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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. In order to receive the full amount of damages, it is important to document your losses carefully. This includes keeping an eye on your medical expenses and out of pocket expenses. Economic damages cover the cost of your current and future 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 imperative that you act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitation are legal time limits that protect the parties from unnecessary litigation. They stop claims from being filed after the deadline. These limitations of time can differ depending on the state of origin and claim type, and are often subjected to specific or limited exemptions. In New York, for example for instance, if you want to bring a lawsuit against injuries sustained in a car accident the statute of limitations are three years. For other civil actions that involve negligence like medical malpractice, product liability and wrongful death, the statute of limitations is two years. A lawyer can help determine the statute of limitations applicable to your case and ensure that it is filed in a timely manner. A lawyer with experience will review your case to determine if there are extensions or waivers that could be available. It is important to note that even when the time limit has passed however, you may be able to file other claims for compensation that relate to your injuries, like workers' compensation or Social Security disability benefits. However, it is advised to speak with an attorney about your situation as soon as you can and so that he or she can advise you of all options. In most instances, your statute of limitations starts to expire on the date of the incident that led to your injury. In certain situations, such as exposure to toxic substances or medical malpractice the statute of limitation is not established until you recognize, or reasonably could have realized that your injury is caused by a negligent act. This is referred to as the discovery rule. There are a few rare instances in which the statute of limitations is “tolled”, or suspended. These situations are highly factual and require a knowledgeable personal injury lawyer to look into. If you have been hurt because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the party 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 designed to compensate you for the expenses resulting from your injury, which includes medical bills, lost income and suffering and pain. Funeral expenses and emotional distress may be included in special damages. If a loved one passed away because of another's reckless behavior you may also be entitled to damages for the wrongful death. A court must establish four elements in order to determine the party responsible for your injury: duty, breach of duty, causation, and damages. To establish a defendant's duty to be legally bound to act responsibly in the specific circumstance. Negligence is the inability to fulfill this obligation. The injury you suffered was directly caused by a violation of this obligation. To qualify for damages the injury must have caused serious harm or caused significant damage. A car accident resulting in a severed hand would cause significant medical expenses and, most likely, a loss of income. The defendant's reckless or negligent actions directly led to the injury. Provo injury lawyer might include funeral and burial costs of your loved one, as well as the emotional distress that you or your family felt. Non-financial damages are harder to determine. Your lawyer will employ a variety of methods to determine the amount of your pain. Keep a record of your pain levels throughout the day and how the injuries affected your physical, mental and emotional health can aid in proving your claim for these damages. Insurance companies typically undervalue the damages of their clients to avoid paying higher settlements. In rare cases, your attorney can pursue punitive damages, which are designed to penalize the party who was negligent. These damages are only available when the judge or jury believes that the defendant's behavior was particularly outrageous. These types of compensations are usually awarded in instances of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To obtain these additional damages your lawyer must demonstrate that the defendant acted in a manner that was ill-intentional, shrewd, fraud, oppression, or with a lack of awareness of the consequences of his or her actions. Settlements The amount of compensation you receive for your injuries is contingent on how your case is resolved. If your case is heard by a jury, the jury will decide the amount you're awarded for your injuries and losses. In a lot of cases parties, however, they agree to settle out of court. This lets them avoid the time and expense of a trial. This allows victims to get their compensation sooner than if they had to wait for the trial to be concluded. The settlement for a personal injury includes the economic as well as other damages. The former include expenses like medical expenses, lost wages and property damage. The latter include things such as suffering and pain, as well as the loss of enjoyment of life. It can be difficult to determine a dollar amount on these damages, however an experienced lawyer can assist you in determining the worth of your injuries. Insurance companies will usually offer an agreement to settle your case prior to it goes to trial. They will examine the evidence you've collected and decide what they believe your claim is worth. You may be required to submit a letter of demand, together with evidence and an offer for a reasonable amount of compensation. You'll likely receive a counter-offer from your insurer, which is usually lower than the amount you requested. Your attorney will then negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have a valid claim, the settlement will cover your medical expenses as well as other out-of pocket expenses associated with the accident. In certain cases, your settlement may also include a portion of any future treatment that your doctor predicts you'll 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 awarded to spouses and children who have suffered because of the loss of a loved one during an accident caused by another's negligence. You could also be awarded punitive damages if the defendant was found to be particularly negligent. This kind of payment is intended to penalize the defendant and to discourage others from engaging in reckless conduct. Filing an action After making contact with an attorney for personal injury, a person must begin collecting evidence of their losses. This could include documents such as medical records, police reports and insurance policies. Documentation of loss of income or property damage must be included in an insurance claim. If the parties are unable to reach a settlement the attorney for the plaintiff may bring an action 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 is also filed and personally handed over to the defendant. It is a formal notice that they are being sued. The defendant is given a certain amount of time in which to respond. During this time, both sides will complete the discovery phase where 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 the preparation for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They may also request an equitable settlement from the insurance company. The insurance company may accept, deny or counteroffer the offer. It is essential to hire an experienced lawyer to ensure your rights are protected and maximize your compensation. A good lawyer will be able to go through all the evidence to confirm that your losses are being compensated. They can also help you eliminate unnecessary costs and track the amount you're entitled to. New York law allows for everyone to be compensated for their part of the blame if more than one party is accountable for an accident. A knowledgeable attorney can assist in workers claims for compensation. Certain personal injury cases require the assistance of experts in fields like economics, medicine and engineering. Your lawyer will help you select an appropriate specialist to provide testimony and support your case. Depending on the circumstances, certain cases could go to trial, while others will settle out of court.