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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 is essential to document your losses carefully. Keep the track of the medical expenses and out of the pocket expenses. Economic damages are a result of the future and past medical expenses as well as lost wages. Also, it covers your suffering and pain, as well as the loss of companionship. Statute of Limitations If you have been injured 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 limitations are legal time limitations that protect the parties from unnecessary litigation. They stop claims from being filed after the deadline. The time limitations can differ according to the state and the type of claim and are usually subject to limited or special exemptions. For example in New York, if you want to file a lawsuit relating to injuries that result from an auto accident the statute of limitation for these cases is three years. The statute of limitations for civil actions that involve 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 limitations that applies to your particular case and ensure it is filed on time. An experienced lawyer will review your case and recommend any possible extensions or waivers of the statute of limitations that apply. It is important to know that even if your statute of limitations is over, you may have other claims for compensation relating to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your situation, so that they can provide you with all the options that are available. In most cases, the statute of limitations starts to run from the date of the incident which caused your injury. In some instances, like exposure to toxic materials or medical malpractice the statute of limitation does not begin until you recognize that you should have known, that your injury was caused by a negligent action. This is known as the discovery rule. There are a few rare instances where the statute of limitation is “tolled”, or suspended. These cases are factual and require a knowledgeable personal injury lawyer to evaluate. The attorneys at Littman & Babiarz can help you if you have been injured by the negligence of another. Contact us for an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the party who is 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 costs resulting from your injury, including medical expenses, lost income and suffering and pain. Special damages could include funeral expenses and emotional stress. If your loved one has died due to reckless behavior by a third party, you could be able to claim the cost of wrongful death. To hold the responsible party accountable for your injuries, a court must determine four elements which are breach, duty, causation and damages. To establish a duty the defendant must be under the legal obligation to be responsible in a specific situation. Negligence is the inability to fulfill this obligation. A breach of this duty is a direct cause of the injury you suffered. To be eligible for damages the injury must have caused severe damage or injury. For instance a car crash that resulted in a severed arm could result in substantial medical expenses, and most likely an interruption in wages. The injury was directly caused by the defendant's careless or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one as well as emotional distress you or your family suffered. Damages that are not financial are more difficult to determine. Your lawyer will employ a variety of methods to determine the value of your pain. Keep a journal of your daily pain level and how your injuries affect you mentally physical, emotionally, and physically. This will help support your claim. Insurance companies typically undervalue these damages to avoid paying more settlements. In rare cases the attorney may pursue punitive damages, which are intended to penalize the party who was negligent. These damages are only available when the judge or jury believes that the conduct of the defendant was particularly obscene. This kind of compensation is typically awarded in cases of drunk driving accidents, intentional or malicious actions, and nursing home abuse. To receive these additional damages, your lawyer must prove that the defendant was acting in a manner that was ill-intentional, shrewd, fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements The amount of compensation you receive for your injuries depends on how your case is resolved. If your claim is tried by a jury, the jury will decide the amount you're awarded for your injuries and losses. In many cases the parties will agree to settle their dispute outside of court. They can avoid the time and expense of a court trial. This allows victims to get their compensation sooner than if they had to wait for the trial to conclude. A personal injury settlement can include both economic and non-economic damages. The former include costs like medical expenses, lost wages and property damage. The latter include things such as pain, suffering and loss of enjoyment your life. Calculating a dollar value for these damages is usually difficult, but an attorney can help you determine the value of your injuries. Typically, Lauderhill injury lawsuits will offer an agreement before your case goes to trial. They will examine the evidence that you have gathered and determine how much they value your claim. You might be required to submit an order letter, along with the evidence you have provided and an offer for a reasonable amount of compensation. You will most likely receive a counter-offer from your insurer, which is typically lower than what you requested. Your attorney can then negotiate with the insurance company to negotiate a fair settlement for your injuries. If you have a valid legal claim, your settlement will typically cover medical expenses and other expenses out of pocket related to the accident. In some instances the settlement may also 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 type of compensation is usually granted 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 negligence of someone else's. You could also be awarded punitive damages if you were found to be especially negligent. This type of compensation is designed to penalize the defendant and discourage others from engaging in reckless behavior. Filing a Lawsuit Once someone has contacted an attorney for personal injury and has been advised to gather documentation of their losses. Documents such as medical records, police reports, and insurance policies can be included. Include documentation of property damage or lost income in your claim. If the parties are unable to come to an agreement the lawyer for the plaintiff may make a claim against the defendant. The complaint will outline the claimant's version, describe the defendant's actions and ask for monetary compensation. A summons is also issued and personally served on the defendant, which is a notification that they are being sued. The defendant is given a specific time frame in which to respond. In this phase each party will complete the discovery process in which they examine the claims and defenses of the other. It can be a long process and could require lots of documents. A lawyer can help in preparing for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They may also submit an offer to the insurance company for an equitable settlement. The insurance company could accept, reject or counteroffer the offer. It is crucial to hire an attorney who is knowledgeable of the law to protect your rights and maximize your recovery. An experienced lawyer will comb through all available evidence to confirm that you are being compensated for each loss. They can also help you eliminate unnecessary expenses and help you to keep track of the money you are entitled to receive. If more than one person is responsible 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 workers' compensation claims. Certain personal injury cases require the assistance of experts in areas like economics, medicine and engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Depending on the circumstances, certain cases might be tried in court, while others will settle outside of court.