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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries receive fair compensation. In order to receive the full amount of damages, it's important to document your losses carefully. This includes keeping track of your medical expenses and out of pocket expenses. Economic damages are a result of your future and past medical costs and lost wages. Also, it covers pain and suffering as well as loss of companionship. Statute of Limitations If you have been injured due to another person's wrongful act or negligence it is imperative to act swiftly and make a personal injury claim before the statute of limitations runs out. Statutes of limitation are legal time limits that protect parties against unnecessary litigation. They prevent claims being filed after the deadline. These limitations are different for each state and type of claim, and they are often restricted to certain or specific exceptions. In New York, for example, if you wish to file a lawsuit for injuries that result from a car crash, the statutes of limitations are three years. The time limit for civil actions involving negligence is two years. This includes medical malpractice, product liability, and the wrongful death of a person. A lawyer can help you determine the statute of limitation that applies to your particular case, and ensure that it 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 know that even the time your statute of limitations is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is best to speak an attorney about your case as soon as you can to ensure that they can provide you with all options. In the majority of instances, the statute of limitations starts to expire on the date of the incident that led to your injury. In some situations, like exposure to toxic materials or medical malpractice, the limitation period is not established until you are aware that you would have known that your injury is result of a negligent act. This is called the discovery rule. There are also rare circumstances when the statute of limitations has been “tolled” or suspended, but these situations are extremely specific and should be assessed by a competent personal injury lawyer. If you've suffered injury due to someone else's wrongful conduct, the attorneys at Littman & Babiarz can help. Contact us to schedule a free consultation. Damages A personal injury claim seeks financial compensation from the party responsible for your injury. Damages is the legal term used to describe this. There are two types of damages, general and special. General damages are designed to compensate you for losses associated with your injury, which includes medical bills, lost income and suffering and pain. Special damages can include funeral expenses and emotional stress. If your loved one has died due to the reckless conduct of another you may also be entitled to wrongful death damages. To hold the responsible party accountable for your injuries, a court must determine four elements: duty, breach, causation and damages. To establish the duty of a defendant to be legally bound to act in a responsible manner in the given circumstance. A failure to fulfill this obligation is referred to as negligence. A breach of this duty is a direct cause for the injury you suffered. To be able to claim damages, the injury must have caused serious harm or caused significant damage. For example a car crash which resulted in a fractured arm could result in substantial medical costs and likely an interruption in wages. The injury was caused directly by the defendant's careless or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one, and emotional pain you or your family suffered. Non-financial damages are harder to determine. Your attorney will employ different methods to determine the value of your 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 more settlements. In rare cases, you can seek punitive damages to punish the negligent party. These damages are only available when the judge or jury believes that the conduct of the defendant was especially outrageous. This type of compensation is usually awarded in cases of drunk driving accidents, or malicious acts, and nursing home abuse. To obtain these additional damages your lawyer must demonstrate that the defendant committed the offense with malice, willful or fraud, oppression, or a conscious disregard for the consequences of his or her actions. Settlements The amount of compensation you receive for your injuries will depend on how your case will be determined. If Quincy injury lawyer is heard by a jury, the jury will decide the amount you will be awarded for your injuries and losses. In many cases, however, parties agree to settle outside of the courtroom. They can avoid the time and expense of the court trial. It also allows victims to collect their compensation earlier than they would should they wait for the trial process to complete. The settlement for a personal injury includes both economic and other damages. The former include costs like medical expenses, lost wages, and property damage. The latter covers aspects such as suffering, pain and loss of enjoyment your life. It can be difficult to quantify the value on these damages, however an experienced lawyer can help you determine the worth of your injuries. Insurance companies typically offer a settlement to settle your case before it goes to trial. They will review the evidence that you have collected and determine how much they value your claim. You may be required to submit an offer letter, which is accompanied by your evidence and a request for an appropriate compensation amount. The insurance company will likely send you a counter-offer, which is often lower than your requested amount. Your attorney can then negotiate with the insurer to reach a fair settlement for your injuries. If you have an undisputed legal claim, your settlement will generally cover medical expenses and other out-of-pocket expenses related to the accident. In some instances your settlement could include a portion of the 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 kind of compensation is typically granted to children or spouses who have suffered due to the loss of a loved ones as a result of an accident that was caused by the negligence of another. You could also be awarded punitive damages if you were found to be particularly negligent. This kind of compensation is intended to penalize the defendant and deter others from engaging in reckless conduct. Filing a Lawsuit Once a person has contacted an attorney for personal injuries, they should begin to gather documentation of their losses. Documents like medical records, police reports and insurance policies may be included. Include documentation of property damage or income loss in your claim. If the parties are unable to reach a settlement the lawyer for the plaintiff may file a suit against the defendant. The complaint will outline the plaintiff's version of events, describe how the actions of the defendant hurt them, and request relief in the form of financial compensation. A summons will also be issued and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant is given a specific time frame in which to respond. In this phase each party will complete the discovery process where they look into the claims and defenses of the other party. This can take a significant amount of time and will likely require a lot of documents. A lawyer can help prepare for trial by arranging expert witnesses and collecting evidence. They can also assist in calculating damages. They may also request an appropriate settlement from the insurance company. The insurance company may accept the offer, decline it, or offer a counteroffer. It is important to have an experienced lawyer who can protect your rights and maximize your compensation. A competent lawyer can go through all available evidence to verify that you are compensated for each loss. They can also weed out unnecessary expenses and help to keep track of the amount you are entitled to receive. If more than one person is liable for the accident, New York law allows each one to be compensated for their part of the responsibility. A knowledgeable lawyer can also assist with claims for workers' compensation. Some personal injury cases may require the use experts in fields like medicine, economics, and engineering. Your lawyer will help you select an appropriate specialist to testify and help support your case. Based on the situation, some cases might be tried in court, while others settle out of the court.