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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 to receive the full amount of damages. Keep an eye on all medical expenses and out-of pocket costs. Economic damages cover the cost of your current and future medical expenses, as well as lost wages. Also, it covers the pain and suffering and loss of companionship. Statute of limitations If you've been injured due to someone else's negligence or wrongful act, you must file a lawsuit as soon as you can. Statutes of limitations are legal time restrictions that shield individuals from unnecessary litigation by preventing claims filed after the deadline has expired. These limitations of time can differ depending on the state of origin and claim type and are usually subject to special or limited exemptions. For instance, in New York, if you are seeking to file a lawsuit over injuries sustained in an automobile accident the statute of limitations for these types of cases is three years. The statute of limitations for civil actions which involve negligence is two years. This includes medical negligence, product liability and the wrongful death of a person. A lawyer can help determine the time limit applicable to your case and ensure it is filed on time. A knowledgeable lawyer can examine your case and suggest any possible extensions or waivers of the statute of limitations in your case. You should be aware that even the time your statute of limitations has passed, you could have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to speak with an attorney as soon as you can about your situation, so that they can provide you with the options that are available. In Lakewood of instances, the statute of limitations starts to run from the date of the incident that led to your injury. However, in certain situations such as exposure to harmful substances or medical negligence the statute of limitations does not start to run until you have realized or reasonably should have realized that your injury was caused by the negligent act. This is referred to as the discovery rule. There are also some instances where the statute of limitations has been “tolled” or suspended, but these situations are highly fact-specific and must be analyzed by a skilled personal injury lawyer. Our lawyers at Littman & Babarz can assist you if you have been injured by an unintentional act of another. Contact us today to arrange a free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. Damages is the legal term used to describe this. There are two types of damages: general and special. General damages are meant to provide you with compensation for your losses like medical bills as well as lost wages and discomfort and pain. Funeral expenses and emotional distress may be included in special damages. If your loved one died due to reckless behavior by another, you may be able to recover wrongful death damage. To hold the party responsible accountable for your injuries, a court must determine four elements that include breach, duty, damages and causation. To establish a defendant's duty, they must be legally bound to act in a responsible manner in the given circumstance. In the event of a breach of this obligation is referred to as negligence. The injury you suffered was directly caused by a violation of this duty. To be eligible for damages the injury must have caused significant damage or injury. A car crash that results in an injured hand could cause significant medical expenses, and most likely a loss of income. The injury was caused directly due to the defendant's negligence or reckless actions. A wrongful death claim could include funeral and burial expenses for your loved one, as well as the emotional distress that you or your family felt. Damages that are not financial are more difficult to quantify. Your lawyer will employ a variety of methods to determine the amount of your pain. Keeping a journal of your daily pain levels and how your injuries have affected your physical, mental and emotional health can aid in your claim for these damages. Many insurance companies undervalue these damages in order to avoid paying larger settlements. In rare cases you may be able to seek punitive damages to punish the responsible party. These damages are only available when a judge or jury feels that the conduct of the defendant was particularly obscene. These kinds of compensation are typically awarded in the case 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 with malice, willful or fraud, as well as 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 case is heard, a jury will determine the amount you will be awarded for your injuries and losses. In many cases however, the parties will agree to settle their dispute outside of court. This means they can avoid the time and cost of a trial. This also allows victims to collect their compensation earlier than if they waited for the trial process to complete. The settlement for personal injuries will include 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 like pain, suffering and the loss of enjoyment your life. It can be difficult to put a monetary amount on these losses, but an experienced lawyer can help you determine the worth of your injuries. Typically an insurance company will typically offer a settlement prior to the case goes to trial. They will examine the evidence you've collected and determine what they feel your claim is worth. You may have to file an offer letter, which includes your evidence and a request for an appropriate compensation amount. The insurer will likely offer you a counter-offer which is usually lower than your requested amount. Your lawyer can negotiate with the insurance company to negotiate a fair settlement for your injuries. If you have a valid claim the settlement will pay your medical expenses and other expenses out of pocket due to your accident. In certain cases your settlement could 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 type of compensation is typically awarded to spouses and children who have suffered because of the death of a loved one due to an accident caused by another's negligence. Punitive damages can be awarded if the defendant is found to have been negligent. This type of compensation is designed to penalize the defendant and deter others from engaging in reckless conduct. Filing an action After contact with an attorney for personal injuries the client must begin collecting evidence of their losses. This can include documents such as medical records, police reports and insurance policies. Documentation of loss of income or property damage should also be included in a claim. If the parties are unable to reach a settlement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can bring a lawsuit against the defendant. The complaint will detail the claimant's account of the events, explain how the actions of the defendant harmed them and ask for relief in the form monetary compensation. A summons is also filed and personally handed over to the defendant. It is a notification that they are being accused of a crime. The defendant will then have a certain amount of time to reply. In this process both sides will go through the discovery phase in which each side will investigate the other's claims and defenses. This could take a considerable amount of time, and will likely involve a lot of documentation. A lawyer can aid in preparing for trial by arranging expert witnesses and gathering evidence. They can also to assist in the calculation of damages. They may also submit a demand to the insurance company for an appropriate settlement. The insurance company may accept, decline or counteroffer the offer. It is important to have a knowledgeable lawyer to protect your rights and maximize your payout. The right attorney can comb through all of the evidence available to ensure that you are compensated for every loss. They can also assist you to reduce unnecessary costs and track the money you're entitled to. New York law allows for each person to be compensated for their part of the responsibility if more than one person is responsible for an accident. A knowledgeable attorney can assist with workers' compensation cases. Certain personal injury cases require the use of experts in fields like economics, medicine and engineering. Your lawyer can assist you in locating experts who can testify to support your case. Depending on the circumstances, some cases could go to trial, while others settle out of court.