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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist injured victims to receive fair compensation. The process of documenting your losses is vital for obtaining full damages. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages are 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 by negligence or a negligent action, you should begin a lawsuit as quickly as you can. St. Joseph of limitation are legal time limitations that protect the parties from unnecessary litigation. They prevent claims from being filed after the deadline. The time limitations can differ depending on the state and the type of claim and are usually subject to specific or limited exemptions. In New York, for example, if you wish to bring a lawsuit against injuries caused by a car accident, the statutes of limitations are three years. The time limit for civil actions that involve negligence is two years. This includes medical negligence, product liability and the wrongful death of a person. A lawyer can help determine the statute of limitation applicable to your case, and ensure that it is filed in time. A lawyer with experience can review your case to determine if there are any extensions or waivers that could be available. It is important to remember that even if the statute of limitations has run out but you might still be able to file additional claims for compensation that relate to your injuries, including workers compensation or Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your situation, so they can inform you of the various options that are available. In the majority of instances, the statute of limitations will begin running from the date of the incident that caused you injury. In some situations, like exposure to toxic substances or medical malpractice the limitation period does not begin until you realize or could have realized that your injury is caused by a negligent act. This is known as the discovery rule. There are also exceptional situations where the statute of limitations has been “tolled” or suspended, but these cases are highly fact-specific and must be examined by a knowledgeable personal injury lawyer. If you've suffered injury because of someone else's negligent behavior, the lawyers at Littman & Babiarz can help. Contact us today to arrange an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. 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 the costs resulting from your injury, such as 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 because of another's reckless behavior you may also be able to recover damages for wrongful death. To hold the party responsible accountable for your injuries the court must establish four elements: duty, breach, causation and damages. To establish the duty the defendant must be under a legal obligation to behave responsibly in a specific situation. Negligence is the inability to fulfill this obligation. A breach of this duty is a direct cause of the injury you suffered. To be able to claim damages the injury must have caused serious harm or significant damage. A car crash that results in a severed hand would cause significant medical expenses and most likely the loss of income. The defendant's careless or reckless actions directly contributed to the injury. The wrongful death claim can include funeral and burial expenses for your loved one as well as emotional stress you or your family have endured. Non-financial damages are more difficult to determine. Your attorney will employ different methods to calculate the value of your pain and suffering. Maintaining a log of your pain levels throughout the day and how the injuries affected your physical, mental and emotional well-being could aid in proving your claim for these damages. Many insurance companies underestimate the value of these damages to avoid paying higher settlements. In some rare instances you may be able to seek punitive damages to punish the negligent party. The damages can only be granted when the judge or jury finds the defendant's conduct to be particularly outrageous. This type of compensation is usually awarded in cases of drunk driving accidents, deliberate or malicious acts, as well as nursing home abuse. In order to receive these additional damages, you must demonstrate to your lawyer that the defendant acted with malice, willfulness, or oppression or a conscious indifference towards the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation you receive. If your claim is tried by a jury, the jury will decide the amount you're awarded for your injuries and losses. In a lot of cases parties, however to settle outside of court. This means they can avoid the time and cost of a trial. Additionally, it allows victims to collect their compensation sooner than have if they waited for the trial process to be completed. A personal injury settlement covers both economic and non-economic damages. The former include costs like medical expenses, lost wages and property damage. The latter include things like pain and suffering and the loss of enjoyment of life. It can be difficult to determine a dollar amount on these damages, but an experienced attorney can assist you in determining the worth of your injuries. Insurance companies typically offer settlements to settle your claim before it goes to trial. They will examine the evidence that you have amassed and determine how they consider your claim. You may be required to submit an order letter, along with the evidence you have provided and a request for a suitable compensation amount. The insurer is likely to make a counter-offer which is often less than the amount you requested. Your attorney can then negotiate an equitable settlement with the insurance company. If you have a valid claim the settlement will pay the cost of your medical treatment and other expenses out of pocket related to the accident. In some cases the settlement could also include a portion of any future treatment that your doctor predicts you will require as a result. 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 awarded to spouses and children who are suffering because of the loss of a loved one due to an accident caused by someone else's negligence. Punitive damages are possible if the defendant is found to have been negligent. This kind of payment is intended to punish the defendant and discourage others from engaging in reckless conduct. Filing an action Once a person has contacted an attorney for personal injury and has been advised to collect evidence of their losses. Documents like medical records, police reports, and insurance policies may be included. Include documentation of property damage or lost income in your claim. If the parties are unable to reach an agreement the lawyer for the plaintiff may file a suit against the defendant. The complaint will provide the claimant's version, describe the actions of the defendant and request for monetary compensation. A summons is also filed and personally handed over to the defendant. It is a notification that they are being sued. The defendant is given a certain amount of time in which to respond. In this phase the parties will go through the discovery process, where they look into the claims and defenses of the other party. This could be a lengthy process and may involve lots of documents. A lawyer can aid in the preparation for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They may also submit a demand to the insurance company for an equitable settlement. The insurance company can accept or decline the offer it or make a counteroffer. It is essential to have an attorney who is knowledgeable of the law in order to protect your rights and maximize your recovery. The right attorney will be able to look through all the evidence to ensure that your losses are compensated. They can also help you eliminate unnecessary costs and track the money you're entitled to. If more than one person is liable for the accident, New York law allows each one of them to claim for their share of responsibility. A skilled lawyer can also assist with workers' compensation claims. Certain personal injury cases require the use of experts in areas such as economics, medicine and engineering. Your lawyer will assist you in selecting a specialist who can testify to back your case. Depending on the circumstances, certain cases may be tried in court, while others settle out of court.