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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries receive fair compensation. To receive full damages, it's important to record your losses in a meticulous manner. This includes keeping an eye on your medical expenses and out-of-pocket expenses. Economic damages cover your past and future medical expenses and lost wages. It also covers suffering and pain as well as loss of companionship. Statute of Limitations If you've been injured by negligence or a negligent act, you must begin a lawsuit as quickly as you can. Statutes of limitation are legal time limits that protect parties against unnecessary litigation. They prevent claims being filed after the deadline. These limitations of time can differ depending on the state of origin and claim type, and are often subjected to special or limited exemptions. For example in New York, if you want to bring a lawsuit for injuries caused by an auto accident the statute of limitations for these types of cases is three years. The statute of limitations for civil actions that involve negligence is two years. This includes medical malpractice, product liability, and wrongful deaths. A lawyer can assist you in determining the statute of limitations applicable to your case and ensure that the case is filed in time. You Tube can review your case and recommend any possible extensions or waivers of the statute of limitations that apply. You should be aware that even if 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. It is recommended to consult with an attorney about your case as soon as you can and so that he or she can advise you of the options available to you. In the majority of instances, the statute of limitations will expire on the date of the incident that led to your injury. In certain situations, such as exposure to toxic materials or medical malpractice the time limit is not established until you realize, or reasonably could have realized that your injury was result of a negligent act. This is known as the discovery rule. There are also a few instances where the statute of limitations has been “tolled” or suspended, but these situations are very specific to the facts and need to be examined by a knowledgeable personal injury lawyer. If you've been injured because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today for your free consultation. Damages The goal of a personal injury claim is to receive financial compensation from the party responsible 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 compensate you for the costs resulting from your injury, which includes medical expenses, lost income and pain and suffering. Funeral expenses and emotional distress can be incorporated into special damages. If a loved one died because of another's reckless behavior, you can also recover wrongful death damages. To hold the party responsible accountable for your injuries, a court must determine four elements that include breach, duty, damages and causation. To establish the duty the defendant must be under a legal obligation to act responsibly in a specific situation. In the event of a breach of this obligation is referred to as negligence. A breach of this duty is a direct cause of the injury you sustained. The injury must have caused significant damage or serious harm in order to be eligible for damages. A car crash that results in an injury to the hand could cause significant medical expenses and most likely a loss of income. The injury was directly caused by the defendant's negligent or reckless actions. A wrongful death claim might involve the funeral and burial costs for your loved one and emotional trauma that you or your family experienced. Non-financial damage is more difficult to determine. Your lawyer will employ a variety of methods to determine the amount of your pain. Maintaining a log of your pain levels throughout the day and how the injuries affected your mental, physical and emotional health can aid in proving your claim for these damages. Insurance companies tend to undervalue the damages of their clients to avoid paying higher settlements. In rare cases your lawyer can pursue punitive damages, which are meant to punish the responsible party. These damages are only granted when an arbitrator or jury determines the defendant's actions to be particularly obscene. These types 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's actions were motivated by willful or malicious intent, fraud or oppression, or a conscious disregard for 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're awarded for your losses and injuries. In many cases, however, parties agree to settle out of the courtroom. This allows them to save the time and money of a trial. It also allows victims to recover their compensation earlier than they would should they wait for the trial process to be completed. A personal injury settlement includes both economic and non-economic damages. The former include costs such as medical expenses as well as lost wages and property damage. The latter includes aspects such as pain and suffering and the loss of enjoyment. It can be difficult to put a monetary amount on these damages, but an experienced lawyer can help you determine the worth 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 gathered and determine how much they value your claim. You might be required to submit an order letter, along with your evidence and a request for a suitable amount of compensation. The insurer will likely make a counter-offer which is often lower than the amount you request. Your attorney can then negotiate an acceptable settlement with the insurer. If you have an appropriate legal claim, your settlement will generally cover your medical bills as well as other out-of-pocket expenses due to the accident. In some instances your settlement could include a portion of any future treatment that your doctor estimates that you'll 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 usually given to children or spouses who have suffered because of the death of their loved ones due to an accident that was caused by negligence of someone else's. Punitive damages can be awarded if the defendant is found to have been particularly negligent. This type of payment is intended to penalize the defendant and deter others from engaging in reckless behavior. Filing a Lawsuit After contacting an attorney for personal injuries one should begin collecting documentation of their losses. Documents such as medical records, police reports, and insurance policies may be included. Documentation of loss of income or property damage should also be included in the claim. If the parties are unable reach an agreement, the plaintiff's lawyer may make a claim against the defendant. The complaint will outline the plaintiff's version of events, describe how the defendant's actions harmed them, and request relief in the form of monetary compensation. A summons is also filed and handed over to the defendant. This is a notice that they are being sued. The defendant then has a certain amount of time to reply. During this process each side will complete the discovery phase in which each side will investigate the defenses and claims of the other. This could be a lengthy process and could require a great deal of documentation. A lawyer can aid in the preparation for trial by arranging expert witnesses and gathering evidence. They can also to assist in the calculation of damages. They may also submit a demand to the insurance company for an appropriate settlement. The insurance company could accept or decline the offer it, or counter-offer. It is important to have a knowledgeable lawyer to ensure your rights are protected and maximize your payout. An experienced lawyer will comb through all available evidence to verify that you're being paid for every loss. They can also help you eliminate unnecessary expenses and assist you to keep track of all the amount you are entitled to receive. If more than one person is responsible for the accident, New York law allows each of them to recover the amount they owe. A knowledgeable attorney can help with workers claims for compensation. Certain personal injury cases require the assistance of experts in fields like economics, medicine and engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Based on the circumstances of a case, it can be decided outside of court or at trial.