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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. Documenting your losses is essential to receive the full amount of damages. 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 covered are suffering and pain and loss of companionship. Statute of Limitations If you've suffered an injury because of a negligent act or negligence it is imperative that you act quickly and file 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 been met. These limitations of time can differ according to the state and the type of claim and are typically subject to specific or limited exemptions. For instance in New York, if you are seeking to file a lawsuit relating to injuries sustained in an automobile accident, the statute of limitations for these kinds of cases is three years. The time limit 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 assist you in determining the statute of limitations applicable to your case and ensure that it is filed on time. An experienced lawyer will analyze your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to keep in mind that even the statute of limitations has run out, you may still be able to file other claims for compensation relating to your injuries, such as workers' compensation or Social Security disability benefits. However, it is advised to speak with an attorney regarding your case as soon as possible, so that he or she can provide you with all your options. In most instances, the statute of limitations will run from the date of the incident that caused your injury. However, in certain circumstances, such as exposure to toxic substances or medical negligence, the statute of limitations will not begin to run until you realize or ought to have realized that your injury was caused by a negligent action. This is referred to as the discovery rule. There are a few rare instances where the statute of limitations is “tolled” or suspended. These cases are factual and require a skilled personal injury lawyer to evaluate. If you've suffered injury because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today to schedule 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 types of damages: general and special. General damages are designed to compensate you for the expenses resulting from your injury, such as medical bills, lost income, and pain and suffering. Funeral expenses and emotional stress can be incorporated into special damages. If a loved one died because of another's reckless behavior you may also be entitled to damages for wrongful death. To hold the responsible party accountable for your injuries the court must establish four elements that include breach, duty, causation and damages. To establish a duty, the defendant must have a legal obligation to act responsibly in a specific circumstance. A failure to fulfill this obligation is called negligence. The injury you sustained is directly resulting from a breach of this duty. To be eligible for damages, the injury must have caused severe harm or caused significant damage. A car accident that causes an injured hand could cause significant medical expenses and most likely the loss of income. The defendant's reckless or careless actions directly contributed to the injury. The wrongful death claim can include funeral and burial expenses for your loved one, as well as emotional distress you or your family experienced. Damages that are not financial are more difficult to determine. Your attorney will employ different methods to determine the value of your pain and suffering. Keep a diary to document your pain levels throughout the day and how your injuries affect you mentally, physically, and emotionally. This will help prove your case. Insurance companies often undervalue the damages of their clients to avoid paying more settlements. In rare instances the attorney may pursue punitive damages. These are intended to punish the responsible party. The damages can only be awarded when the judge or jury finds the defendant's behavior to be particularly obscene. These types of compensation are usually awarded in cases of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. To be eligible for these additional damages, you must demonstrate to your lawyer that the defendant acted with malice, willfulness, or oppression, or a conscious disregard for the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation that you receive. If your case goes to trial the jury will decide how much to award you for your losses and injuries. In many cases, the parties will agree to settle out of court. They are able to avoid the lengthy and cost of a court trial. This also allows victims to receive their compensation sooner than if they waited for the trial process to conclude. The settlement for personal injuries will include damages that are both economic and non-economic. The former include expenses like medical expenses, lost wages and property damage. The latter include things like suffering and loss of enjoyment. It isn't always easy to put a monetary amount on these damages, but an experienced lawyer can help you determine the value of your injuries. Typically an insurance company will typically offer a settlement prior to the case goes to trial. They will look over the evidence you have collected and determine what they think your claim is worth. You may be required to submit an order letter, together with evidence and a request for a suitable amount of compensation. You'll likely receive a counter-offer from the insurer, which is typically lower than the amount you requested. Your attorney will then negotiate with the insurer to reach a fair settlement for your injuries. If you have a valid claim the settlement will cover the cost of your medical treatment and other out-of-pocket expenses associated with the accident. In some cases, your settlement will also include compensation for any future treatment that your doctor estimates you will need due to 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 typically awarded to spouses and children who suffer due to the death of a loved one in an accident caused by someone else's negligence. You could also be awarded punitive damages if the defendant is 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 After a person has spoken with an attorney for personal injuries the next step is to gather documentation of their losses. Documents such as medical records, police reports, and insurance policies may be included. Include documentation of property damage or lost income in your claim. If the parties cannot agree on an agreement the attorney for the plaintiff may file a lawsuit against the defendant. The complaint will provide the claimant's version, describe the defendant's actions and ask for an amount of money. A summons is also filed and delivered to the defendant. It is a formal notice that they are being accused of a crime. The defendant is given a certain amount of time in which to respond. During this phase each party will complete the discovery process in which they examine the defenses and claims of the other side. Buffalo injury attorneys could be a lengthy process that may require an extensive amount of documentation. A lawyer can help to prepare for trial by arranging expert witnesses and collecting evidence. They can also to assist in the calculation of damages. They may also request an appropriate settlement from the insurance company. The insurance company could accept, decline or counteroffer the offer. It is essential to have an attorney who knows the law in order to protect your rights and maximize the amount of compensation you receive. An experienced attorney will be able to go through all the evidence available to verify that your losses are being compensated. They can also assist you to eliminate unnecessary expenses and track the amount 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 responsible for an accident. A skilled lawyer can also assist with workers' compensation claims. Some personal injury cases may require the assistance of experts in fields like economics, medicine, and engineering. Your lawyer will help you choose a qualified expert to testify in support of your case. Based on the situation, some cases could be tried in court, while others settle out of court.