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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims get fair compensation. In order to receive the full amount of damages, it's important to record your losses in a meticulous manner. 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, as well as lost wages. It also covers pain and suffering and loss of companionship. Statute of Limitations If you've suffered an injury by a negligent negligence or action, it is important that you act quickly and make a personal injury claim before the statute of limitations runs out. Statutes of limitations are legal limitations that protect parties from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. These limitations are different for each state and claim type and they are often restricted to certain or specific exceptions. In New York, for example when you want to bring a lawsuit against injuries sustained in a car accident, the statutes of limitations are three years. For other civil actions that involve negligence like medical malpractice or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can assist you determine the statute of limitations that applies to your case and ensure that it is filed on time. An experienced lawyer can also review your case and recommend any possible extensions or waivers of the statute of limitations in your case. You should be aware that even if your statute of limitations has expired you may still have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is recommended to consult with an attorney regarding your case as soon as possible and so that he or she can advise you of all options. In most cases, the statute of limitations begins to run on the date of the underlying incident that caused your injury. In some instances, like exposure to toxic materials or medical malpractice the statute of limitation is not set until you are aware, or reasonably should have known, that your injury was caused by a negligent act. This is referred to as the discovery rule. There are rare circumstances in which the statute of limitations is “tolled”, or suspended. These cases are factual and require a skilled personal injury lawyer to evaluate. Our lawyers at Littman & Babarz can assist you if were injured as a result of another person's wrongful behavior. Contact us today to arrange a free consultation. Damages A personal injury claim seeks financial compensation from the party who is responsible for your injury. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are intended to compensate you for the costs resulting from your injury, such as medical bills, lost income, and pain and suffering. Funeral costs and emotional distress can be incorporated into special damages. If your loved one passed away due to reckless behavior by another, you may be able recover the cost of wrongful death. To hold the party responsible accountable for your injury, a court must establish four elements: duty, breach, causation and damages. To establish a defendant's obligation to act responsibly, they must be legally bound to behave responsibly in the specific circumstance. You Tube is the failure to meet this obligation. The injury you suffered is directly caused by a breach of this duty. The injury must have caused significant damage or serious injury to qualify for damages. For instance a car crash which resulted in a fractured arm could result in substantial medical costs and likely an interruption in wages. The injury was directly caused by the defendant's negligent or reckless actions. The wrongful death claim could include funeral and burial expenses for your loved one as well as emotional distress you or your family members have endured. Non-financial damages can be more difficult to calculate. Your lawyer will employ a variety of methods to determine the value of your pain. Maintaining a log of your pain levels throughout the day and how your injuries have affected your physical, mental and emotional health can aid in proving your claim for these damages. Many insurance companies undervalue the damages in order to avoid paying larger settlements. In rare instances your lawyer can pursue punitive damages. These are intended to punish the responsible party. These damages are only available when the judge or jury believes that the defendant's behavior was particularly obscene. This kind of compensation is typically awarded in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. To be eligible for these additional damages, you need to demonstrate to your lawyer that the defendant acted with willful or malicious intent, fraud or oppression, or a conscious disregard for the consequences of their actions. Settlements The amount you receive for your injuries will depend on how your case will be resolved. If your case goes to trial, a jury will determine how much they will pay you for your losses and injuries. In a lot of cases parties, however, they agree to settle outside of court. This means they can avoid the time and expense of a trial. This allows victims to receive their compensation earlier than if they had to wait for the trial to be concluded. A personal injury settlement covers both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter includes aspects like suffering and pain, as well as the loss of enjoyment of life. It can be difficult to determine a dollar amount on these damages, but an experienced attorney can help you determine the value of your injuries. Insurance companies usually offer settlements to settle your case prior to it goes to trial. They will review the evidence you've collected and determine what they feel your claim is worth. You may need to submit an offer letter, which includes your evidence and a request for the appropriate compensation amount. The insurer will likely offer you a counter-offer which is usually lower than the amount you request. Your attorney can then negotiate an equitable settlement with the insurer. If you have a valid claim the settlement will pay your medical expenses as well as other out-of-pocket expenses related to the accident. In certain cases the settlement could also include a portion of any future treatment your doctor believes 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 granted to children or spouses who suffered as a result of the death of their loved one as a result an accident that was caused by the negligence of another. You could also be eligible for punitive damages if you were found to be particularly negligent. This type of payment is intended to penalize the defendant and to discourage others from engaging in reckless conduct. Filing an action After contacting an attorney for personal injuries, a person should begin accumulating evidence of their losses. Documents such as medical records, police reports and insurance policies could be included. Include documentation of property damage or lost income in your claim. If the parties are unable to reach a settlement the lawyer for the plaintiff may file a suit 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 of monetary compensation. A summons is also issued and personally served on the defendant and serves as a notice that they are being accused of a crime. 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 side. This can take a significant amount of time and will likely require a significant amount of documentation. A lawyer can help prepare for trial by arranging experts to testify and gathering evidence. They can also help calculate damages. They can also make an offer to the insurance company for an equitable settlement. The insurance company can accept, reject or counteroffer the offer. It is important to have a knowledgeable lawyer to protect your rights and maximize your payout. The right attorney can comb through all available evidence to confirm that you're being paid for every loss. They can also help you eliminate unnecessary expenses and assist you to keep track of the funds you are entitled receive. If more than one person is responsible for the accident, New York law allows each of them to recover for their share of responsibility. A skilled attorney can also help with workers' compensation cases. Some personal injury cases require the use of experts in fields such as economics, medicine and engineering. Your lawyer can assist you in locating a specialist who will be able to provide evidence to help your case. Depending on the facts of a case, it could be decided out-of-court or in a trial.