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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. In order to receive the full amount of damages, it is important to record your losses in a meticulous manner. Keep track of the medical expenses and out of the pocket expenses. Economic damages are a result of your future and past medical expenses as well as lost wages. It also covers the pain and suffering you endured, as well as the loss of companionship. Statute of limitations If you've been injured due to another person's wrongful negligence or action, it is important to act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal time limitations that protect individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. These limitations are different for each state and type of claim and they are often subject to specific or limited exceptions. For example, in New York, if you are seeking to file a lawsuit relating to injuries caused by an automobile accident the statute of limitation for these kinds of cases is three years. The statute of limitations for civil actions involving negligence is two years. This includes medical malpractice, product liability, and wrongful deaths. A lawyer can help you determine the time limit 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 could be possible. It is important to keep in mind that even if the statute of limitations has run out but you might still be able to make claims for compensation relating to your injuries, like workers' compensation or Social Security disability benefits. It is recommended to consult with an attorney regarding your situation as soon as you can, so that they can advise you of all your options. In most cases, the statute of limitations starts to run on the date of the incident that led to your injury. However, in certain circumstances, such as exposure to harmful substances or medical malpractice, the statute of limitations will not start to run until you realize or should have known that your injury was caused by the negligent act. This is known as the discovery rule. There are also some rare circumstances when the statute of limitations is “tolled” or suspended, however these circumstances are highly fact-specific and must be assessed by a competent personal injury lawyer. The attorneys at Littman & Babiarz can assist you if have been injured due to an unintentional act of another. Contact us today to schedule your free consultation. Damages The purpose of a personal injury lawsuit is to receive financial compensation from the person responsible for your injuries. The legal term used to describe this is “damages.” There are two types of damages: general and special. General damages are intended to provide you with compensation for your losses like medical bills, lost wages, and discomfort and pain. Funeral costs and emotional distress could be included in the special damages. If your loved one died due to reckless conduct by a third party, you could be able to claim wrongful death damage. A court must establish four elements to find the responsible party liable for the harm you suffered: duty, breach of duty, causation and damages. To establish the duty of a defendant, they must be legally bound to act in a responsible manner in the particular circumstance. Failure to meet this obligation is known as negligence. The injury you suffered was directly caused by a violation of this duty. The injury must have caused significant damage or serious injury in order to be eligible for damages. For example an accident in a car that resulted in a severed arm would have substantial medical expenses and possibly an interruption in wages. The injury was directly caused by the defendant's careless or reckless actions. A wrongful death claim might involve the funeral and burial costs of your loved one and emotional distress that you or your family suffered. Non-financial damages are more difficult to determine. Your attorney will use various methods to calculate the worth of your pain and suffering. Keeping a journal of your daily pain levels and how the injuries affected your physical, mental, and emotional well-being can aid in your claim for these damages. Many insurance companies undervalue these damages to avoid paying higher settlements. In rare cases you may be able to seek punitive damages to punish the negligent party. YouTube are only available when a judge or jury feels that the defendant's conduct was especially outrageous. This type of compensation is usually awarded in cases involving drunk driving accidents, deliberate or malicious actions, and nursing home abuse. To receive these additional damages the lawyer must prove that the defendant was acting with malice, wantonness or fraud, oppression, or a conscious disregard for the consequences of their actions. Settlements The amount of compensation you receive for your injuries is contingent on how your case is resolved. If your claim goes to trial, a jury will decide how much they will award you for your losses and injuries. In a lot of cases, however, parties agree to settle their claims outside of court. They can avoid the time and expense of a court trial. This means that victims can get their compensation sooner than the time they would have to wait for the trial to be concluded. 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 include things like suffering and pain, as well as the loss of enjoyment of life. Calculating a dollar value for these damages can be difficult however an attorney can help determine what your injuries are worth. Typically, an insurance company will offer a settlement before your case goes to trial. They will examine the evidence you have collected and determine what they think your claim is worth. You may be required to provide an order letter, along with the evidence you have provided and an offer for a reasonable amount of compensation. The insurer will likely send you a counter-offer, which is usually less than the amount you requested. Your lawyer can negotiate with the insurance company to negotiate a fair settlement for your injuries. If you have an undisputed legal claim, the settlement will typically pay for medical bills as well as other out-of-pocket expenses due to the accident. In some cases, your settlement will 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 type of compensation is typically awarded to spouses or children who have suffered due to the death of their loved ones as a result of an accident caused by someone else's negligence. Punitive damages may be awarded if the defendant is found to have been negligent. This type of compensation is intended to punish the defendant and prevent others from engaging in similar reckless actions. Filing an action After contact with a personal injury attorney one should begin collecting documentation of their losses. This may include documents like medical records or police reports, as well as insurance policies. Include evidence of damage to property or income loss in your claim. If the parties are unable to reach an agreement the attorney for the plaintiff may bring a lawsuit against the defendant. The complaint will outline the plaintiff's account of the events, explain how the actions of the defendant harmed them, and request relief in the form of financial compensation. A summons will also be issued and personally served on the defendant and serves as a notice that they are being sued. The defendant has a limited time frame in which to respond. During this stage, both parties will complete the discovery process in which they investigate the claims and defenses of the other side. It can be a long process and could require a great deal of documentation. A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in calculating damages. They can also make an offer to the insurance company for an equitable settlement. The insurance company could accept the offer, decline it, or offer a counteroffer. It is crucial to hire an attorney who is knowledgeable of the law to protect your rights and maximize the amount of compensation you receive. An experienced attorney will be able to look through all the evidence to confirm that your losses are compensated. 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 liable for the accident, New York law allows each one of them to claim for their part of the responsibility. An experienced attorney can assist with workers' compensation cases. Certain personal injury cases require the involvement of experts in fields such as medicine, economics and engineering. Your lawyer will assist you choose the right expert to testify in support of your case. Based on the situation, some cases could be tried in court, while others settle out of court.