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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist victims of injuries to obtain fair compensation. It is crucial to document your losses for obtaining full damages. Keep track of all medical expenses and out-of pocket costs. Economic damages are the costs of your past and future medical expenses as well as lost wages. Also covered are the pain and suffering as well as loss of companionship. Statute of Limitations If you have been injured due to another person's wrongful action or negligence, it is important that you act quickly and file a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time limitations that protect parties from unnecessary litigation by preventing claims filed after the deadline has been met. The time limitations vary by state and claim type and they are often subject to special or limited exceptions. In New York, for example, if you wish to file a lawsuit relating to injuries that result from a car crash, the statutes of limitations are three years. The statute of limitations for civil actions involving negligence is two years. This includes medical negligence, product liability, and the wrongful death of a person. A lawyer can assist you determine the statute of limitations that applies to your particular case and ensure that it is filed in a timely manner. An experienced lawyer will examine your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. You should be aware that even the time your statute of limitations has passed, you could have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is advised to speak with an attorney about your case as soon as possible, so that they can inform you of the options available to you. In most instances, the statute of limitations starts to run from the date of the incident that led to your injury. However, in certain situations such as exposure to harmful substances or medical malpractice, the statute of limitations does not begin to run until you have realized or ought to have realized that your injury was caused by a negligent action. This is called the discovery rule. There are also a few instances where the statute of limitations is “tolled” or suspended, but these cases are very specific to the facts and need to be examined by a knowledgeable personal injury lawyer. If you have been hurt by someone else's reckless behavior, the lawyers at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The goal of a personal injury lawsuit is to obtain financial compensation from the person responsible for your injury. The legal term for this is “damages.” There are two groups of damages: general and special. General damages are designed to pay for the losses you have suffered such as medical expenses, lost wages, and pain and discomfort. Funeral costs and emotional distress could be included in the special damages. If your loved one has died due to the reckless conduct of another you may also be entitled to damages for the wrongful death. To hold the party responsible accountable for your injuries the court must establish four elements that include breach, 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 failure to meet this duty. A breach of this duty is the direct cause of the injury you suffered. To be eligible for damages the injury must have caused serious harm or caused significant damage. For instance an accident in a car that caused a broken arm would have substantial medical expenses, and most likely a loss of wages. The defendant's reckless or careless actions directly contributed to the injury. A wrongful death claim could involve the funeral and burial costs for your loved one, as well as the emotional distress that your family or you suffered. The non-financial damages are more difficult to calculate. Your lawyer will employ a variety of methods to calculate the worth of your suffering and pain. Maintaining a log of your daily pain levels and how your injuries have affected your physical, mental and emotional well-being could aid in your claim for these damages. Insurance companies tend to undervalue the damages of their clients to avoid paying more settlements. In some rare instances you may be able to obtain punitive damages to punish the negligent party. These damages are only available if a judge or jury feels that the defendant's conduct was especially outrageous. These kinds of compensation are typically awarded in the case of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To receive these additional damages the lawyer must prove that the defendant acted with malice, wantonness or fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements How your case is decided will determine the amount of compensation that you will receive. If your claim goes to trial the jury will decide how much they will award you for your injuries and losses. In many cases the parties will reach an agreement to settle their dispute outside of court. This allows them to avoid the time and cost of a trial. It also allows victims to receive their compensation earlier than they would should they wait for the trial to complete. The settlement for personal injuries will include both economic and other damages. The former include costs like 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. Insurance companies will usually offer a settlement to settle your case prior to it goes to trial. They will review the evidence you have amassed and determine how they will consider your claim. You might be required to submit an order letter, along with the evidence you have provided and an offer for a reasonable amount of compensation. Most likely, you will receive a counter-offer from your insurer, which is typically less than what you asked for. Your attorney can then negotiate a fair settlement with the insurance company. If you have an appropriate legal claim, the settlement will typically cover medical expenses and other out-of-pocket expenses related to the accident. In certain cases the settlement could also include compensation for any future treatment that your doctor estimates that you will require as a result of 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 type of compensation is typically given to children and spouses who suffer because of the death of a loved one during an accident caused by another's negligence. Punitive damages can be awarded in the event that the defendant is determined to have been negligent. This type of payment is designed to penalize the defendant and deter others from engaging in similar reckless actions. Filing a Lawsuit After a person has spoken with an attorney for personal injury the next step is collecting evidence of their losses. This can include documents such as medical records, police reports and insurance policies. Documentation of lost income or property damage should also be included in the claim. If the parties are unable reach an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can make a claim 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 monetary compensation. A summons is also filed and delivered to the defendant. It is a notification that they are being accused of a crime. The defendant is given a certain timeframe to respond. In this phase, both parties will complete the discovery process in which they look into the defenses and claims of the other party. This could take a considerable amount of time, and will likely require a lot of documentation. A lawyer can help to prepare for trial by arranging expert witnesses and collecting evidence. YouTube can also to assist in the calculation of damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company may accept the offer, decline it or make a counteroffer. It is essential to have an attorney who knows the law to protect your rights and maximize your recovery. A good lawyer will be able to go through all the evidence available to confirm that your losses are compensated. They can also help you eliminate unnecessary costs and track the amount of money you're entitled. If more than one person is responsible for the accident, New York law allows each one of them to claim for their part of the responsibility. A knowledgeable attorney can help with workers claims for compensation. Certain personal injury cases could require experts from fields like economics, medicine, or engineering. Your lawyer will assist you choose a qualified expert to provide testimony and support your case. Based on the circumstances of a case, it may be decided outside of court or in a trial.