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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. To receive full damages, it's important to document your losses carefully. Keep track of all medical expenses as well as out-of the pocket expenses. Economic damages cover the future and past medical expenses and lost wages. Also, it covers your suffering and pain and the loss of companionship. Statute of Limitations If you've suffered an injury due to another person's wrongful negligence or action, it is important to act swiftly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time restrictions that protect the parties from unnecessary litigation by preventing claims filed after the deadline has expired. These limitations are different for each state and type of claim, and are typically restricted to certain or specific exceptions. In New York, for example for instance, if you want to bring a lawsuit against injuries caused by a car accident the statute of limitations are three years. For other civil actions involving negligence, such as medical malpractice, product liability and wrongful death the statute of limitation is two years. A lawyer can help determine the time limit that applies to your case and ensure that it is filed on time. An experienced lawyer can analyze your case to determine if there are extensions or waivers that could be possible. You should be aware that even the time your statute of limitations is over, you may have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. It is best to consult an attorney as soon as you can about your situation, so that they can advise you of the various options available. In most cases, your statute of limitations will run from the date of the incident that caused your injury. In some situations, like exposure to toxic substances or medical malpractice the time limit is not established until you recognize, or reasonably could have realized that your injury is result of a negligent act. This is known as the discovery rule. There are also a few rare circumstances when the statute of limitations is “tolled” or suspended, but these cases are very specific to the facts and need to be assessed by a competent personal injury lawyer. The attorneys at Littman & Babiarz can assist you if have been injured due to another person's wrongful behavior. Contact us for a free consultation. Damages The purpose of a personal injury claim is to receive financial compensation from the party responsible for your injuries. Damages is the legal term used to describe this. There are two types of damages, general and special. General damages are intended to compensate you for the costs resulting from your injury, including medical expenses, lost income and pain and suffering. Funeral costs 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. To hold the person responsible accountable for your injury, a court must determine four elements that include breach, duty, damages and causation. To establish the duty of a defendant, they must be legally bound to behave responsibly in the specific situation. A failure to fulfill this obligation is called negligence. The injury you suffered is directly caused by a breach of this duty. To be eligible for damages, the injury must have caused severe harm or caused significant damage. For example, a car accident which resulted in a fractured arm would have substantial medical expenses, and most likely the loss of wages. The injury was caused directly by the defendant's negligent or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one, and emotional pain you or your family members have suffered. Non-financial damages can be more difficult to calculate. Your lawyer will employ a variety of methods to calculate the value of your pain and suffering. Maintaining a log of your pain levels throughout the day and how your injuries have affected your mental, physical, and emotional well-being can aid in proving your claim for these damages. Insurance companies tend to undervalue these damages in order to avoid paying more settlements. In rare instances your lawyer can pursue punitive damages. These are intended to punish the negligent party. These damages are only available when the judge or jury believes that the defendant's conduct was particularly outrageous. These kinds of compensation are usually awarded in instances of drunk driving accidents, malicious or intentional actions, or nursing facility abuse. To be Paterson injury attorney for these additional damages your lawyer must demonstrate that the defendant acted in a manner that was ill-intentional, shrewd or fraud, oppression, or conscious indifference to the consequences of their actions. Settlements The amount of compensation you receive for your injuries is contingent on how your case is determined. If your claim is tried in court, a jury will decide the amount you will be awarded for your injuries and losses. In many cases however, the parties will agree to settle out of court. This allows them to avoid the time and expense of a trial. This means that victims can receive their compensation earlier than if they had to wait for the trial to be completed. The settlement for personal injuries includes damages that are both economic and non-economic. The former include expenses like medical expenses, lost wages, and property damage. The latter includes aspects like pain and suffering and the loss of enjoyment. It isn't always easy to quantify the value on these damages, however an experienced lawyer can assist you in determining the worth of your injuries. Insurance companies usually offer an agreement to settle your case prior to it goes to trial. They will look over the evidence you have gathered and determine how much they consider your claim. You might be required to submit an official letter of demand along with your evidence and an offer for a reasonable amount of compensation. The insurer will likely send you a counter-offer, which is often less than the amount you requested. Your attorney will then negotiate an equitable settlement with the insurance company. If you have a valid legal claim, the settlement will generally cover your medical bills and other expenses out of pocket related to the accident. In some instances your settlement could include compensation for any future treatment that your doctor estimates you'll require as a result 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 given to children or spouses who have suffered because of the loss of a loved ones as a result of an accident caused by someone else's negligence. You may also receive punitive damages if the defendant was found to be negligent in particular. This type of compensation is intended to punish the defendant and prevent others from engaging in similar reckless actions. Filing a Lawsuit Once someone has contacted an attorney for personal injury, they should begin to collect evidence of their losses. This could include documents such as medical records, police reports and insurance policies. Documentation of lost income or property damage should be included in an insurance claim. If the parties are unable come to an agreement, the plaintiff's lawyer may file a suit against the defendant. The complaint will outline the plaintiff's version of events, describe how the actions of the defendant harmed them, and request relief in the form monetary compensation. A summons is also issued and personally served on the defendant as a notice that they are being accused of a crime. The defendant will then have an appropriate amount of time to reply. In this stage, both parties will complete the discovery process in which they investigate the defenses and claims of the other party. This could be a lengthy process and may involve a great deal of documentation. A lawyer can help to prepare for trial by arranging expert witnesses and collecting evidence. They can also assist in calculating damages. They may also request an appropriate settlement from the insurance company. The insurance company could accept or decline the offer it, or offer a counteroffer. It is essential to have an attorney who is familiar with the law to safeguard your rights and maximize the amount of compensation you receive. A good lawyer will be able to look through all the evidence to confirm that your losses are being compensated. They can also weed out unnecessary expenses and help you to keep track of the amount you are entitled to receive. New York law allows for each person to be compensated for their part of the blame if more than one party is accountable for an accident. A knowledgeable lawyer can also assist with workers' compensation claims. Certain personal injury cases require the use of experts in areas such as medicine, economics and engineering. Your lawyer will help you choose a qualified expert to provide testimony and support your case. Based on the facts of the case, it may be decided outside of court or in a trial.