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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can help injured victims win fair compensation. It is crucial to document your losses to receive the full amount of damages. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages include the cost of your past and future medical expenses and lost wages. Also covered are suffering and pain and loss of companionship. Statute of limitations If you have been injured due to another person's wrongful act or negligence it is imperative to act quickly and file a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time limits that protect parties against unnecessary litigation. They stop claims from being filed after the deadline. These time limits vary by state and type of claim and they are often subject to special or limited exceptions. For example, in New York, if you want to file a lawsuit over injuries sustained in an auto accident the statute of limitation for these kinds of cases is three years. The time limit for civil actions that involve negligence is two years. This includes medical negligence, product liability, and wrongful deaths. A lawyer can help determine the statute of limitations that applies to your case and ensure that it is filed in a timely manner. An experienced lawyer can examine your case to determine if there are extensions or waivers that may be available. It is important to note that even when the statute of limitations has run out however, you may be able to file additional claims for compensation that relate to your injuries, like workers' compensation or Social Security disability benefits. However, it is best to consult with an attorney about your case as soon as you can and so that he or she can inform you of all options. In most cases, your statute of limitations will expire on the date of the incident that caused you injury. However, in some situations, such as exposure to harmful substances or medical malpractice, the statute of limitations does not begin to run until you realize or should have known that your injury was caused by a negligent act. This is referred to as the discovery rule. There are also a few exceptional situations where the statute of limitations has been “tolled” or suspended, but these situations are highly fact-specific and must be analyzed by a skilled personal injury lawyer. Littman & Babiarz's attorneys can help you if you were injured as a result of an unintentional act of another. Contact us today for your free consultation. Damages The purpose of a personal injury claim is to receive financial compensation from the person accountable for your injuries. The legal term for this is “damages.” There are two groups of damages: general and special. General damages are designed to pay for the losses you have suffered, such as medical bills or lost wages, as well as discomfort and pain. Special damages may include funeral expenses and emotional stress. If a loved one passed away due to the reckless conduct of another you may also be able to recover wrongful death damages. A court must establish four elements to find the responsible party liable for your injuries: duty, breach of duty, causation, and damages. To establish the duty, the defendant must have an obligation under law to act responsibly in a specific situation. Negligence is the failure to perform this obligation. The injury you suffered was directly caused by a breach of this duty. To be eligible for damages the injury must have caused significant harm or significant damage. For instance a car crash that caused a broken arm would have substantial medical expenses, and most likely an interruption in wages. The injury was directly caused by the defendant's careless or reckless actions. The wrongful death claim could include funeral and burial expenses for your loved one as well as emotional stress you or your family have endured. Non-financial damages can be more difficult to determine. Your attorney will use various methods to calculate the value of your suffering and pain. Keep a diary to document your daily pain level as well as how your injuries affect you mentally, physically, and emotionally. This will help support your claim. Many insurance companies undervalue the damages to avoid paying higher settlements. In rare cases you may be able to seek punitive damages to punish the responsible party. The damages can only be granted when the judge or jury finds the defendant's conduct to be outrageous. This kind of compensation is typically awarded in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. In order to receive these additional damages, you must prove to your lawyer that the defendant's actions were motivated by malice or wantonness, fraud or oppression or an avowed disregard for the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation you will receive. If your claim goes to trial, a jury will decide how much to award you for your losses and injuries. In a lot of cases parties, however, they agree to settle their claims outside of the courtroom. They are able to avoid the time and expense of an in-court trial. This allows victims to get their compensation sooner than the time they would have to wait for the trial to be concluded. 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 things such as pain, suffering and loss of enjoyment of your 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 will usually offer settlements to settle your case prior to it goes to trial. They will look over the evidence that you have amassed and determine how they consider your claim. You might be required to submit an order letter, along with your evidence and an offer for a reasonable compensation amount. You'll likely receive a counter-offer from the insurer, which is typically lower than what you requested. Your lawyer can negotiate with the insurance company to negotiate a fair 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 due to your accident. In some instances your settlement could include compensation for any future treatment your doctor predicts you will require as a result of the. 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 have suffered because of the death of their loved one as a result an accident caused by negligence of someone else's. Punitive damages are possible in the event that the defendant is determined to have been particularly negligent. This kind of compensation is intended to punish the defendant, and deter others from engaging in reckless behavior. Filing a Lawsuit Once someone has contacted an attorney for personal injuries the next step is to gather documentation of their losses. Documents like medical records, police reports and insurance policies can be included. Documentation of loss of income or property damage should be included in an insurance claim. If the parties cannot agree on an agreement the attorney for the plaintiff may start an action against the defendant. The complaint will detail the claimant's version, describe the defendant's actions and ask for the amount of compensation. official site will also be issued and personally served on the defendant as a notice that they are being accused of a crime. The defendant then has the time to respond. During this stage the parties will go through the discovery process where they investigate the defenses and claims of the other party. This can take a significant amount of time and likely require a lot of documents. A lawyer can assist in prepare for trial by arranging expert witnesses and obtaining evidence. They will also be able to assist in the calculation of 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 offer a counteroffer. It is essential to have an attorney who is familiar with the law to safeguard your rights and maximize your recovery. The right attorney can comb through all available evidence to verify that you are paid for every loss. They can also weed out unnecessary expenses and help you to keep track of the money you are entitled to receive. If more than one person is responsible for the accident, New York law allows each one of them to claim the amount they owe. An experienced attorney can assist with workers' compensation cases. Some personal injury cases may require experts from areas like economics, medicine, and engineering. Your lawyer will assist you choose a qualified expert to provide testimony and support your case. Depending on the circumstances of the case, it may be resolved outside of court or in a trial.