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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims receive fair compensation. It is crucial to document your losses for obtaining full damages. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages are the costs of your past and future medical expenses, as well as lost wages. Also, it covers your pain and suffering and the loss of companionship. Statute of Limitations If you've suffered an injury due to another person's wrongful negligence or action, it is important to act swiftly and make a personal injury claim before the statute of limitations expires. Statutes of limitation are legal time restrictions which protect the parties from unnecessary litigation. They prevent claims from being filed after the deadline. These limitations are different for each state and claim type and are usually subject to specific or limited exceptions. In New York, for example when you want 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 like medical malpractice and product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help determine the statute of limitations applicable 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 could be possible. You should be aware that even the time your statute of limitations has passed, you could have other claims for compensation related to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is best to speak with an attorney regarding your case as soon as possible, so that they can inform you of all your options. In most instances, your statute of limitations begins to expire on the date of the incident that caused you injury. However, in certain situations like exposure to harmful substances or medical malpractice, the statute of limitations does not start to run until you realize or should have known that your injury was the result of a negligent action. This is referred to as the discovery rule. There are also exceptional situations where the statute of limitations has been “tolled” or suspended, but these cases are highly fact-specific and must be assessed by a competent personal injury lawyer. The attorneys at Littman & Babiarz can assist you if you were injured as a result of another person's wrongful behavior. Contact us for a free consultation. Damages The purpose of a personal injury claim is to get financial compensation from the party accountable for your injury. The legal term for this is “damages.” There are two groups of damages which are: general and specific. General damages are designed to compensate you for the losses associated with your injury, which includes medical bills, lost income and pain and suffering. Special damages can include funeral costs as well as emotional stress. If a loved one passed away because of another's reckless behavior you may also be able to recover damages for wrongful death. A court must establish four elements in order to find the responsible party liable for the harm you suffered: duty, breach of duty, causation, and damages. To establish a defendant's obligation, they must be legally bound to act responsibly in the given situation. Negligence is the failure to perform this obligation. A breach of this duty is the direct cause of the injury you suffered. To be able to claim damages, the injury must have caused significant harm or significant damage. A car accident resulting in an injury to the hand could result in substantial medical costs, and most likely a loss of income. The injury was directly caused due to the defendant's negligence or reckless actions. The wrongful death claim may include funeral and burial costs for your loved one, as well as emotional stress you or your family members have experienced. Non-financial damages can be more difficult to determine. Your attorney will use different methods to calculate the value of your suffering and pain. Keep a record of your pain levels throughout the day and how your injuries have affected your mental, physical and emotional health can aid in your claim for these damages. Insurance companies often undervalue the damages of their clients to avoid paying higher settlements. In St. Joseph injury lawyers may be able to seek punitive damages to punish the responsible party. These damages can only be awarded if the judge or jury finds the defendant's actions to be particularly outrageous. This kind of compensation is usually granted in cases of drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. To receive these additional damages the lawyer must prove that the defendant acted with malice, wantonness, fraud, oppression, or with a lack of awareness of the consequences of his or her actions. Settlements How your case is ruled will determine the amount of compensation you will receive. If your claim is contested, a jury will determine the amount you will be awarded for your injuries and losses. In a lot of cases, however, parties agree to settle out of the courtroom. They can avoid the time and expense of an in-court trial. It also allows victims to collect their compensation earlier than they would have if they waited for the trial process to complete. The settlement for a personal injury includes damages that are both economic and non-economic. The former includes costs such as medical expenses, lost wages and property damage. The latter include things such as pain and suffering and the loss of enjoyment of life. It isn't always easy to determine a dollar amount on these losses, but an experienced lawyer can assist you in determining the value of your injuries. Insurance companies usually offer a settlement to settle your case prior to it goes to trial. They will review the evidence you have collected and determine what they feel your claim is worth. You may have to file an official demand letter that is accompanied by evidence and an offer for a suitable compensation amount. Most likely, you will receive a counter-offer from the insurer, which is usually lower than what you requested. Your attorney can then negotiate a fair settlement with the insurer. If you have a valid claim the settlement will pay your medical expenses and other expenses out of pocket due to the accident. In some instances, your settlement will also include a portion of the future treatment that your doctor predicts you will need 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 and children who have suffered as a result of the loss of a loved one during an accident caused by someone else's negligence. Punitive damages can be awarded if the defendant is found to have been negligent. This type of payment is designed to penalize the defendant and prevent others from engaging in similar reckless behavior. Filing an action After making contact with an attorney for personal injury one must begin collecting evidence of their losses. This may include documents like medical records or police reports, as well as insurance policies. Documentation of lost income or property damage should also be included in the claim. If the parties fail to come to an agreement 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 outline the claimant's version of events, describe how the actions of the defendant hurt them, and seek relief in the form of monetary compensation. A summons is also filed and handed over to the defendant. It is a formal notice that they are being sued. The defendant then has the time to reply. In this process each side will complete the discovery phase in which each side investigates the other's claims and defenses. This can be a lengthy process that may require an extensive amount of documentation. A lawyer can help prepare for trial by arranging for expert witnesses and obtaining evidence. They can also help calculate damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company may accept, reject or counter-offer the offer. It is essential to have an attorney who knows the law to protect your rights and maximize recovery. A competent lawyer can go through all of the available evidence to confirm that you are compensated for each loss. They can also help you reduce unnecessary costs and track the amount you're entitled to. New York law allows for everyone to be compensated for their share of the responsibility if more than one party is accountable for an accident. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases may require the assistance of experts in areas like medicine, economics, and engineering. Your lawyer will help you choose a qualified expert to testify and help support your case. Based on the specifics of the case, it may be decided outside of court or at trial.