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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. To receive full damages, it is important to document your losses carefully. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages cover the cost of your current and future medical expenses and lost wages. It also covers your pain and suffering, as well as the loss of companionship. Statute of limitations If you've been injured by the negligence of someone else or by a wrongful act, you must begin a lawsuit as quickly as possible. Statutes of limitation are legal time restrictions which protect the parties from unnecessary litigation. They prevent claims from being filed after the deadline. These limitations are different for each state and type of claim, and they are often subject to special or limited exceptions. In New York, for example for instance, if you want to bring a lawsuit against injuries that result from a car crash the statutes of limitation are three years. For other civil actions involving negligence, such as medical malpractice, product liability and wrongful death the statute of limitation is two years. A lawyer can help determine the statute of limitation that applies to your case and ensure that it is filed on time. An experienced lawyer will review your case and recommend any possible extensions or waivers of the statute of limitations that are in effect. It is important to remember 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, such as workers compensation or Social Security disability benefits. It is advisable to speak with an attorney as soon as you can about your case, so that they can advise you of the various options that are available. In the majority of cases, your statute of limitations begins to run on the date of the underlying incident that led to your injury. However, in certain circumstances such as exposure to toxic substances or medical malpractice the statute of limitations will not start to run until you realize or reasonably should have realized that your injury was caused by the negligent act. This is referred to as the discovery rule. There are also some rare circumstances when the statute of limitations has been “tolled” or suspended, but these cases are highly fact-specific and must be assessed by a competent personal injury lawyer. Littman & Babiarz's attorneys can help you if you have been injured due to an unintentional act of another. Contact us to schedule a free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. The legal term for this is “damages.” There are two types of damages: general and special. General damages are intended to provide you with compensation for your losses such as medical expenses, lost wages, and discomfort and pain. Special damages can include funeral costs as well as emotional stress. If a loved one died due to the reckless conduct of another you may also be entitled to wrongful death damages. A court must establish four factors to find the responsible party liable for your injury: duty, breach of duty, causation and damages. To establish a defendant's obligation, they must be legally bound to act responsibly in the particular circumstance. A failure to fulfill this obligation is referred to as negligence. A breach of this obligation is a direct cause of the injury you sustained. To be eligible for damages, the injury must have caused serious damage or injury. For instance, a car accident that resulted in a severed arm would have substantial medical expenses, and most likely a loss of wages. The defendant's reckless or negligent actions directly contributed to the injury. The wrongful death claim may include funeral and burial expenses for your loved one, as well as emotional distress you or your family members have endured. Non-financial damage is more difficult to calculate. Your attorney will employ different methods to determine the value of your pain. Keep a journal to record your daily pain level and how your injuries have affected you mentally physical, emotionally, and physically. This will help prove your case. Insurance companies tend to undervalue these damages to avoid paying higher settlements. In rare instances your lawyer can seek punitive damages, which are designed to penalize the party who was negligent. These damages are only available when jurors or judges believe that the conduct of the defendant was particularly outrageous. These kinds of compensation are typically awarded in the case of drunk driving accidents, malicious or intentional actions, or nursing facility abuse. In order to receive these additional damages, you must demonstrate 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 The amount of compensation you receive for your injuries depends on how your case is resolved. If your claim is tried, a jury will determine the amount you're awarded for your losses and injuries. In many cases the parties will reach an agreement to settle out of court. They are able to avoid the lengthy and cost of an in-court trial. This means that victims can get their compensation sooner than those who had to wait for the trial to be concluded. A personal injury settlement includes both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter include aspects such as suffering and pain, as well as the loss of enjoyment of life. Calculating a dollar value for these damages can be difficult, but an attorney can help you determine the value of your injuries. Typically, an insurance company will usually offer a settlement before your case goes to trial. They will examine the evidence you have collected and determine how much they value your claim. You may be required to provide an official letter of demand along with the evidence you have provided and a request for a suitable compensation amount. The insurer is likely to send you a counter-offer, that is typically lower than your requested amount. Your attorney can then negotiate with the insurer to reach an acceptable settlement for your injuries. If you have a valid claim the settlement will cover your medical expenses as well as other out-of-pocket expenses due to the accident. In some instances your settlement could include compensation for any future treatment that your doctor predicts you'll require due to the. In some cases, a settlement will include loss of consortium/companionship compensation if your injury led to the loss of a loved one. Springfield of compensation is usually awarded to spouses and children who are suffering because of the death of a loved one due to an accident caused by another's negligence. You could also be awarded punitive damages if you were found to be negligent in particular. This kind of compensation is intended to penalize the defendant and to discourage others from engaging in reckless conduct. Filing a Lawsuit Once a person has contacted an attorney for personal injuries and has been advised to gather documentation of their losses. Documents such as medical records, police reports, and insurance policies can be included. Documentation of lost income or property damage should also be included in a claim. If the parties are unable to reach an agreement, the plaintiff's lawyer may make a claim against the defendant. The complaint will outline the claimant'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 handed over to the defendant. It is a notification that they are being accused of a crime. The defendant is then given a certain amount of time to respond. In this process both sides will go through the discovery phase, where each party investigates the other's claims and defenses. It can be a long process and may involve a great deal of documentation. A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They are also able to assist in the calculation of damages. They can also demand a fair settlement from the insurance company. The insurance company could accept, deny or counteroffer the offer. It is important to have a knowledgeable lawyer to ensure your rights are protected and maximize your payout. The right attorney can comb through all the available evidence to verify that you're being compensated for each loss. 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 responsible for the accident, New York law allows each one of them to claim for their share of responsibility. A knowledgeable attorney can assist with workers compensation cases. Certain personal injury cases require the involvement of experts in areas such as medicine, economics and engineering. Your lawyer will assist you in selecting experts who can provide testimony to support your case. Depending on the specifics of a case, it can be resolved outside of court or at trial.