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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can assist injured victims to receive fair compensation. To receive full damages, it's important to keep track of your losses meticulously. Keep an eye on all medical expenses as well as out-of expenses out of pocket. Economic damages cover your future and past medical expenses and lost wages. It also covers your suffering and pain as well as the loss of companionship. Statute of limitations If you have been injured because of a negligent action or negligence It is crucial to act swiftly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal time limitations that protect parties against unnecessary litigation. They prevent claims being filed after the deadline. The time limitations vary by 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 sustained in a car accident, the statutes of limitations are three years. For civil actions that involve negligence, such as medical malpractice and product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help you determine the statute of limitation that applies to your particular case, and ensure that it is filed on time. A knowledgeable lawyer can examine your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to remember that even the statute of limitations has run out however, you may be able to make claims for compensation related to your injuries, such as workers compensation or Social Security disability benefits. However, it is advised to speak with an attorney about your case as soon as you can, so that he or she can inform 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. However, in certain circumstances like exposure to harmful substances or medical negligence, the statute of limitations does not begin to run until you realize or reasonably should have realized that your injury was caused by the negligent act. This is called the discovery rule. There are also rare circumstances when the statute of limitations has been “tolled” or suspended, but these situations are extremely specific and should be analyzed by a skilled personal injury lawyer. Littman & Babiarz's attorneys can help you if you have been injured due to the negligence of another. 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 that are general and special. General damages are designed to compensate you for your losses, such as medical bills, lost wages, and pain and discomfort. Special damages may include funeral expenses and emotional stress. If your loved one has died because of reckless behavior by another person, you could be able to claim damages for wrongful death. A court must establish four factors to determine the party responsible for your injury such as breach of duty, causation and damages. To establish a defendant's obligation to act responsibly, they must be legally bound to behave responsibly in the particular circumstance. In the event of a breach of this obligation is called negligence. The injury you suffered was directly resulting from a breach of this obligation. The injury must have caused significant damage or caused serious harm in order to be eligible for damages. A car crash that results in an injury to the hand could result in significant medical expenses, and most likely the loss of income. The injury was directly caused by the defendant's careless or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one, and emotional pain you or your family have experienced. 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. Keeping a journal of your pain levels throughout the day and how your injuries have affected your physical, mental and emotional well-being could help support your claim for these damages. Insurance companies tend to undervalue the damages of their clients to avoid paying more settlements. In rare instances your lawyer can pursue punitive damages. These are designed to penalize the party who was negligent. The damages can only be granted when the judge or jury finds the defendant's conduct to be outrageous. This kind of compensation is usually granted in cases of drunk driving accidents, or malicious acts, as well as nursing home abuse. To receive these additional damages your lawyer must demonstrate that the defendant committed the offense in a manner that was ill-intentional, shrewd or fraud, oppression, or with a lack of awareness of the consequences of his or her actions. Settlements How your case is ruled will determine the amount of compensation that you receive. If your case is heard, a jury will determine the amount you will be awarded for your injuries and losses. In many cases the parties will agree to settle their dispute outside of court. This lets them avoid the time and expense of a trial. This also allows victims to collect their compensation earlier than they would have if they waited for the trial to conclude. The settlement for a personal injury includes both economic and other damages. The former includes costs like medical expenses, lost wage and property damage. The latter includes aspects like pain and suffering and the loss of enjoyment of life. Placing a monetary value on these damages is usually difficult, but an attorney can help you determine the value of your injuries. Insurance companies usually offer a settlement to settle your claim before it goes to trial. Hesperia injury lawyers will review the evidence you've collected and determine how much they will consider your claim. You might be required to submit an order letter, along with the evidence you have provided and an offer for a reasonable compensation amount. The insurer will likely offer you a counter-offer which is often less than the amount you requested. Your lawyer can negotiate an equitable settlement with the insurer. If you have an undisputed legal claim, your settlement will generally cover your medical bills as well as other out-of-pocket expenses due to the accident. In some cases the settlement could also include compensation for any future treatment that your doctor believes 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 type of compensation is typically awarded to spouses and children who have suffered because of the loss of a loved one due to an accident caused by another person's negligence. You may also receive punitive damages if you were found to be particularly negligent. This kind of compensation is intended to penalize the defendant and prevent others from engaging in similar reckless behavior. Filing a Lawsuit After making contact with a personal injury attorney, a person should begin collecting documentation of their losses. Documents such as medical records, police reports and insurance policies could be included. Documentation of lost income or property damage should also be included in a claim. If the parties cannot agree on a settlement the attorney for the plaintiff may bring a lawsuit against the defendant. The complaint will detail the claimant's argument, outline the defendant's actions and ask for 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 a certain amount of time to respond. During this time both sides will go through the discovery phase in which each side investigates the other's claims and defenses. This can be a lengthy process and may involve lots of documents. A lawyer can help to prepare for trial by arranging for expert witnesses and collecting evidence. They can also help calculate damages. They can also make an offer to the insurance company for an equitable settlement. The insurance company can accept the offer, reject it, or offer a counteroffer. It is important to have an experienced lawyer to protect your rights and maximize your compensation. The right attorney can comb through all the evidence available to ensure that you are being compensated for every loss. They can also weed out unnecessary expenses and assist you to keep track of the amount you are entitled to receive. If more than one person is liable for the accident, New York law allows each one of them to claim for their part of the responsibility. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases might require experts from fields like medicine, economics, and engineering. Your lawyer will assist you choose a qualified expert to provide testimony and support your case. Based on the situation, some cases may go to trial while others settle out of the court.