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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 for obtaining full damages. Keep the track of all medical expenses and out-of expenses out of pocket. Economic damages are the cost of your past and future medical expenses and lost wages. It also covers your pain and suffering as well as the loss of companionship. Statute of limitations If you've been injured due to someone else's negligence or wrongful action, you should begin a lawsuit as quickly as possible. Statutes of limitations are legal time limitations that safeguard parties from unnecessary litigation. They prevent claims from being filed after the deadline. These limitations of time can differ according to the state and the type of claim, and are often subjected to specific or limited exemptions. For instance, in New York, if you are seeking to file a lawsuit relating to injuries that result from an auto accident the statute of limitations for these types of cases is three years. For civil actions that involve negligence, such as medical malpractice or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can help determine the statute of limitation that applies to your particular case and ensure that the case is filed in time. An experienced lawyer can also examine your case and suggest any possible extensions or waivers of the statute of limitations in your case. It is important to keep in mind that even when the statute of limitations has expired, you may still be able to file other claims for compensation relating to your injuries, including workers compensation or Social Security disability benefits. It is advisable to speak with an attorney as early as you can regarding your situation, so they can provide you with the various options available. In most instances, the statute of limitations begins to begin running from the date of the incident that caused your injury. However, in certain situations, such as exposure to harmful substances or medical malpractice the statute of limitations does not start to run until you realize or reasonably should have realized that your injury was caused by a negligent action. This is referred to as the discovery rule. There are also some rare circumstances when the statute of limitations is “tolled” or suspended, but these situations are extremely specific and should be examined by a knowledgeable personal injury lawyer. If you have been hurt because of someone else's negligent behavior, the lawyers at Littman & Babiarz can help. Contact us to schedule a free consultation. Damages A personal injury claim seeks financial compensation from the person who is 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, such as medical bills as well as lost wages and pain and discomfort. Special damages could include funeral costs as well as emotional distress. If a loved one died due to a reckless act of another you may also be able to recover damages for the wrongful death. To hold the responsible party accountable for your injury the court must establish four elements which are breach, duty, damages and causation. To establish the duty, the defendant must have a legal obligation to be responsible in a specific circumstance. A failure to fulfill this obligation is called negligence. The injury you suffered was directly caused by a breach of this duty. The injury must have caused serious damage or serious harm to be able to claim damages. A car accident that causes an injured hand could result in substantial medical costs and most likely a loss of income. The injury was caused directly by the defendant's careless or reckless actions. The wrongful death claim may include funeral and burial costs for your loved one, as well as emotional distress you or your family members have experienced. The non-financial damages are more difficult to determine. Your attorney will use different methods to calculate the worth of your pain and suffering. Maintaining a log of your daily pain levels and how the injuries affected your mental, physical, and emotional well-being can aid in proving your claim for these damages. Many insurance companies underestimate the value of these damages to avoid paying higher settlements. In some rare instances you may be able to seek punitive damages to punish the negligent party. These damages are only available when a judge or jury feels that the defendant's conduct was particularly obscene. These types of compensations are usually awarded in instances of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To get these additional damages, you must show to your lawyer that the defendant's actions were motivated by malice, willfulness, or oppression or a conscious indifference towards the consequences of their actions. Settlements The amount of compensation you receive for your injuries is contingent on how your case is resolved. If your case goes to trial the jury will decide what they will pay you for your injuries and losses. In many cases the parties will reach an agreement to settle the matter outside of court. They can avoid the time and expense of a court trial. It also allows victims to recover their compensation earlier than they would have if they waited for the trial process to conclude. The settlement for personal injuries will include damages that are both economic and non-economic. The former include costs like medical expenses, lost wages, and property damage. The latter includes aspects such as pain and suffering and the loss of enjoyment. Placing Centennial injury lawyer on these damages is often challenging however, an attorney can help you determine what your injuries are worth. Typically an insurance company will usually offer an agreement before your case goes to trial. They will examine the evidence that you have amassed and determine how they consider your claim. You may need to submit a demand letter, which is accompanied by your evidence and a request for an appropriate compensation amount. The insurer will likely offer you a counter-offer which is often lower than the amount you request. Your lawyer can negotiate with the insurer to reach a fair settlement for your injuries. If you have an appropriate claim the settlement will cover the cost of your medical treatment and other expenses out of pocket due to the accident. In some instances your settlement could include compensation for any future treatment your doctor estimates that 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 type of compensation is usually awarded to spouses or children who have suffered due to the death of their loved ones due to an accident that was caused by someone else's negligence. You could also be eligible for punitive damages if the defendant was found to be especially negligent. This kind of payment is intended to punish the defendant and discourage others from engaging in reckless conduct. Filing an action Once someone has contacted a personal injury lawyer the next step is collecting evidence of their losses. Documents such as medical records, police reports and insurance policies can be included. Documentation of loss of income or property damage should be included in a claim. If the parties are unable to come to an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can bring a lawsuit against the defendant. The complaint will outline the plaintiff's version of events, outline how the actions of the defendant harmed them, and seek relief in the form of monetary compensation. A summons will also be filed and personally served to the defendant, which is a notification that they are being accused of a crime. The defendant is then given the time to respond. In this process each side will complete the discovery phase, where each party investigates the defenses and claims of the other. This can take a significant amount of time, and will likely require a lot of documentation. A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They may also request an equitable settlement from the insurance company. The insurance company could accept, reject or counteroffer the offer. It is vital to have an attorney who is familiar with the law to safeguard your rights and maximize the amount of compensation you receive. The right attorney will be able to go through all the evidence to verify that your losses are compensated. They can also assist you to reduce unnecessary expenses and track the money you're entitled to. New York law allows for each person to be compensated for their part of the responsibility if more than one party is responsible for an accident. A skilled attorney can also assist with workers claims for compensation. Certain personal injury cases require the involvement of experts in fields such as economics, medicine and engineering. Your lawyer will assist you select an appropriate specialist to testify in support of your case. Based on the circumstances of the case, it could be decided out-of-court or in a trial.