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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. In order to receive the full amount of damages, it's important to document your losses carefully. 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, it covers your pain and suffering as well as the loss of companionship. Statute of limitations If you've been injured by the negligence of someone else or by a wrongful act, you should begin a lawsuit as quickly as you can. Statutes of limitation are legal time limits that protect the parties from unnecessary litigation. They prevent claims from being filed after the deadline. These time limits vary by state and type of claim and are typically subject to special or limited exceptions. For example in New York, if you would like to file a lawsuit over injuries that result from an auto accident the statute of limitations for these types of cases is three years. For McAllen injury lawyer that involve negligence, such as medical malpractice and product liability, as well as wrongful death the statute of limitation is two years. A lawyer can assist you in determining the statute of limitation applicable to your case and ensure that it is filed in time. An experienced lawyer can review your case to determine if there are extensions or waivers that may be possible. It is important to note that even when the statute of limitations has run out however, you may be able to make claims for compensation that relate to your injuries, such as workers compensation or Social Security disability benefits. It is recommended to consult an attorney about your case as soon as possible and so that he or she can provide you with all options. In the majority of instances, your statute of limitations starts to run from the date of the incident that led to your injury. However, in some situations like exposure to toxic substances or medical malpractice the statute of limitations will not begin to run until you have realized or reasonably should have realized that your injury was caused by the negligent act. This is known as 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 evaluate. If you have been hurt by someone else's reckless conduct, the attorneys at Littman & Babiarz can help. Contact us for an appointment for a free consultation. Damages The goal of a personal injury claim is to obtain financial compensation from the party responsible for your injuries. The legal term used to describe this is “damages.” There are two kinds of damages: general and special. General damages are designed to provide you with compensation for your losses like medical bills, lost wages, and pain and discomfort. Special damages may include funeral costs and emotional stress. If your loved one has died due to reckless conduct by another person, you could be able to recover damages for wrongful death. To hold the person responsible accountable for your injuries, a court must establish four elements that include breach, duty, damages and causation. To establish the duty the defendant must be under a legal obligation to act responsibly in a particular situation. Negligence is the failure to perform this obligation. A breach of this duty is the direct cause of the injury you sustained. To be able to claim damages, the injury must have caused significant damage or injury. For example an accident in a car that resulted in a severed arm would result in significant medical expenses, and most likely the loss of wages. The defendant's reckless or negligent actions directly caused the injury. A wrongful death claim could involve the funeral and burial costs for your loved one and emotional distress that you or your family felt. Non-financial damages are more difficult to determine. Your attorney will employ different methods to determine the value of your pain. Keep a journal of your daily pain level as well as how your injuries have affected you mentally physical, emotionally, and physically. This will help support your claim. Insurance companies tend to undervalue these damages to avoid paying higher settlements. In rare cases you may be able to obtain punitive damages to punish the negligent party. The damages can only be awarded when the judge or jury finds the defendant's conduct to be particularly obscene. This type of compensation is typically awarded in cases involving drunk driving accidents, deliberate or malicious acts, as well as nursing home abuse. In order to receive these additional damages, you must show to your lawyer that the defendant acted with malice, willfulness, 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 you will receive. If your claim is tried by a jury, the jury will decide how much you are awarded for your injuries and losses. In a lot of cases parties, however to settle out of the courtroom. They can avoid the time and expense of an in-court trial. This means that victims can get their compensation sooner than those who had to wait for the trial to conclude. A personal injury settlement can include both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter includes aspects like suffering, pain and the loss of enjoyment your life. The process of determining a value for these damages is often challenging, but an attorney can help you determine the value of your injuries. Typically an insurance company will usually offer a settlement prior to the case goes to trial. They will examine the evidence you've amassed and determine how they will 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. You will most likely receive a counter-offer from the insurer, which is usually lower than the amount you requested. Your attorney will then negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have an appropriate claim the settlement will pay the cost of your medical treatment and other out-of pocket expenses related to your accident. In certain instances the settlement may also 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 type of compensation is usually granted to children or spouses who suffered as a result of the death of their loved one as a result an accident that was caused by someone else's negligence. You may also receive punitive damages if the defendant was found to be negligent in particular. This type of compensation is designed to punish the defendant and deter others from engaging in reckless behavior. Filing an action Once a person has contacted an attorney for personal injuries, they should begin to gather documentation of their losses. Documents such as medical records, police reports and insurance policies may be included. Documentation of lost income or property damage should also be included in a claim. If the parties fail to come to an agreement the lawyer for the plaintiff may make a claim against the defendant. The complaint will detail the claimant's version of events, outline how the defendant's actions harmed them and ask for relief in the form of financial compensation. A summons is also issued and personally served on the defendant, which is a notification that they are being sued. The defendant will then have a certain amount of time to respond. During this phase the parties will go through the discovery process in which they look into the defenses and claims of the other side. This could take a considerable amount of time, and will likely involve a lot of documentation. A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company may accept, decline or counter-offer the offer. It is vital to have an attorney who knows the law to safeguard your rights and maximize the amount of compensation you receive. A good lawyer will be able to go through all the evidence to ensure that your losses are compensated. They can also help you eliminate unnecessary costs and track the amount you're entitled to. If more than one person is responsible for the accident, New York law allows each one to be compensated for their part of the responsibility. An experienced attorney can assist with workers' compensation cases. Some personal injury cases might require experts from areas like economics, medicine, and engineering. Your lawyer will assist you choose a qualified expert to testify and help support your case. Based on the circumstances of a case, it can be resolved outside of court or in a trial.