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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims receive fair compensation. The process of documenting your losses is vital to receive the full amount of damages. Keep the track of all medical expenses as well as out-of pocket costs. Economic damages include the costs of your past and future medical expenses as well as lost wages. Also covered are the pain and suffering and loss of companionship. Statute of limitations If you've been injured by a negligent act or negligence it is imperative that you act quickly and make a personal injury claim before the statute of limitations runs out. Statutes of limitations are legal time limits that 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 they are often subject to special or limited exceptions. For instance in New York, if you would like to file a lawsuit relating to injuries sustained in an auto accident, the statute of limitations for these kinds of cases is three years. For other civil actions that involve negligence like medical malpractice and product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can assist you determine the statute of limitations that applies to your case and ensure it is filed in a timely manner. An experienced lawyer can also 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 when the statute of limitations has run out but you might still be able to file additional claims for compensation related to your injuries, including workers compensation or Social Security disability benefits. However, it is best to consult an attorney about your case as soon as possible to ensure that they can advise you of the options available to you. In the majority of cases, the statute of limitations begins to run from the date of the incident which caused your injury. However, in certain circumstances, such as exposure to toxic substances or medical negligence, the statute of limitations will not start to run until you realize or should have known that your injury was caused by the negligent act. This is referred to as the discovery rule. There are some rare situations in which the statute of limitations is “tolled” or suspended. These cases are factual and require an experienced personal injury lawyer to evaluate. If you've been injured by someone else's reckless conduct, the attorneys at Littman & Babiarz can help. Contact us for 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 injuries. The legal term used to describe this is “damages.” There are two groups of damages that are general and special. General damages are intended to pay for the losses you have suffered like medical bills as well as lost wages and pain and discomfort. Special damages could include funeral costs as well as emotional distress. If your loved one has died because of reckless behavior by another, you may be able recover damages for wrongful death. To hold the person responsible accountable for your injuries, a court must determine four elements which are breach, duty, causation and damages. To establish a defendant's duty to act responsibly, they must be legally bound to act responsibly in the particular circumstance. Negligence is the failure to perform this duty. A breach of this duty is the direct cause of the injury you suffered. To qualify for damages the injury must have caused severe damage or injury. For example, a car accident which resulted in a fractured arm would result in significant medical expenses, and most likely an interruption in wages. The defendant's careless or reckless actions directly led to the injury. The wrongful death claim can include funeral and burial costs for your loved one, as well as emotional stress you or your family have endured. Non-financial damages are more difficult to determine. Your lawyer will employ different methods to calculate the worth of your pain and suffering. Keeping a journal of your pain levels throughout the day and how the injuries affected your physical, mental and emotional well-being could aid in proving your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements. In some rare instances you may be able to obtain punitive damages to punish the negligent party. These damages are only available when a judge or jury feels that the defendant's behavior was particularly outrageous. These kinds of compensation are typically awarded in the case of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To receive these additional damages your lawyer must demonstrate that the defendant committed the offense with malice, wantonness or fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements The way your case is resolved will determine the amount of compensation that you will receive. If your claim is tried in court, a jury will decide the amount you're awarded for your losses and injuries. In many cases the parties will agree to settle their dispute outside of court. They are able to avoid the time and cost of an in-court trial. Additionally, it allows victims to receive their compensation earlier than if they waited for the trial process to complete. The settlement for personal injuries includes both economic and other damages. The former includes costs such as medical expenses, lost wages and property damage. The latter include things like suffering and pain, as well as the loss of enjoyment of life. It isn't always easy to determine a dollar amount on these damages, but an experienced lawyer can assist you in determining the value of your injuries. Typically an insurance company will usually offer a settlement prior to the case goes to trial. They will look over the evidence you have collected and determine what they feel your claim is worth. You might be required to submit an official letter of demand along with your evidence and an offer for a reasonable amount of compensation. You will most likely receive a counter-offer from the insurer, which is usually lower than the amount you requested. Your attorney will then negotiate a fair settlement with the insurance company. If you have a valid claim, the settlement will cover your medical expenses and other out-of pocket expenses related to your accident. In some cases the settlement could also include a portion of any future treatment that your doctor predicts you will require due to 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 granted to children or spouses who have suffered due to the death of a loved ones as a result of an accident that was caused by someone else's negligence. You could also be eligible for punitive damages if the defendant is found to be particularly negligent. This type of payment is intended to punish the defendant, and deter others from engaging in reckless behavior. Filing an action Once a person has contacted a personal injury lawyer, they should begin collecting evidence of their losses. Documents such as medical records, police reports and insurance policies can be included. Include documentation of damage to your property or lost income in your claim. If the parties cannot agree on a settlement or agreement, the attorney representing the plaintiff can start a lawsuit against the defendant. The complaint will detail the claimant's version of events, describe how the defendant's actions harmed them and ask for relief in the form of monetary compensation. A summons is also filed and personally handed over to the defendant. This is a notice that they are being sued. The defendant is given a specific amount of time in which to respond. During this time both sides will go through the discovery phase, where each side investigates the defenses and claims of the other. It can be a long process and may involve a great deal of documentation. A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They are also able to assist in the calculation of damages. Fort Lauderdale injury attorneys may also submit an offer to the insurance company for a fair settlement. The insurance company may accept, decline or counter-offer the offer. It is vital to have an attorney who is familiar with the law to protect your rights and maximize your recovery. An experienced attorney can go through all the evidence to confirm that your losses are being compensated. They can also assist you to cut out unnecessary costs and track the money you're entitled to. New York law allows for every person to be compensated for their share of the blame if more than one party is accountable for an accident. A competent lawyer can assist with workers' compensation claims. Certain personal injury cases require the involvement of experts in areas such as economics, medicine and engineering. Your lawyer will assist you select an appropriate specialist to testify and help support your case. Based on the circumstances, certain cases might go to trial while others settle out of court.