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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help injured victims get fair compensation. The process of documenting your losses is vital for obtaining full damages. This includes keeping an eye on your medical treatment and out-of-pocket expenses. Economic damages cover the costs of your past and future medical expenses and lost wages. Also, it covers the pain and suffering you endured and the loss of companionship. Statute of Limitations If you've been injured by negligence or a negligent act, you must start a lawsuit as soon as possible. Statutes of limitations are legal restrictions that protect parties from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. These limitations of time can differ according to the state and claim type and are typically subject to special or limited exemptions. In New York, for example for instance, if you want to file a lawsuit relating to injuries sustained in a car accident, the statutes of limitations are three years. The time limit for civil actions involving negligence is two years. This includes medical malpractice, product liability, and the wrongful death of a person. A lawyer can help you determine the statute of limitations that applies to your case and ensure it is filed in a timely manner. A lawyer with experience can review 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 is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your case, so that they can inform you of the options available. In most cases, the statute of limitations begins to run from the date of the incident that led to your injury. However, in certain situations like exposure to toxic substances or medical malpractice, the statute of limitations does not start to run until you have realized or reasonably should have realized that your injury was caused by a negligent act. This is called the discovery rule. There are also exceptional situations where the statute of limitations has been “tolled” or suspended, however these circumstances are extremely specific and should be assessed by a competent personal injury lawyer. If you've suffered injury because of someone else's negligent actions, the attorneys at Littman & Babiarz can help. Contact us for an appointment for a free consultation. YouTube of a personal injury lawsuit is to get financial compensation from the party accountable for your injury. Damages is the legal term used to describe this. There are two types of damages, general and special. General damages are meant to pay for the losses you have suffered like medical bills, lost wages, and discomfort and pain. Funeral expenses and emotional distress may be included in special damages. If your loved one died due to reckless conduct by another person, you could be able to recover the cost of wrongful death. To hold the responsible party accountable for your injury, a court must establish four elements which are breach, duty, damages and causation. To establish a duty the defendant must be under an obligation under law to act responsibly in a particular situation. Failure to meet this obligation is known as negligence. The injury you suffered is directly caused by a breach of this obligation. To be eligible for damages, the injury must have caused severe damage or injury. A car accident that causes a severed hand would result in substantial medical costs, and most likely a loss of income. The defendant's reckless or careless actions directly contributed to the injury. The wrongful death claim could include funeral and burial costs for your loved one, and emotional pain you or your family members have suffered. Non-financial damages are harder to determine. Your attorney will employ various methods to calculate the value of your pain and suffering. Keep a record of your daily pain levels and how the injuries have affected your physical, mental and emotional well-being could aid in your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying higher settlements. In rare cases, you can seek punitive damages to punish the negligent party. The damages can only be awarded when the judge or jury finds the defendant's behavior to be particularly obscene. This type of compensation is typically awarded in cases involving drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. In order to receive these additional damages, you must prove to your lawyer that the defendant acted with willful or malicious intent, fraud or oppression, or a conscious indifference towards the consequences of their actions. Settlements The amount you receive for your injuries depends on how your case will be decided. If your case is heard in court, a jury will decide the amount you will be awarded for your injuries and losses. In many cases the parties will agree to settle out of court. This lets them avoid the time and expense of a trial. It also allows victims to collect their compensation earlier than have if they waited for the trial to be completed. A personal injury settlement can include both economic and non-economic damages. The former includes costs such as medical expenses, lost wages, and property damage. The latter include aspects such as suffering and pain, as well as the loss of enjoyment. It isn't always easy to quantify the value on these damages, however an experienced lawyer can help you determine the worth of your injuries. Insurance companies typically offer an agreement to settle your claim before it goes to trial. They will examine the evidence you've gathered and decide what they believe your claim is worth. You may need to submit an official demand letter that includes your evidence and an offer for a suitable compensation amount. The insurance company will likely make a counter-offer which is often lower than your requested amount. Your attorney will then negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have an appropriate claim the settlement will cover your medical expenses and other expenses out of pocket due to your accident. In certain instances, your settlement will also include compensation for any future treatment that your doctor predicts you will need due to 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 granted to spouses and children who have suffered as a result of the death of a loved one in an accident caused by another person's negligence. You may also receive punitive damages if the defendant is found to be particularly negligent. This type of compensation is intended to punish the defendant and deter others from engaging in reckless behavior. Filing a Lawsuit Once someone has contacted a personal injury lawyer the next step is to collect evidence of their losses. Documents like medical records, police reports, and insurance policies can be included. Include documentation of damage to your property or lost income in your claim. If the parties fail to reach a settlement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can bring a lawsuit against the defendant. The complaint will outline the claimant's account of the events, explain how the defendant's actions harmed them and ask for relief in the form of financial compensation. A summons will also be filed and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant is given a certain timeframe to respond. During this process each side will complete the discovery phase where each side investigates the other's claims and defenses. This can take a significant amount of time and will likely require a significant amount of documents. A lawyer can help in making preparations for trial by organizing expert witnesses and gathering evidence. They will also be able to assist in the calculation of damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company could accept the offer, reject it, or counter-offer. It is crucial to hire an attorney who is knowledgeable of the law in order to protect your rights and maximize your recovery. A good lawyer will be able to go through all the evidence to confirm that your losses are being compensated. They can also help you cut out unnecessary expenses and keep track of the amount you're entitled to. New York law allows for each person to be compensated for their share of the blame if more than one person is responsible for an accident. A knowledgeable attorney can assist in workers' compensation cases. Some personal injury cases may require experts from areas like medicine, economics, and engineering. Your lawyer will help you select an expert who can testify to back your case. Depending on the situation, some cases may go to trial, while others will settle out of the court.