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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. To be able to claim full damages, it is essential to document your losses carefully. Keep an eye on all medical expenses and out-of pocket costs. Economic damages include the costs of your past and future medical expenses, as well as lost wages. Also covered are pain and suffering and loss of companionship. Statute of limitations If you've been injured by someone else's negligence or wrongful act, you should start a lawsuit as soon as you can. Statutes of limitation are legal time limits that safeguard parties from unnecessary litigation. They prevent claims from being filed after the deadline. These limitations are different for each state and type of claim and are usually subject to specific or limited exceptions. In New York, for example, if you wish to bring a lawsuit against injuries that result from a car crash the statute of limitations are three years. For other 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 you determine the statute of limitation that applies to your case and ensure that the case is filed in time. Reading injury lawyer can examine your case to determine if there are extensions or waivers that could be available. It is important to know that even if your statute of limitations is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to speak an attorney about your case as soon as possible to ensure that he or she can advise you of the options available to you. In the majority of cases, your statute of limitations will begin running from the date of the incident that led to your injury. However, in certain situations like exposure to harmful substances or medical negligence, the statute of limitations does not start to run until you have realized or should have known that your injury was caused by the negligent act. This is called the discovery rule. There are also some rare circumstances when the statute of limitations is “tolled” or suspended, but these cases are very specific to the facts and need to be assessed by a competent personal injury lawyer. If you have been hurt by someone else's reckless conduct, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The purpose of a personal injury lawsuit is to obtain financial compensation from the person accountable for your injury. The legal term for this is “damages.” There are two kinds of damages: general and special. General damages are meant to compensate you for expenses resulting from your injury, including medical expenses, lost income and suffering and pain. Special damages can include funeral costs and emotional stress. If your loved one died because of reckless behavior by a third party, you could be able recover wrongful death damage. To hold the person responsible accountable for your injuries, a court must determine four elements: duty, breach, causation and damages. To establish a duty the defendant must be under a legal obligation to act responsibly in a specific situation. A failure to fulfill this obligation is known as negligence. A breach of this duty is the direct cause of the injury you suffered. The injury must have caused significant damage or serious injury to qualify for damages. For example, a car accident that caused a broken arm could result in substantial medical costs and likely a loss of wages. The defendant's careless or reckless actions directly caused the injury. The wrongful death claim may include funeral and burial expenses for your loved one, as well as emotional distress you or your family members have suffered. Non-financial damages can be more difficult to determine. Your attorney will employ a variety of methods to determine the value of your suffering and pain. Keep a record of your daily pain levels and how the injuries affected your mental, physical and emotional health can aid in your claim for these damages. Insurance companies tend to undervalue these damages in order to avoid paying more settlements. In some rare instances you may be able to seek punitive damages to punish the party who was negligent. These damages are only available when a judge or jury feels that the defendant's behavior was especially outrageous. These types of compensations are usually awarded in cases of drunk driving accidents, intentional or malicious acts, and nursing facility abuse. To obtain these additional damages your lawyer must demonstrate that the defendant acted with malice, wantonness or fraud, oppression, or with a lack of awareness of the consequences of his or her actions. Settlements How your case is decided will determine the amount of compensation you will receive. If your claim is tried in court, a jury will decide the amount you're awarded for your losses and injuries. In a lot of cases parties, however, they agree to settle outside of court. This means they can save the time and money of a trial. This means that victims can receive their compensation earlier than the time they would have to wait for the trial to be completed. The settlement for personal injuries will include damages that are both economic and non-economic. The former include expenses like medical expenses, lost wages, and property damage. The latter covers aspects like pain, suffering and loss of enjoyment your life. It isn't always easy to determine a dollar amount on these damages, however an experienced lawyer can assist you in determining the value of your injuries. Typically an insurance company will typically offer a settlement prior to the case goes to trial. They will review the evidence you've gathered and determine how much they value your claim. You may be required to submit an official letter of demand together with evidence and an offer for a reasonable compensation amount. You'll likely receive a counter-offer by the insurer, which is usually lower than what you requested. Your attorney will then negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have an appropriate claim the settlement will cover your medical expenses and other out-of pocket expenses related to your accident. In certain cases your settlement could include compensation for any future treatment your doctor predicts you'll require due to 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 kind of compensation is typically awarded to spouses or children who suffered as a result of the death of a loved ones as a result of an accident that was caused by negligence of someone else's. You could also be eligible for punitive damages if the defendant was found to be particularly negligent. This type of payment 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 injury the next step is to collect evidence of their losses. This can include documents such as medical records or police reports, as well as insurance policies. Documentation of lost income or property damage should be included in a claim. If the parties cannot agree on an agreement the attorney for the plaintiff may file a lawsuit against the defendant. The complaint will detail the claimant's version of events, outline how the actions of the defendant hurt them and ask for relief in the form monetary compensation. A summons is also filed and personally delivered to the defendant. It is a formal notice that they are being sued. The defendant has a limited amount of time in which to respond. During this time both sides will go through the discovery phase where each party investigates the other's claims and defenses. This can be a lengthy process that may require an extensive amount of documentation. A lawyer can assist in making preparations for trial by organizing expert witnesses and gathering evidence. They can also help calculate damages. They may also request a fair settlement from the insurance company. The insurance company can accept or decline the offer it, or counter-offer. It is important to have an experienced lawyer who can protect your rights and maximize your recovery. The right attorney can comb through all available evidence to confirm that you are being paid for every loss. They can also weed out unnecessary expenses and help 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 one to be compensated for their part of the responsibility. A knowledgeable attorney can help with workers' compensation cases. Some personal injury cases require the use of experts in fields such as economics, medicine and engineering. Your lawyer will help you choose the right expert to testify in support of your case. Based on the circumstances, certain cases could be tried in court, while others will settle out of the court.