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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims get fair compensation. It is crucial to document your losses to receive the full amount of damages. Keep the track of the medical expenses and out of expenses out of pocket. Economic damages include the cost of your past and future medical expenses, as well as lost wages. It also covers your suffering and pain and the 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 limits that protect parties against unnecessary litigation. They stop claims from being filed after the deadline. These limitations are different for each state and claim type and they are often restricted to certain or specific exceptions. In New York, for example when you want to file a lawsuit relating to injuries that result from a car crash the statutes of limitation are three years. For other civil actions that involve negligence such as medical negligence or product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help you determine the statute of limitations applicable to your case and ensure that it is filed on time. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to know that even when your statute of limitation has expired you may still have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is advised 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, your statute of limitations will begin running from the date of the incident that caused you injury. In some instances, like exposure to toxic substances or medical malpractice the statute of limitation is not established until you realize or could have realized that your injury is result of a negligent act. This is called the discovery rule. There are a few rare instances where the statute of limitation is “tolled” or suspended. These situations are highly factual and require a skilled personal injury lawyer to look into. Our lawyers at Littman & Babarz can assist you if you were injured as a result of an unintentional act of another. Contact us to schedule an appointment for a no-cost consultation. Damages The goal of a personal injury claim is to get financial compensation from the person responsible for your injury. The legal term used to describe this is “damages.” There are two kinds of damages that are general and special. General damages are meant to compensate you for your losses, such as medical bills, lost wages, and discomfort and pain. Funeral expenses and emotional distress may be included in special damages. If your loved one passed away due to reckless conduct by another, you may be able to recover the cost of wrongful death. To hold the person responsible accountable for your injuries, a court must establish four elements: duty, breach, causation and damages. To establish the duty the defendant must be under a legal obligation to behave responsibly in a particular situation. A failure to fulfill this obligation is referred to as negligence. A breach of this duty is the direct cause of the injury you suffered. To be able to claim damages, the injury must have caused serious damage or injury. For instance a car crash that caused a broken arm would have substantial medical costs and likely the loss of wages. The defendant's reckless or careless actions directly contributed to the injury. A claim for wrongful death could involve the funeral and burial expenses for your loved one as well as emotional trauma that your family or you suffered. Damages that are not financial are more difficult to calculate. Your lawyer will employ various methods to determine the value of your pain and suffering. Keep a journal of your daily pain level as well as how your injuries affect you mentally physical, emotionally, and physically. This will help support your claim. Insurance companies typically undervalue the damages of their clients to avoid paying more settlements. In rare instances, your attorney can pursue punitive damages. These are designed to punish the negligent party. These damages are only available if the judge or jury believes that the defendant's conduct was especially outrageous. These types of compensation are typically awarded in the case of drunk driving accidents, intentional or malicious acts, and nursing facility abuse. To be eligible for these additional damages, you need to show to your lawyer that the defendant's actions were motivated by willful or malicious intent, fraud or oppression or a conscious indifference to the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation that you receive. If your case is heard by a jury, the jury will decide the amount you're awarded for your injuries and losses. In many cases however, the parties will agree to settle out of court. This means they can avoid the time and cost of a trial. Additionally, it allows victims to collect their compensation sooner than they would have if they waited for the trial process to conclude. The settlement for personal injuries will include both economic and other damages. The former covers costs like medical expenses loss of wages, property damage. The latter include aspects such as pain and suffering and the loss of enjoyment. The process of determining a value for these damages can be difficult however an attorney can help you determine what your injuries are worth. Typically, an insurance company will typically offer a settlement prior to the case goes to trial. They will look over the evidence you've collected and determine what they think your claim is worth. You may need to file an official demand letter that is accompanied by your evidence and a request for the appropriate compensation amount. You'll likely receive a counter-offer from your insurer, which is typically lower than the amount you requested. Your attorney can then negotiate an equitable settlement with the insurer. If you have a valid claim, the settlement will cover your medical expenses as well as other out-of-pocket expenses due to the accident. In some cases your settlement could include a portion of the future treatments that your doctor believes you will need 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 kind of compensation is usually awarded to spouses and children who have suffered due to the death of a loved one in an accident caused by another person's negligence. You could also be eligible for punitive damages if the defendant is found to be negligent in particular. This type of payment is designed to punish the defendant and deter others from engaging in similar reckless behavior. Filing a Lawsuit After contacting an attorney for personal injuries the client should begin collecting documentation of their losses. Documents like medical records, police reports and insurance policies can be included. Documentation of lost income or property damage should also be included in the 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 file a suit against the defendant. The complaint will outline the claimant's argument, outline the actions of the defendant and request for an amount of money. A summons is also filed and personally served to the defendant and serves as a notice that they are being sued. The defendant is then given an appropriate amount of time to reply. During Sacramento injury attorney will go through the discovery process where they investigate the defenses and claims of the other. This can be a lengthy process and may involve a great deal of documentation. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They are also able to assist in calculating damages. They can also make a demand to the insurance company for a fair settlement. The insurance company could accept the offer, reject it, or counter-offer. It is important to have a knowledgeable lawyer to protect your rights and maximize your compensation. A good lawyer will be able to go through all the evidence available to verify that your losses are compensated. They can also help you eliminate unnecessary expenses and track the amount you're entitled to. If more than one person is at fault for the accident, New York law allows each one to be compensated for their part of the responsibility. A knowledgeable lawyer can also assist with claims for workers' compensation. Some personal injury cases might require experts from fields such as medicine, economics, and engineering. Your lawyer will assist you select an appropriate specialist to provide testimony and support your case. Based on the circumstances, some cases might go to trial while others will settle outside of court.