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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can help injured victims win fair compensation. It is crucial to document your losses to receive the full amount of damages. Keep track of the medical expenses and out of expenses out of pocket. Economic damages cover the cost of your current and future medical expenses, as well as lost wages. Also, it covers your pain and suffering, as well as the loss of companionship. Statute of limitations If you've been injured due to someone else's negligence or wrongful action, you should file a lawsuit as soon as you can. Statutes of limitations are legal time restrictions that protect the parties from unnecessary litigation by preventing claims filed after the deadline has passed. These time limits vary by state and type of claim, and are typically subject to specific or limited exceptions. In New York, for example when you want to file a lawsuit for injuries caused by a car accident the statute of limitations are three years. For civil actions that involve negligence, such as medical malpractice and product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help determine the statute of limitations applicable to your case and ensure that the case is filed on time. A lawyer with experience will analyze your case to determine if there are any extensions or waivers that might be possible. You should be aware that even when your statute of limitation has passed, you could have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is best to consult an attorney about your case as soon as you can to ensure that he or she can advise you of the options available to you. In the majority of instances, the statute of limitations starts to begin running from the date of the incident that caused your injury. In certain situations, such as exposure to toxic substances or medical malpractice, the limitation period does not begin until you are aware that you could have realized that your injury was caused by a negligent act. This is called the discovery rule. There are a few rare instances where the statute of limitation is “tolled” or suspended. These cases are factual and require a knowledgeable personal injury lawyer to evaluate. Littman & Babiarz's attorneys can assist you if you have been injured by the negligence of another. Contact us today to schedule your free consultation. Damages A personal injury claim seeks financial compensation from the person who is responsible for your injury. The legal term used to describe this is “damages.” There are two groups of damages: general and special. General damages are meant to compensate you for losses associated with your injury, which includes medical bills, lost income, and suffering and pain. Funeral expenses and emotional distress can be incorporated into special damages. If a loved one passed away due to a reckless act of another you may also be able to recover damages for wrongful death. To hold the responsible party accountable for your injuries, a court must determine four elements which are breach, duty, causation and damages. To establish the duty of a defendant, they must be legally bound to behave responsibly in the given circumstance. Failure to meet this obligation is known as negligence. A breach of this obligation is a direct cause for the injury you suffered. To be able to claim damages, the injury must have caused significant harm or caused significant damage. A car crash that results in a severed hand would result in significant medical expenses and most likely loss of income. The injury was directly caused by the defendant's careless or reckless actions. A claim for wrongful death could include funeral and burial costs of your loved one, as well as the emotional pain that your family or you suffered. Non-financial damages are more difficult to determine. Your attorney will use various methods to determine the value of your suffering and pain. Keep a journal of your daily pain level and how your injuries have affected you mentally as well as physically. This can help you prove your case. Many insurance companies undervalue the damages in order to avoid paying higher settlements. In rare instances the attorney may pursue punitive damages, which are intended to penalize the party who was negligent. These damages can only be granted when a jury or judge finds the defendant's behavior to be particularly obscene. These kinds of compensation are usually awarded in cases of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. To be eligible for these additional damages your lawyer must demonstrate that the defendant was acting with malice, wantonness, fraud, oppression, or with a lack of awareness of the consequences of their actions. Settlements The amount of compensation you receive for your injuries will depend on how your case will be determined. If your case goes to trial, a jury will determine how much to award you for your losses and injuries. In many cases the parties will reach an agreement to settle their dispute outside of court. They can avoid the time and cost of the court trial. This means that victims can receive their compensation earlier than the time they would have to wait for the trial to be completed. The settlement for personal injuries will include damages that are both economic and non-economic. The former includes costs such as medical expenses, lost wages and property damage. The latter include aspects like suffering and loss of enjoyment of life. The process of determining a value for these damages can be difficult however, an attorney can help you determine what your injuries are worth. Insurance companies will usually offer an agreement to settle your claim before it goes to trial. They will review the evidence you've gathered and decide what they believe your claim is worth. You may be required to submit a letter of demand, along with the evidence you have provided and an offer for a reasonable amount of compensation. The insurance company will likely send you a counter-offer, which is usually lower than your requested amount. Your lawyer can negotiate with the insurer to reach a fair settlement for your injuries. If you have a valid legal claim, the settlement will typically pay for medical bills and other expenses out of pocket related to the accident. In certain instances your settlement could include compensation for any future treatments that your doctor believes 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 usually granted to children or spouses who suffered as a result of the death of their loved ones due to an accident caused by someone else's negligence. youtube.com could also be awarded punitive damages if the defendant was found to be especially negligent. This type of payment is designed to penalize the defendant and prevent others from engaging in similar reckless behaviors. Filing an action Once a person has contacted an attorney for personal injuries the next step is to collect evidence of their losses. Documents such as medical records, police reports, and insurance policies may be included. Include evidence of damage to property or income loss in your claim. If the parties are unable reach a settlement, the plaintiff's lawyer may file a suit against the defendant. The complaint will provide the claimant's version, describe the defendant's actions and ask for monetary compensation. A summons is also filed and personally served on the defendant, which is a notification that they are being sued. The defendant has a limited amount of time in which to respond. In this process, both sides will complete the discovery phase where each side investigates the defenses and claims of the other. This could take a considerable amount of time, and will likely require a lot of documentation. A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They may also submit a demand to the insurance company for an appropriate settlement. The insurance company can accept, decline or counteroffer the offer. It is essential to have an attorney who is familiar with the law to protect your rights and maximize the amount of compensation you receive. The right attorney will be able to go through all the evidence to verify that your losses are being compensated. They can also eliminate unnecessary expenses and help you to keep track of all the funds you are entitled receive. New York law allows for everyone to be compensated for their part of the responsibility in cases where more than one party is accountable for an accident. A knowledgeable attorney can help with workers claims for compensation. Some personal injury cases might require the assistance of experts in fields such as economics, medicine, or engineering. Your lawyer can assist you in locating a specialist who can provide testimony to help your case. Based on the circumstances of a case, it may be resolved outside of court or in a trial.