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How to Document Your Personal Injury Compensation Claims A personal injury attorney can help injured victims win fair compensation. It is crucial to document your losses to receive the full amount of damages. This includes keeping track of your medical expenses and out-of-pocket expenses. Economic damages cover your past and future medical costs and lost wages. Also, it covers pain and suffering and loss of companionship. Statute of Limitations If you've been injured by the negligence of someone else or by a wrongful act, you must begin a lawsuit as quickly as possible. Statutes of limitations are legal restrictions that protect parties from unnecessary litigation by preventing claims filed after the deadline has passed. These time limits can vary depending on the state and claim type and are typically subject to special or limited exemptions. For example, in New York, if you would like to file a lawsuit over injuries that result from an auto accident the statute of limitation for these cases is three years. For other civil actions involving negligence such as medical negligence, product liability and wrongful death the statute of limitations is two years. A lawyer can assist you determine the statute of limitations that applies to your case and ensure it is filed on time. An experienced lawyer will analyze your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to be aware that even the time your statute of limitations is over, you may have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is best to consult with an attorney regarding your situation as soon as you can, so that he or she can provide you with all options. In most cases, your statute of limitations starts to begin running from the date of the incident that caused you injury. In certain situations, such as exposure to toxic materials or medical malpractice, the time limit is not set until you realize, or reasonably could have realized that your injury was caused by a negligent act. This is referred to as the discovery rule. There are rare circumstances where the statute of limitations is “tolled”, or suspended. These situations are highly factual and require a skilled personal injury lawyer to evaluate. If you've suffered injury because of someone else's negligent behavior, the lawyers at Littman & Babiarz can help. Contact us today to arrange an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two types of damages: general and special. General damages are designed to compensate you for the losses associated with your injury, such as medical bills, lost income, and pain and suffering. Funeral costs and emotional distress could be included in the special damages. If your loved one has died due to the reckless conduct of another you may also be able to recover wrongful death damages. Largo injury lawyer must establish four elements to determine who is responsible for your injury: duty, breach of duty, causation and damages. To establish the duty, the defendant must have a legal obligation to act responsibly in a particular situation. Failure to meet this obligation is known as negligence. The injury you suffered was directly caused by a violation of this obligation. To be able to claim damages, the injury must have caused significant harm or caused significant damage. For instance an accident in a car that resulted in a severed arm could result in substantial medical expenses, and most likely the loss of wages. The defendant's reckless or negligent actions directly contributed to the injury. The wrongful death claim can include funeral and burial expenses for your loved one and emotional pain you or your family have experienced. Damages that are not financial are more difficult to quantify. Your attorney will employ different methods to determine the amount of your pain. Keep a journal of your daily pain level as well as how your injuries have affected you physically physical, emotionally, and physically. This can help you to support your claim. Insurance companies typically undervalue the damages of their clients to avoid paying more settlements. In some rare instances you may be able to seek punitive damages to punish the responsible party. These damages are only granted when an arbitrator or jury determines the defendant's actions to be particularly obscene. This kind of compensation is usually granted in cases involving drunk driving accidents, deliberate or malicious acts, and nursing home abuse. To get these additional damages, you must show to your lawyer that the defendant acted with malice, willfulness, or oppression or a conscious indifference towards the consequences of their actions. Settlements How your case is decided will determine the amount of compensation that you receive. If your case goes to trial, a jury will decide what they will award you for your injuries and losses. In many cases the parties will agree to settle the matter outside of court. They are able to avoid the time and cost of an in-court trial. This allows victims to get their compensation sooner than if they had to wait for the trial to conclude. A personal injury settlement covers both economic and non-economic damages. The former includes costs such as medical expenses, lost wages, and property damage. The latter include aspects such as pain and suffering and the loss of enjoyment of life. The process of determining a value for these damages can be difficult, but an attorney can help determine the value of your injuries. Typically, an insurance company will usually offer an agreement before your case goes to trial. They will examine the evidence you've collected and determine what they feel your claim is worth. You may have to send an official demand letter that is accompanied by your evidence and a request for an appropriate compensation amount. Most likely, you will receive a counter-offer from your insurer, which is typically lower than the amount you requested. Your attorney will then negotiate an equitable settlement with the insurer. If you have a valid legal claim, your settlement will generally cover your medical bills and other out-of-pocket expenses related to the accident. In some instances the settlement may also include a portion of the future treatment that your doctor predicts you'll require as a result of your injury. 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 awarded to spouses or children who have suffered due to the death of a loved ones due to an accident caused by the negligence of another. You may also receive punitive damages if you were found to be particularly negligent. This kind of compensation is designed to punish the defendant and deter others from engaging in reckless behavior. Filing an action After contact with a personal injury attorney, a person should begin accumulating evidence of their losses. Documents like medical records, police reports and insurance policies can be included. Include evidence of damage to property or lost income in your claim. If the parties cannot reach a settlement the attorney for the plaintiff may start a lawsuit against the defendant. The complaint will detail the claimant's account, explain the defendant's actions and ask for the amount of compensation. A summons is also filed and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant then has the time to respond. During this process each side will complete the discovery phase where each party investigates the defenses and claims of the other. This could be a lengthy process and could require lots of documents. A lawyer can assist in prepare for trial by arranging experts to testify and gathering evidence. They can also to assist in calculating damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company could accept or decline the offer it, or counter-offer. It is vital to have an attorney who knows the law to safeguard your rights and maximize your recovery. An experienced attorney can go through all the evidence to ensure that your losses are compensated. 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 liable for the accident, New York law allows each one of them to claim the amount they owe. A competent lawyer can assist with workers' compensation claims. Some personal injury cases might require experts from fields like medicine, economics, and engineering. Your lawyer will assist you in selecting a specialist who can provide testimony to back your case. Depending on the circumstances of the case, it can be decided out-of-court or in a trial.