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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can assist victims of injuries to obtain fair compensation. The process of documenting your losses is vital to receiving full damages. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages include the future and past medical expenses 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 an injury due to another person's wrongful negligence or action it is imperative to act swiftly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal restrictions that protect parties from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. These limitations of time can differ according to the state and the type of claim and are typically subject to limited or special exemptions. For instance in New York, if you want to bring a lawsuit for injuries caused by 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 determine the statute of limitation that applies to your case and ensure that the case is filed on time. A lawyer with experience can analyze your case to determine if there are any extensions or waivers that may be possible. It is important to keep in mind that even when the statute of limitations has run out but you might still be able to file additional claims for compensation relating to your injuries, including workers compensation or Social Security disability benefits. However, it is best to consult with an attorney regarding your case as soon as you can and so that they can advise you of all options. In the majority of instances, the statute of limitations will expire on the date of the incident that caused you injury. In some instances, like exposure to toxic substances or medical malpractice the limitation period does not begin until you recognize, or reasonably could have realized that your injury was caused by a negligent action. This is referred to as the discovery rule. There are rare circumstances where the statute of limitations is “tolled”, or suspended. These scenarios are factual and require an experienced personal injury lawyer to evaluate. If you've been injured by someone else's reckless conduct, the attorneys at Littman & Babiarz can help. Contact us for a free consultation. Damages The goal of a personal injury lawsuit is to get financial compensation from the person responsible for your injuries. Damages are the legal term used to describe this. There are two kinds of damages: general and special. General damages are intended to compensate you for the costs resulting from your injury, such as medical bills, lost income and pain and suffering. Special damages can include funeral costs and emotional distress. If your loved one died because of reckless behavior by another, you may be able to recover the cost of wrongful death. A court must establish four elements in order to find the responsible party liable for your injury that result from a breach of duty, causation, and damages. To establish the duty the defendant must be under the legal obligation to act responsibly in a specific situation. Failure to meet this obligation is called negligence. A breach of this obligation is the direct cause of the injury you sustained. The injury must have caused serious damage or serious injury to qualify for damages. A car accident resulting in an injury to the hand could result in substantial medical costs and, most likely, the loss of income. The defendant's careless or reckless actions directly led to the injury. The wrongful death claim could include funeral and burial expenses for your loved one as well as emotional distress you or your family have experienced. Non-financial damages are more difficult to calculate. Your attorney will employ various methods to calculate the value of your suffering and pain. Keep a journal of your pain levels throughout the day and how your injuries have affected you mentally, physically, and emotionally. This can help you prove your case. Insurance companies tend to undervalue these damages to avoid paying more settlements. In rare cases the attorney may pursue punitive damages. These are intended to punish the negligent party. These damages are only available when jurors or judges believe that the conduct of the defendant was particularly obscene. This kind of compensation is usually awarded in cases of drunk driving accidents, deliberate or malicious acts, and nursing home abuse. To be eligible for these additional damages, you need to demonstrate to your lawyer that the defendant's actions were motivated by willful or malicious intent, fraud or oppression, or a conscious indifference to the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation that you will receive. If your claim goes to trial the jury will decide how much to award you for your losses and injuries. In a lot of cases parties, however to settle their claims outside of the courtroom. This allows them to avoid the time and expense of a trial. This allows victims to receive their compensation earlier than if they had to wait for the trial to conclude. A personal injury settlement includes both economic and non-economic damages. The former includes costs such as medical expenses, lost wages and property damage. The latter includes aspects such as suffering and loss of enjoyment of life. Placing a monetary value on these damages can be difficult however an attorney can help determine the value of your injuries. Typically, an insurance company will typically offer a settlement before your case goes to trial. They will look over the evidence that you have amassed and determine how they consider your claim. You may be required to submit an official demand letter that includes your evidence and a request for the appropriate compensation amount. You'll likely receive a counter-offer from the insurer, which is typically lower than the amount you requested. Your attorney can then negotiate an acceptable settlement with the insurance company. If you have a valid legal claim, your settlement will generally cover medical expenses and other expenses out of pocket related to the accident. In certain instances the settlement may also include compensation for any future treatment that your doctor predicts you will need as a result 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 kind of compensation is usually awarded to spouses and children who have suffered as a result of the loss of a loved one during an accident caused by another's negligence. You could also be eligible for punitive damages if the defendant was found to be especially negligent. This kind of compensation is designed to penalize the defendant and deter others from engaging in reckless conduct. Filing a Lawsuit After a person has spoken with an attorney for personal injury and has been advised to gather documentation of their losses. Documents like medical records, police reports, and insurance policies can be included. Include documentation of property damage or income loss in your claim. If the parties fail to reach a settlement, the plaintiff's lawyer may make a claim against the defendant. The complaint will outline the plaintiff's version of events, describe how the actions of the defendant harmed them, and seek relief in the form monetary compensation. A summons is also filed and personally handed over to the defendant. This is a notice that they are being sued. The defendant is then given the time to reply. In this stage, both parties will complete the discovery process in which they examine the defenses and claims of the other. This can take a significant amount of time and will likely involve a lot of documents. A lawyer can help prepare for trial by arranging expert witnesses and obtaining evidence. They can also help calculate damages. They can also demand an equitable settlement from the insurance company. The insurance company may accept the offer, reject it, or counter-offer. It is important to have an experienced lawyer who can ensure your rights are protected and maximize your recovery. A good lawyer can go through all the evidence to ensure that your losses are compensated. They can also assist you to cut out unnecessary expenses and keep track of the amount you're entitled to. If more than one person is at fault for the accident, New York law allows each of them to recover for their share of responsibility. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases may require the use experts in fields like economics, medicine, or engineering. understanding will assist you choose a qualified expert to provide testimony and support your case. Based on the specifics of a case, it may be resolved outside of court or in a trial.