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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist victims of injuries to obtain fair compensation. It is crucial to document your losses for obtaining full damages. Keep an eye on all medical expenses and out-of expenses out of pocket. Economic damages are the costs of your past and future medical expenses and lost wages. Also, it covers pain and suffering and loss of companionship. Statute of limitations If you have been injured due to another person's wrongful negligence or action it is imperative to act swiftly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time limitations that safeguard parties from unnecessary litigation. They stop claims from being filed after the deadline. These limitations of time can differ depending on the state and the type of claim, and are often subjected to special or limited exemptions. For instance in New York, if you want to file a lawsuit relating to injuries caused by an auto accident the statute of limitations for these kinds of cases is three years. The time limit for civil actions which involve negligence is two years. This includes medical negligence, product liability and wrongful deaths. A lawyer can help determine the statute of limitations that applies to your case and ensure that it is filed in a timely manner. A lawyer with experience can analyze your case to determine if there are extensions or waivers that may be possible. It is important to keep in mind that even when the time limit has passed however, you may be able to file additional claims for compensation related to your injuries, such as workers' compensation or Social Security disability benefits. It is recommended to speak with an attorney about your situation as soon as you can, so that they can inform you of the options available to you. In the majority of cases, your statute of limitations begins to run from the date of the underlying incident that led to your injury. In certain situations, such as exposure to toxic materials or medical malpractice the time limit is not established until you realize that you would have known that your injury is result of a negligent act. This is referred to as the discovery rule. There are some rare situations in which the statute of limitations is “tolled” or suspended. These situations are highly factual and require an experienced personal injury lawyer to evaluate. If you've suffered injury due to someone else's wrongful conduct, the attorneys at Littman & Babiarz can help. Contact us for an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the person responsible for your injury. The legal term for this is “damages.” There are two groups of damages which are: general and specific. General damages are meant to compensate you for the expenses resulting from your injury, such as medical bills, lost income, and suffering and pain. Funeral costs and emotional distress may be included in special damages. If a loved one passed away due to a reckless act of another you may also be entitled to wrongful death damages. To hold the party responsible accountable for your injury, a court must establish four elements which are breach, duty, damages and causation. To establish a defendant's obligation to be legally bound to behave responsibly in the specific circumstance. Failure to meet this obligation is called negligence. The injury you suffered is directly caused by a violation of this duty. The injury must have caused significant damage or serious harm in order to be eligible for damages. For example, a car accident that caused a broken arm would result in significant medical expenses, and most likely a loss of wages. The injury was caused directly due to the defendant's negligence or reckless actions. A wrongful death claim could include funeral and burial costs for your loved one, as well as the emotional distress that you or your family experienced. The non-financial damages are more difficult to calculate. Your attorney will employ a variety of methods to calculate the value of your suffering and pain. Maintaining a log of your pain levels throughout the day and how the injuries affected your physical, mental, and emotional well-being can aid in proving your claim for these damages. Many insurance companies undervalue these damages to avoid paying higher settlements. In rare instances the attorney may pursue punitive damages, which are meant to punish the responsible party. These damages are only available when a judge or jury feels that the defendant's behavior was especially outrageous. These types of compensation are usually awarded in cases of drunk driving accidents, malicious or intentional actions, or nursing facility abuse. To get these additional damages, you must show to your lawyer that the defendant acted with willful or malicious intent, fraud or oppression or a conscious indifference towards the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation that you will receive. If your claim is tried in court, a jury will decide how much you are awarded for your losses and injuries. In many cases the parties will reach an agreement to settle the matter outside of court. This allows them to avoid the time and expense of a trial. This also allows victims to receive their compensation earlier than they would if they waited for the trial to be completed. A personal injury settlement covers both economic and non-economic damages. The former include costs like medical expenses, lost wages, and property damage. The latter include things like pain and suffering and the loss of enjoyment. Calculating a dollar value for these damages is often challenging however, an attorney can help determine the value of your injuries. Insurance companies will usually offer an agreement to settle your case before it goes to trial. They will look over the evidence you have collected and determine what they think your claim is worth. You may be required to send an official demand letter that includes your evidence and a request for the appropriate compensation amount. You'll likely receive a counter-offer by the insurer, which is typically lower than what you requested. Your attorney can then negotiate a fair settlement with the insurance company. If you have an undisputed legal claim, your settlement will typically cover medical expenses and other expenses out of pocket related to the accident. In certain cases, your settlement may also include a portion of any future treatment that your doctor predicts you will require as a result. 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 usually given to children and spouses who have suffered due to the death of a loved one in an accident caused by someone else's negligence. 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 discourage others from engaging in similar reckless behaviors. Filing a Lawsuit After contacting an attorney for personal injury the client should begin accumulating evidence of their losses. This may include documents like medical records or police reports, as well as insurance policies. Las Vegas of loss of income or property damage must be included in an insurance claim. If the parties are unable reach a settlement, the plaintiff's lawyer may bring a lawsuit against the defendant. The complaint will outline the claimant's version, describe the actions of the defendant and request for the amount of 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 will then have the time to reply. During this stage, both parties will complete the discovery process where they investigate the claims and defenses of the other party. This could be a lengthy process that may require lots of documents. A lawyer can assist in prepare for trial by arranging for expert witnesses and obtaining evidence. They can also assist in calculating damages. They can also demand a fair settlement from the insurance company. The insurance company can accept, deny or counter-offer the offer. It is important to have a knowledgeable lawyer to protect your rights and maximize your compensation. A competent lawyer can go through all the available evidence to verify that you are being paid for every loss. They can also help you eliminate unnecessary expenses and assist you 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 the amount they owe. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases require the assistance of experts in areas like economics, medicine and engineering. Your lawyer will assist you in selecting an expert who can provide testimony to back your case. Depending on the circumstances, certain cases may go to trial, while others settle out of court.