lost wages and discomfort and pain. Funeral expenses and emotional stress could be included in the special damages. If a loved one died due to the reckless conduct of another, you can also recover damages for wrongful death. To hold the party responsible accountable for your injury, a court must establish four elements: duty, breach, causation and damages. To establish the duty of a defendant to be legally bound to behave responsibly in the particular circumstance. Failure to meet this obligation is called negligence. The injury you suffered is directly caused by a breach of this obligation. The injury must have caused significant damage or serious harm to be able to claim damages. For instance an accident in a car that caused a broken arm would have substantial medical costs and likely the loss of wages. The injury was directly caused due to the defendant's negligence or reckless actions. A wrongful death claim could include funeral and burial expenses for your loved one as well as emotional pain that your family or you suffered. Non-financial damages are more difficult to calculate. Your attorney will employ various methods to calculate the worth of your pain and suffering. Keeping a journal of your daily pain levels and how the injuries have affected your mental, physical, and emotional well-being can help support your claim for these damages. Insurance companies often undervalue the damages of their clients to avoid paying higher settlements. In some cases your lawyer can pursue punitive damages. These are intended to punish the responsible party. These damages are only available if jurors or judges believe that the defendant's conduct was particularly obscene. This type of compensation is typically awarded in cases of drunk driving accidents, or malicious actions, and nursing home abuse. To be eligible for these additional damages, your lawyer must prove that the defendant committed the offense with malice, willful or fraud, oppression, or conscious indifference to the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation you receive. If your claim goes to trial the jury will decide how much they will award you for your losses and injuries. In many cases parties, however, they agree to settle out of the courtroom. This lets them save the time and money of a trial. It also allows victims to receive their compensation sooner than should they wait for the trial to complete. A personal injury settlement covers both economic and non-economic damages. YouTube include costs such as medical expenses, lost wage and property damage. The latter include things like suffering and loss of enjoyment. Placing a monetary value on these damages can be difficult however, an attorney can help you determine the value of your injuries. Typically an insurance company will typically offer an agreement before your case goes to trial. They will look over the evidence that you have amassed and determine how they value your claim. You might be required to submit an order letter, along with your evidence and an appropriate amount of compensation. The insurer is likely to offer you a counter-offer which is usually less than the amount you requested. Your attorney can then negotiate with the insurer to reach an acceptable settlement for your injuries. If you have a valid legal claim, your settlement will typically cover your medical bills as well as other out-of-pocket expenses due to the accident. In certain instances the settlement may also include compensation for any future treatment that your doctor estimates 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 typically given to children or spouses who suffered as a result of the death of their loved one as a result an accident caused by the negligence of another. You could also be eligible for punitive damages if the defendant was found to be particularly negligent. This type of compensation is intended to punish the defendant and prevent others from engaging in similar reckless behavior. Filing a Lawsuit After contacting a personal injury attorney, a person should begin accumulating evidence of their losses. This may include documents like medical records as well as police reports and insurance policies. Documentation of loss of income or property damage should be included in an insurance claim. If the parties cannot agree on 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 the amount of compensation. A summons is also filed and personally served to the defendant as a notice that they are being accused of a crime. The defendant will then have the time to respond. During this time, both sides will complete the discovery phase, where each side will investigate the defenses and claims of the other. This can take a significant amount of time, and will likely involve a lot of documentation. A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They are also able to assist in calculating damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company could accept, deny or counter-offer the offer. It is essential to have an attorney who is familiar with the law in order to protect your rights and maximize the amount of compensation you receive. A competent lawyer can go through all evidence available to ensure that you're being compensated for each loss. They can also help you reduce unnecessary expenses and track the money you're entitled to. New York law allows for every person to be compensated for their share of the responsibility in cases where more than one party is accountable for an accident. A knowledgeable attorney can help with workers' compensation cases. Certain personal injury cases require the assistance of experts in areas such as economics, medicine and engineering. Your lawyer will assist you in selecting an expert who can testify to support your case. Depending on the facts of a case, it could be resolved outside of court or in a trial.