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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims receive fair compensation. In order to receive the full amount of damages, it's important to document your losses carefully. This includes keeping track of your medical expenses and out-of-pocket expenses. Economic damages include the cost of your current and future medical expenses as well as lost wages. It also covers your pain and suffering, as well as the loss of companionship. Statute of Limitations If you've suffered an injury due to another person's wrongful act or negligence it is imperative to act swiftly and make a personal injury claim before the statute of limitations runs out. Statutes of limitations are legal time restrictions which safeguard parties from unnecessary litigation. They stop claims from being filed after the deadline. These time limits can vary depending on the state and the type of claim and are usually subject to special or limited exemptions. For instance 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 cases is three years. The time limit for civil actions which involve negligence is two years. YouTube includes medical negligence, product liability and the wrongful death of a person. A lawyer can assist you in determining the statute of limitations that applies to your particular case and ensure that the case is filed on time. An experienced lawyer will review your case and recommend any possible extensions or waivers of the statute of limitations in your case. It is important to be aware that even if your statute of limitations is over, you may have other claims for compensation related to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is advised to speak with an attorney regarding your case as soon as you can and so that they can inform you of all options. In most cases, the statute of limitations starts to run on the date of the incident that led to your injury. In certain situations, such as exposure to toxic substances or medical malpractice, the statute of limitation is not established until you are aware or would have known that your injury was caused by a negligent action. This is called the discovery rule. There are also some exceptional situations where the statute of limitations is “tolled” or suspended, but these cases are extremely specific and should be analyzed by a skilled personal injury lawyer. If you've been injured by someone else's reckless conduct, the attorneys at Littman & Babiarz can help. Contact us to schedule a free consultation. Damages The purpose of a personal injury claim 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 meant to compensate you for your losses, such as medical bills, lost wages, and pain and discomfort. Funeral expenses and emotional distress could be included in the special damages. If a loved one passed away due to a reckless act of another, you can also recover wrongful death damages. A court must establish four elements in order to determine the party responsible for your injury that result from a breach of duty, causation and damages. To establish a duty the defendant must be under the legal obligation to be responsible in a specific situation. Negligence is the inability to fulfill this duty. A breach of this duty is a direct cause of the injury you sustained. The injury must have caused serious damage or serious harm to qualify for damages. A car crash that results 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 caused the injury. The wrongful death claim can include funeral and burial costs for your loved one, and emotional pain you or your family experienced. Non-financial damages are more difficult to calculate. Your lawyer will employ a variety of methods to calculate the value of your pain and suffering. Keep a journal to record your daily pain level as well as how your injuries affect you mentally, physically, and emotionally. This will help support your claim. Insurance companies often undervalue these damages in order to avoid paying more settlements. In some rare instances, you can seek punitive damages to punish the party who was negligent. These damages are only available when jurors or judges believe that the defendant's behavior was particularly outrageous. These types of compensations are usually awarded in instances of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To be eligible for these additional damages, you need to prove to your lawyer that the defendant was acting with willful or malicious intent, fraud or oppression or a conscious indifference towards the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation that you will receive. If your case is heard in court, a jury will decide the amount you will be awarded for your losses and injuries. In many cases parties, however, they agree to settle out of the courtroom. This means they can avoid the time and expense of a trial. It also allows victims to receive their compensation sooner than they would if they waited for the trial process to complete. The settlement for a personal injury includes both economic and other damages. The former include expenses like medical expenses, lost wages, and property damage. The latter includes aspects like suffering, pain and loss of enjoyment of your life. It can be difficult to quantify the value on these damages, but an experienced attorney can help you determine the value of your injuries. Insurance companies typically offer a settlement to settle your case before it goes to trial. They will examine the evidence you've gathered and determine what they feel your claim is worth. You may need to send a demand letter, which is accompanied by your evidence and an offer for a suitable compensation amount. You'll likely receive a counter-offer from your insurance company, which is usually less than what you asked for. Your lawyer can negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have a valid claim the settlement will pay your medical expenses and other out-of pocket expenses due to the accident. In some instances the settlement may also include a portion of the future treatment that your doctor estimates you'll require 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 granted to spouses and children who have suffered as a result of the death of a loved one due to an accident caused by someone else's negligence. Punitive damages are possible in the event that the defendant is determined to have been particularly negligent. This type of payment is intended to punish the defendant, and deter others from engaging in reckless conduct. Filing a Lawsuit Once a person has contacted a personal injury lawyer, they should begin to collect evidence of their losses. Documents such as medical records, police reports, and insurance policies can be included. Documentation of lost income or property damage must be included in the claim. If the parties are unable come to an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can file a suit against the defendant. The complaint will detail the claimant's argument, outline the actions of the defendant and request for an amount of money. A summons is also issued and personally served on the defendant, which is a notification that they are being sued. The defendant will then have the time to respond. During this process both sides will go through 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 significant amount of documentation. A lawyer can assist in prepare for trial by arranging expert witnesses and obtaining evidence. They will also be able to assist in calculating damages. They may also submit an offer to the insurance company for an equitable settlement. The insurance company can accept the offer, reject it, or offer a counteroffer. It is important to have an experienced lawyer to ensure your rights are protected and maximize your recovery. A competent lawyer can go through all of the evidence available to ensure that you're being compensated for every loss. They can also assist you to reduce unnecessary costs and track the amount of money you're entitled. If more than one person is at fault for the accident, New York law allows each of them to recover the amount they owe. An experienced attorney can assist with workers' compensation cases. Some 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 testify and help support your case. Depending on the facts of the case, it may be decided out-of-court or at trial.