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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. The process of documenting your losses is vital 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, as well as lost wages. Also, it covers pain and suffering as well as loss of companionship. Statute of Limitations If you've been injured due to someone else's negligence or wrongful action, you should file a lawsuit as soon as you can. Statutes of limitations are legal time limitations that safeguard parties from unnecessary litigation. They stop claims from being filed after the deadline. The time limitations vary by state and type of claim and are usually subject to specific or limited exceptions. For example in New York, if you are seeking to bring a lawsuit for injuries sustained in an automobile accident, the statute of limitations for these kinds of cases is three years. The statute of limitations for civil actions which involve negligence is two years. This includes medical negligence, product liability and wrongful deaths. A lawyer can help you determine the statute of limitations that applies to your particular case and ensure that it is filed in a timely manner. An experienced lawyer can analyze your case to determine if there are any extensions or waivers that might be possible. It is important to keep in mind that even when the statute of limitations has expired, you may still be able to file additional claims for compensation relating to your injuries, such as workers compensation or Social Security disability benefits. It is advisable to speak with an attorney as early as you can regarding your case, so that they can provide you with the options available. In the majority of instances, the statute of limitations begins to begin running from the date of the incident that led to your injury. However, in some situations such as exposure to toxic substances or medical negligence the statute of limitations will not start to run until you realize or ought to have realized that your injury was caused by a negligent act. This is known as the discovery rule. There are also a few exceptional situations where the statute of limitations is “tolled” or suspended, but these situations are extremely specific and should be analyzed by a skilled personal injury lawyer. If you have been hurt due to someone else's wrongful conduct, the attorneys at Littman & Babiarz can help. Contact us today to arrange an appointment for a no-cost consultation. Damages The purpose of a personal injury claim is to obtain financial compensation from the party responsible for your injuries. The legal term used to describe this is “damages.” There are two kinds of damages: general and special. General damages are designed to compensate you for the costs resulting from your injury, which includes medical bills, lost income, and pain and suffering. Special damages can include funeral expenses and emotional distress. If your loved one has died due to reckless conduct by another, you may be able to recover the cost of wrongful death. A court must establish four elements to determine the party responsible for your injuries that result from a breach of duty, causation, and damages. To establish a duty the defendant must be under the legal obligation to act responsibly in a particular situation. Failure to meet this obligation is known as negligence. The injury you sustained is directly caused by a breach of this duty. The injury must have caused significant damage or serious injury in order to be eligible for damages. A car crash that results in a severed hand would result in substantial medical costs, and most likely loss of income. The defendant's reckless or careless actions directly contributed to the injury. The wrongful death claim can include funeral and burial costs for your loved one as well as emotional stress you or your family members have endured. Non-financial damages can be more difficult to determine. Your attorney will use a variety of methods to calculate the value of your pain and suffering. Keep a diary to document your daily pain level and how your injuries affect you mentally as well as physically. This will help to support your claim. Many insurance companies undervalue the damages in order to avoid paying higher settlements. In rare instances the attorney may seek punitive damages, which are intended to punish the negligent party. These damages are only awarded when the judge or jury finds the defendant's behavior to be particularly outrageous. These types of compensations are usually awarded in instances of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To receive these additional damages the lawyer must prove that the defendant committed the offense with malice, wantonness, fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements The amount of compensation you receive for your injuries depends on how your case will be decided. If your claim goes to trial, a jury will decide how much they will pay you for your losses and injuries. In a lot of cases parties, however to settle out of the courtroom. This allows them to avoid the time and cost of a trial. Additionally, it allows victims to recover their compensation sooner than they would have if they waited for the trial to conclude. The settlement for personal injuries will include both economic and other damages. The former covers costs like medical expenses as well as lost wages and property damage. The latter includes aspects such as suffering and pain, as well as the loss of enjoyment. The process of determining a value for these damages is usually difficult however an attorney can help you determine the value of your injuries. Typically, an insurance company will typically offer a settlement before your case goes to trial. They will examine the evidence that you have collected and determine how much they will consider your claim. You might be required to submit a letter of demand, along with your evidence and an offer for a reasonable compensation amount. You will most likely receive a counter-offer by the insurance company, which is usually lower than the amount you requested. Your lawyer can negotiate with the insurer to reach a fair settlement for your injuries. If you have an undisputed legal claim, the settlement will typically cover your medical bills and other expenses out of pocket related to the accident. In certain instances the settlement may also include compensation for future treatment that your doctor estimates you will need because 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 given to children or spouses who suffered as a result of the loss of a loved ones as a result of an accident caused by the negligence of another. You could also be eligible for punitive damages if the defendant was found to be especially negligent. This type of compensation is intended to punish the defendant and deter others from engaging in reckless behavior. Filing an action Once someone has contacted a personal injury lawyer, they should begin to collect evidence of their losses. Documents like medical records, police reports and insurance policies can be included. Documentation of lost income or property damage should be included in an insurance claim. If the parties are unable reach a settlement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can file a suit against the defendant. The complaint will detail the claimant's version of events, describe how the actions of the defendant harmed them and ask for relief in the form of financial compensation. A summons is also filed and personally served on the defendant and serves as a notice that they are being sued. The defendant will then have the time to reply. During this stage, both parties will complete the discovery process, where they examine the claims and defenses of the other. This could take a considerable amount of time, and will likely require a significant amount of documents. A lawyer can assist in making preparations for trial by organizing expert witnesses and gathering evidence. They can also help calculate damages. They can also demand an appropriate settlement from the insurance company. The insurance company could accept the offer, reject it, or counter-offer. It is vital to have an attorney who knows the law to safeguard your rights and maximize your recovery. The right attorney will be able to look through all the evidence available to confirm that your losses are compensated. They can also help you eliminate unnecessary expenses and help you to keep track of all the funds you are entitled receive. If more than one person is liable 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 claims for compensation. Greenville injury lawsuits require the assistance of experts in areas such as economics, medicine and engineering. Your lawyer will help you select an expert who can testify to help your case. Depending on the situation, some cases could be tried in court, while others will settle outside of court.