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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries receive fair compensation. It is crucial to document your losses for obtaining full damages. This includes keeping track of your medical expenses and out of pocket expenses. Economic damages are the cost of your past and future medical expenses, as well as lost wages. It also covers pain and suffering and loss of companionship. Statute of limitations If you've suffered injuries due to the negligence of someone else or by a wrongful act, you must begin a lawsuit as quickly as you can. Statutes of limitation are legal time restrictions which 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 are typically subject to special or limited exceptions. In New York, for example for instance, if you want to file a lawsuit for injuries sustained in a car accident the statutes of limitation are three years. For civil actions that involve negligence such as medical negligence, product liability and wrongful death the statute of limitation is two years. A lawyer can assist you in determining the statute of limitation that applies to your case, and ensure that it is filed in time. A knowledgeable lawyer can review your case and recommend any possible extensions or waivers of the statute of limitations in your case. It is important to note that even the statute of limitations has run out, you may still be able to file additional claims for compensation related to your injuries, like workers compensation or Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your situation, so they can inform you of all the options that are available. In the majority of instances, your statute of limitations starts to run from the date of the incident that caused your injury. In some instances, like exposure to toxic materials or medical malpractice, the time limit does not begin until you realize or would have known that your injury is caused by a negligent act. This is referred to as the discovery rule. There are also a few exceptional situations where the statute of limitations is “tolled” or suspended, but these cases are highly fact-specific and must be analyzed by a skilled personal injury lawyer. Littman & Babiarz's attorneys can assist you if have been injured by another person's wrongful behavior. Contact us to schedule an appointment for a free consultation. Damages The goal of a personal injury claim is to receive financial compensation from the party responsible for your injury. The legal term used to describe this is “damages.” There are two groups of damages which are: general and specific. General damages are designed to compensate you for losses associated with your injury, including medical bills, lost income and suffering and pain. Funeral expenses and emotional distress may be included in special damages. If your loved one has died due to a reckless act of another you may also be entitled to wrongful death damages. A court must establish four factors to determine who is responsible for your injury such as breach of duty, causation, and damages. To establish a defendant's duty to act responsibly, they must be legally bound to behave responsibly in the specific situation. Negligence is the failure to perform this duty. A breach of this obligation is a direct cause for the injury you suffered. To be able to claim damages, the injury must have caused severe harm or caused significant damage. A car crash that results in a severed hand would cause significant medical expenses, and most likely a loss of income. The injury was directly caused by the defendant's careless or reckless actions. The wrongful death claim may include funeral and burial expenses for your loved one, and emotional pain you or your family have suffered. The non-financial damages are more difficult to determine. Your attorney will employ different methods to determine the value of your suffering and pain. Keep a journal to record your pain levels throughout the day and how your injuries have affected you mentally as well as physically. This can help you support your claim. Insurance companies often undervalue these damages in order to avoid paying more settlements. In rare cases, your attorney can pursue punitive damages. These are intended to punish the negligent party. These damages are only available when a judge or jury feels that the defendant's conduct was particularly outrageous. These types of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To be eligible for these additional damages the lawyer must prove that the defendant was acting in a manner that was ill-intentional, shrewd or fraud, as well as oppression or conscious indifference to the consequences of their actions. Settlements The amount you receive for your injuries will depend on how your case will be resolved. If your case is heard in court, a jury will decide the amount you're awarded for your losses and injuries. In many cases however the parties will agree to settle their dispute outside of court. This allows them to avoid the time and cost of a trial. This means that victims can get their compensation sooner than those who had to wait for the trial to be concluded. The settlement for personal injuries includes the economic as well as other damages. The former includes costs such as medical expenses, lost wages and property damage. The latter includes aspects such as suffering, pain and the loss of enjoyment your life. Calculating a dollar value for these damages is often challenging however an attorney can help determine what your injuries are worth. Typically an insurance company will usually offer an agreement before your case goes to trial. They will look over the evidence that you have collected and determine how much they consider your claim. You may have to file a demand letter, which is accompanied by your evidence and an offer for a suitable compensation amount. The insurer is likely to send you a counter-offer, that is typically less than the amount you requested. Your attorney can then negotiate a fair settlement with the insurance company. If you have a valid legal claim, the settlement will typically cover your medical bills and other out-of-pocket expenses related to the accident. In some instances the settlement could also include a portion of any future treatment your doctor estimates that you'll require as a result of 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 kind of compensation is typically given to children or spouses who suffered as a result of the death of their loved one as a result an accident that was caused by the negligence of another. You may also receive punitive damages if the defendant is found to be particularly negligent. This kind of compensation is designed to punish the defendant and to discourage others from engaging in reckless behavior. Filing a Lawsuit After a person has spoken with an attorney for personal injuries, they should begin to collect evidence of their losses. Documents such as medical records, police reports and insurance policies could be included. Include documentation of property damage or lost income in your claim. If the parties cannot agree on a settlement the attorney for the plaintiff may start a lawsuit against the defendant. The complaint will outline the claimant's argument, outline the actions of the defendant, and request for an amount of money. Chandler injury lawsuit is also filed and delivered to the defendant. It is a formal notice that they are being accused of a crime. The defendant has a limited timeframe to respond. In this process each side will complete the discovery phase in which each party investigates the other's claims and defenses. This can take a significant amount of time and will likely require a significant amount of documentation. A lawyer can help in making preparations for trial by organizing expert witnesses and gathering evidence. They are also able to assist in the calculation of damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company can accept, deny or counter-offer the offer. It is vital to have an attorney who is familiar with the law in order to protect your rights and maximize your recovery. The right attorney can go through all the evidence to ensure that your losses are being compensated. They can also assist you to eliminate unnecessary expenses and keep track of the amount of money you're entitled. New York law allows for every person to be compensated for their share of the responsibility in cases where more than one party is responsible for an accident. A knowledgeable lawyer can also assist with workers' compensation claims. Some personal injury cases may require the assistance of experts in fields such as medicine, economics, and engineering. Your lawyer will assist you in selecting a specialist who can provide testimony to support your case. Based on the circumstances, certain cases could go to trial while others will settle out of the court.