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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries get fair compensation. Documenting your losses is essential for obtaining full damages. This includes keeping track of your medical expenses and out-of-pocket expenses. Economic damages cover the cost of your past and future medical expenses as well as lost wages. It also covers suffering and pain and loss of companionship. Statute of Limitations If you've been injured due to the negligence of someone else or by a wrongful action, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal time restrictions that shield the parties from unnecessary litigation by preventing claims from being filed after the deadline has expired. These limitations are different for each state and type of claim and are typically subject to special or limited exceptions. In New York, for example when you want to bring a lawsuit against injuries caused by a car accident, the statutes of limitations are three years. For other civil actions that involve negligence like medical malpractice, product liability and wrongful death the statute of limitation is two years. A lawyer can help determine the statute of limitations applicable to your case, and ensure that it is filed in time. A knowledgeable lawyer can 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 however, you may be able to make claims for compensation that relate to your injuries, including workers' compensation or Social Security disability benefits. However, it is advised to speak with an attorney about your situation as soon as you can to ensure that they can advise you of the options available to you. In the majority of instances, your statute of limitations begins to expire on the date of the incident that led to your injury. In certain situations, such as exposure to toxic materials or medical malpractice the limitation period does not begin until you are aware or would have known that your injury was caused by a negligent act. This is referred to as the discovery rule. There are rare circumstances where the statute of limitation is “tolled”, or suspended. These situations are highly factual and require an experienced personal injury lawyer to evaluate. If you have been hurt due to someone else's wrongful actions, the attorneys at Littman & Babiarz can help. Contact us to schedule an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. Damages are the legal term used to describe this. There are two types of damages, general and special. General damages are designed to compensate you for costs resulting from your injury, which includes medical bills, lost income and suffering and pain. Kansas City injury attorney can include funeral expenses and emotional distress. If your loved one has died because of reckless behavior by another, you may be able recover the cost of wrongful death. A court must establish four elements in order to determine who is responsible for your injuries: duty, breach of duty, causation and damages. To establish the duty of a defendant, they must be legally bound to behave responsibly in the given situation. Failure to meet this obligation is known as negligence. The injury you suffered was directly caused by a violation of this obligation. The injury must have caused significant damage or serious harm in order to be eligible for damages. A car crash that results in an injured hand could cause significant medical expenses and, most likely, a loss of income. The injury was caused directly by the defendant's careless or reckless actions. A claim for wrongful death could involve the funeral and burial expenses for your loved one, as well as the emotional pain that your family or you felt. The non-financial damages are more difficult to quantify. Your attorney will use various methods to determine the value of your pain and suffering. Keep a journal to record your daily pain level and how your injuries have affected you physically, physically, and emotionally. This will help support your claim. Insurance companies tend to undervalue these damages to avoid paying higher settlements. In some rare instances you may be able to seek punitive damages to punish the negligent party. The damages can only be awarded if a jury or judge finds the defendant's conduct to be particularly outrageous. This type of compensation is usually granted in cases involving 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 with malice, willful or fraud, oppression, or a conscious disregard for the consequences of his or her actions. Settlements The way your case is resolved will determine the amount of compensation 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, parties agree to settle their claims outside of the courtroom. They are able to avoid the time and cost of the court trial. This allows victims to receive their compensation earlier than the time they would have to wait for the trial to be concluded. A personal injury settlement includes both economic and non-economic damages. The former include costs like medical expenses, lost wages and property damage. The latter include things such as pain and suffering and the loss of enjoyment. It can be difficult to put a monetary amount on these damages, however an experienced attorney can help you determine the worth of your injuries. Typically, an insurance company will usually offer an agreement before your case goes to trial. They will look over the evidence that you have gathered and determine how much they consider your claim. You may be required to submit a letter of demand, along with your evidence and a request for a suitable amount of compensation. Most likely, you will receive a counter-offer by the insurance company, which is usually less than what you asked for. Your attorney will then negotiate with the insurer to reach an acceptable settlement for your injuries. If you have a valid claim the settlement will pay the cost of your medical treatment and other expenses out of pocket associated with the accident. In some instances your settlement could include compensation for any future treatment your doctor believes you will 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 usually awarded to spouses or children who have suffered because of the death of their loved ones as a result of an accident caused by someone else's negligence. You could also be eligible for punitive damages if you were found to be negligent in particular. This type of payment is intended to punish the defendant, and to discourage others from engaging in reckless behavior. Filing a Lawsuit After making contact with a personal injury attorney one must begin collecting evidence of their losses. This could include documents such as medical records, police reports and insurance policies. Include evidence of damage to property or income loss in your claim. If the parties cannot reach a settlement, the plaintiff's attorney may bring a lawsuit against the defendant. The complaint will detail the claimant's account, explain the defendant's actions and ask for an amount of money. A summons is also issued and personally served on the defendant and serves as a notice that they are being sued. The defendant is then given a certain amount of time to respond. During this time, both sides will complete the discovery phase where each side will investigate the other's claims and defenses. This can take a significant amount of time and will likely require a significant amount of documents. A lawyer can assist in prepare for trial by arranging for expert witnesses and obtaining evidence. They can also assist in calculating damages. They may also request an equitable settlement from the insurance company. The insurance company can accept, deny or counteroffer the offer. It is crucial to hire an attorney who is knowledgeable of the law in order to protect your rights and maximize your recovery. The right attorney can comb through all the evidence available to ensure that you're being compensated for every loss. They can also assist you to cut out unnecessary costs and track the amount of money you're entitled. If more than one person is liable for the accident, New York law allows each one of them to claim for their share of responsibility. A skilled lawyer can also assist with workers' compensation claims. Some personal injury cases may require experts from fields such as economics, medicine, and engineering. Your lawyer will help you choose the right expert to provide testimony and support your case. Based on the circumstances of a case, it can be decided outside of court or at trial.