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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims receive fair compensation. The process of documenting your losses is vital for obtaining full damages. This includes keeping an eye on your medical treatment and out-of-pocket expenses. Economic damages include your future and past medical expenses and lost wages. It also covers pain and suffering as well as loss of companionship. Statute of Limitations If you've been injured due to the negligence of someone else or by a wrongful action, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal restrictions that protect individuals from unnecessary litigation by preventing claims from being filed after the deadline has expired. These limitations are different for each state and type of claim and they are often subject to special or limited exceptions. In New York, for example, if you wish to file a lawsuit for injuries sustained in a car accident, the statutes of limitations are three years. The time limit for civil actions which involve negligence is two years. This includes medical malpractice, product liability, and wrongful deaths. A lawyer can assist you determine the statute of limitations that applies to your case and ensure that it is filed on time. A lawyer with experience can analyze your case to determine if there are any extensions or waivers that could be available. It is important to be aware that even the time your statute of limitations has expired you may still have other claims for compensation relating to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your situation, so that they can advise you of the various options that are available. In most instances, the statute of limitations starts to expire on the date of the incident that caused your injury. In some situations, like exposure to toxic materials or medical malpractice, the time limit does not begin until you are aware that you could have realized that your injury was result of a negligent act. This is known as the discovery rule. There are rare circumstances where the statute of limitations is “tolled” or suspended. These scenarios are factual and require a skilled personal injury lawyer to evaluate. If you have been hurt due to someone else's wrongful actions, the attorneys at Littman & Babiarz can help. Contact us to schedule an appointment for a free consultation. Damages The goal of a personal injury claim is to get financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two groups of damages: general and special. General damages are intended to compensate you for losses associated with your injury, which includes medical bills, lost income and pain and suffering. Funeral costs and emotional distress may be included in special damages. If your loved one has died because of reckless behavior by another person, you could be able to claim damages for wrongful death. A court must establish four elements to determine who is responsible for the harm you suffered that result from a breach of duty, causation, and damages. To establish the duty the defendant must be under an obligation under law to be responsible in a specific circumstance. Negligence is the failure to meet this duty. The injury you suffered was directly caused by a violation of this obligation. To be able to claim damages, the injury must have caused severe damage or injury. For instance 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 injury was caused directly by the defendant's careless or reckless actions. The wrongful death claim can include funeral and burial expenses for your loved one as well as emotional stress you or your family have suffered. Non-financial damages can be more difficult to calculate. Your attorney will use different methods to determine the value of your pain. Keep a diary to document your daily pain level as well as how your injuries affect you mentally, physically, and emotionally. This will help prove your case. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements. In rare cases the attorney may pursue punitive damages. These are designed to penalize the party who was negligent. These damages can only be awarded if the judge or jury finds the defendant's conduct to be particularly outrageous. This type of compensation is typically awarded in cases involving drunk driving accidents, or malicious acts, as well as nursing home abuse. To get these additional damages, you need to demonstrate to your lawyer that the defendant acted with willful or malicious intent, fraud or oppression or a conscious disregard for the consequences of their actions. Settlements The amount you receive for your injuries is contingent on how your case is decided. If breaking news goes to trial, a jury will decide what they will pay you for your losses and injuries. In many cases however, the parties will agree to settle out of court. They are able to avoid the time and cost of an in-court trial. This also allows victims to collect their compensation earlier than they would if they waited for the trial to be completed. The settlement for a personal injury includes both economic and other damages. The former includes costs such as medical expenses, lost wages, and property damage. The latter include things such as suffering, pain, and loss of enjoyment of your life. It isn't always easy to determine a dollar amount on these losses, but an experienced attorney can help you determine the value of your injuries. Insurance companies usually offer a settlement to settle your claim before it goes to trial. They will examine the evidence you have collected and decide what they believe your claim is worth. You might be required to submit an order letter, along with your evidence and an appropriate amount of compensation. The insurance company will likely offer you a counter-offer which is usually lower than the amount you request. Your attorney can then negotiate a fair settlement with the insurer. If you have a valid claim the settlement will cover your medical expenses as well as other expenses out of pocket related to the accident. In some cases, your settlement may also include compensation for any future treatment that your doctor predicts you will require due to the. 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 granted to spouses and children who are suffering because of the loss of a loved one during an accident caused by another person's negligence. Punitive damages can be awarded in the event that the defendant is determined to have been negligent. This kind of compensation is intended to punish the defendant and deter others from engaging in reckless behavior. Filing a Lawsuit After a person has spoken with a personal injury lawyer, they should begin collecting evidence of their losses. Documents such as medical records, police reports and insurance policies may be included. Documentation of lost income or property damage should also be included in the claim. If the parties are unable to reach an agreement, the plaintiff's attorney may start a lawsuit against the defendant. The complaint will outline the plaintiff's version of events, describe how the defendant's actions harmed them, and seek relief in the form monetary compensation. A summons will also be issued and personally served on the defendant and serves as a notice that they are being accused of a crime. The defendant is given a specific timeframe to respond. In this process each side will complete the discovery phase, where each side investigates 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 assist in the preparation for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They can also make an offer to the insurance company for a fair settlement. The insurance company could accept or decline the offer it, or counter-offer. It is crucial to hire an attorney who is familiar with the law to protect your rights and maximize your recovery. A competent lawyer can go through all available evidence to verify that you are being compensated for every loss. They can also help you eliminate unnecessary expenses and keep track of the money you're entitled to. If more than one person is responsible for the accident, New York law allows each one to be compensated for their part of the responsibility. An experienced attorney can help with workers claims for compensation. Certain personal injury cases require the use of experts in fields such as economics, medicine and engineering. Your lawyer will help you choose a qualified expert to provide testimony and support your case. Depending on the circumstances, certain cases may go to trial, while others settle out of the court.