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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries get fair compensation. To be able to claim full damages, it's important to record your losses in a meticulous manner. This includes keeping track of your medical expenses and out of pocket expenses. Economic damages cover the cost of your past and future medical expenses, as well as lost wages. Also covered are the pain and suffering as well as loss of companionship. Statute of Limitations If you've been injured by negligence or a negligent act, you should file a lawsuit as soon as you can. Statutes of limitations are legal restrictions that protect parties from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. The time limitations can differ depending on the state of origin and the type of claim, and are often subjected to limited or special exemptions. In New York, for example when you want to file a lawsuit relating to injuries caused by a car accident the statute of limitations are three years. For civil actions that involve negligence such as medical negligence or product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help determine the statute of limitations applicable to your case and ensure that it is filed on time. An experienced lawyer can also analyze your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to know that even if your statute of limitations has expired you may still have other claims for compensation related to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is recommended to speak with an attorney as soon as you can with regards to your situation, so that they can provide you with the various options that are available. In the majority of instances, your statute of limitations begins to run from the date of the incident that led to your injury. In some instances, like exposure to toxic materials or medical malpractice, the statute of limitation does not begin until you are aware that you should have known, that your injury was caused by a negligent action. This is known as the discovery rule. There are also some instances where the statute of limitations is “tolled” or suspended, but these situations are very specific to the facts and need to be assessed by a competent personal injury lawyer. The attorneys at Littman & Babiarz can assist you if you have been injured due to the negligence of another. Contact us today for your free consultation. Damages The goal of a personal injury lawsuit is to receive financial compensation from the person 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 meant to compensate you for your losses like medical bills, lost wages, and discomfort and pain. Funeral expenses and emotional stress can be incorporated into special damages. If your loved one has died because of reckless behavior by another, you may be able to claim wrongful death damage. A court must establish four factors to find the responsible party liable for your injuries such as breach of duty, causation and damages. To establish a defendant's duty to be legally bound to behave responsibly in the specific situation. Negligence is the inability to fulfill this duty. A breach of this obligation is a direct cause for the injury you suffered. To be able to claim damages the injury must have caused significant damage or injury. A car accident that causes an injured hand could cause significant medical expenses and, most likely, the loss of income. The defendant's reckless or careless actions directly contributed to the injury. A claim for wrongful death could include funeral and burial expenses for your loved one and emotional pain that you or your family experienced. Non-financial damages are more difficult to determine. Your lawyer will employ different methods to calculate the worth of your pain and suffering. Keep a record of your pain levels throughout the day and how your injuries have affected your mental, physical and emotional well-being could aid in proving your claim for these damages. Many insurance companies undervalue these damages to avoid paying higher settlements. In rare cases you may be able to obtain punitive damages to punish the negligent party. These damages are only available when jurors or judges believe that the defendant's conduct was especially outrageous. This type of compensation is typically awarded in cases of drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. To receive these additional damages your lawyer must demonstrate that the defendant acted with malice, willful or fraud, as well as oppression or with a lack of awareness of the consequences of his or her actions. Settlements The amount you receive for your injuries depends on how your case will be decided. If your case goes to trial, a jury will determine how much to award you for your injuries and losses. In many cases parties, however, they agree to settle out of court. They can avoid the time and expense of an in-court trial. Additionally, it allows victims to recover their compensation earlier than should they wait for the trial to conclude. A personal injury settlement can include both economic and non-economic damages. The former covers expenses like medical costs as well as lost wages and property damage. The latter include things like suffering, pain and loss of enjoyment of your life. It isn't always easy to put a monetary amount on these damages, however an experienced lawyer 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 look over the evidence you've amassed and determine how they will consider your claim. You may be required to provide an official letter of demand along with the evidence you have provided and an offer for a reasonable amount of compensation. Most likely, you will receive a counter-offer from the insurer, which is usually lower than what you requested. Your attorney will 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 associated with your accident. In some cases the settlement could also include compensation for any future treatment your doctor estimates that 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 usually given to children or spouses who suffered as a result of the death of their loved ones due to an accident that was caused by someone else's negligence. You may also receive punitive damages if the defendant is found to be negligent in particular. This kind of compensation is designed to punish the defendant and discourage others from engaging in similar reckless actions. Filing a Lawsuit After contacting an attorney for personal injuries, a person should begin accumulating evidence of their losses. This can include documents such as medical records, police reports and insurance policies. Documentation of loss of income or property damage should be included in a claim. If the parties cannot reach a settlement, the plaintiff's attorney may file an action against the defendant. The complaint will outline the claimant's account, explain the actions of the defendant, and request for monetary compensation. A summons is also filed and personally served on the defendant as a notice that they are being accused of a crime. The defendant is given a certain time frame in which to respond. In this phase the parties will go through the discovery process, where they investigate the defenses and claims of the other side. This can take a significant amount of time, and will likely involve a lot of documents. A lawyer can help to prepare for trial by arranging expert witnesses and collecting evidence. They can also assist in calculating damages. They may also submit a demand to the insurance company for an appropriate settlement. The insurance company can accept the offer, decline it or make a counteroffer. It is vital to have an attorney who is familiar with the law in order to protect your rights and maximize the amount of compensation you receive. youtube.com will be able to go through all the evidence to ensure that your losses are compensated. They can also assist you to eliminate unnecessary costs and track the amount of money you're entitled. If more than one person is liable for the accident, New York law allows each of them to recover for their part of the responsibility. An experienced attorney can help with workers' compensation cases. Some personal injury cases require the involvement of experts in fields like economics, medicine and engineering. Your lawyer can assist you in locating experts who can provide testimony to support your case. Based on the circumstances, certain cases might go to trial while others settle out of the court.