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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can help injured victims win fair compensation. Documenting your losses is essential for obtaining full damages. This includes keeping an eye on your medical expenses and out of pocket expenses. Economic damages are a result of your future and past medical expenses as well as lost wages. Also covered are the pain and suffering as well as 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 file a lawsuit as soon as you can. Statutes of limitations are legal time limitations that protect the parties from unnecessary litigation. They prevent claims being filed after the deadline. These time limits can vary according to the state and the type of claim, and are often subjected to specific or limited exemptions. For example, in New York, if you are seeking to bring a lawsuit for injuries sustained in an auto accident, the statute of limitations for these types of cases is three years. The time limit for civil actions which involve negligence is two years. This includes medical negligence, product liability and accidental deaths. 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 lawyer with experience will examine your case to determine if there are any extensions or waivers that could be possible. It is important to be aware that even when your statute of limitation has passed, you could 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 speak with an attorney about your case as soon as possible, so that he or she can advise you of all your options. In the majority of instances, your statute of limitations begins to begin running from the date of the incident that caused your injury. However, in some situations, such as exposure to harmful substances or medical negligence the statute of limitations does not begin to run until you have realized or reasonably should have realized that your injury was caused by a negligent action. This is referred to as the discovery rule. There are also instances where the statute of limitations has been “tolled” or suspended, however these circumstances are highly fact-specific and must be assessed by a competent personal injury lawyer. If you've been injured due to someone else's wrongful conduct, the attorneys at Littman & Babiarz can help. Contact us for a free consultation. Damages The purpose of a personal injury claim is to obtain financial compensation from the party responsible for your injuries. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are intended to compensate you for the expenses resulting from your injury, including medical bills, lost income and pain and suffering. Special damages may include funeral costs and emotional distress. If your loved one passed away due to reckless conduct by another, you may be able to recover wrongful death damage. A court must establish four elements in order to determine the party responsible for the harm you suffered that result from a breach of duty, causation and damages. To establish a defendant's obligation to act responsibly, they must be legally bound to act in a responsible manner in the given circumstance. Failure to meet this obligation is referred to as negligence. A breach of this duty is a direct cause of the injury you suffered. To qualify for damages, the injury must have caused serious harm or caused significant damage. For example an accident in a car that resulted in a severed arm would have substantial medical costs and likely an interruption in wages. The defendant's reckless or negligent actions directly led to the injury. A wrongful death claim could involve the funeral and burial costs for your loved one as well as emotional pain that you or your family felt. Damages that are not financial are more difficult to determine. Your lawyer will employ a variety of methods to determine the worth of your pain. Keeping a journal of your daily pain levels and how the injuries affected your mental, physical and emotional health can aid in your claim for these damages. Insurance companies tend to undervalue the damages of their clients to avoid paying higher settlements. In some cases your lawyer can seek punitive damages, which are meant to punish the responsible party. These damages are only awarded when an arbitrator or jury determines the defendant's conduct to be particularly obscene. Nampa injury attorneys of compensation is typically awarded in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. To be eligible for 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 that you will receive. If your case is heard in court, a jury will decide the amount you're awarded for your losses and injuries. In many cases however the parties will reach an agreement to settle out of court. They can avoid the time and cost of an in-court trial. This allows victims to receive their compensation earlier than those who had to wait for the trial to conclude. The settlement for personal injuries will include both economic and other damages. The former includes costs such as medical expenses as well as lost wages and property damage. The latter include things such as pain and suffering and the loss of enjoyment of life. It can be difficult to quantify the value on these damages, but an experienced lawyer can assist you in determining the worth of your injuries. Insurance companies usually offer a settlement to settle your case before it goes to trial. They will look over the evidence you've collected and determine what they think your claim is worth. You may be required to submit an official letter of demand along with your evidence and an offer for a reasonable compensation amount. Most likely, you will receive a counter-offer from the insurer, which is usually lower than the amount you requested. Your lawyer can negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have an undisputed legal claim, your settlement will typically pay for medical bills and other out-of-pocket expenses related to the accident. In some instances your settlement could include compensation for future treatment that your doctor estimates you will need because 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 granted to spouses and children who have suffered due to the death of a loved one during an accident caused by another person's negligence. Punitive damages are possible if the defendant is found to have been negligent. This kind of compensation is designed to penalize the defendant and prevent others from engaging in similar reckless behaviors. Filing an action Once someone has contacted an attorney for personal injury and has been advised collecting evidence of their losses. This could include documents such as medical records or police reports, as well as insurance policies. Include documentation of damage to your property or lost income in your claim. If the parties are unable reach a settlement, the plaintiff's lawyer 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 will also be issued and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant is given a certain timeframe to respond. During this process both sides will go through 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 will also be able to assist in the calculation of damages. They may also request an equitable settlement from the insurance company. The insurance company can accept, reject or counteroffer the offer. It is essential to have an attorney who is knowledgeable of the law in order to protect your rights and maximize your recovery. A good lawyer will be able to look through all the evidence to ensure that your losses are being compensated. They can also help you eliminate unnecessary expenses and assist you to keep track of all the amount you are entitled to receive. If more than one person is at fault for the accident, New York law allows each of them to recover the amount they owe. A skilled attorney can also assist in workers compensation cases. Some personal injury cases may require experts from fields like economics, medicine, or engineering. Your lawyer can assist you in locating an expert who will be able to provide evidence to support your case. Based on the circumstances, certain cases may be tried in court, while others will settle out of the court.