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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist injured victims to receive fair compensation. To be able to claim full damages, it's important to keep track of your losses meticulously. Keep an eye on all medical expenses and out-of the pocket expenses. Economic damages include the cost of your current and future medical expenses as well as lost wages. It also covers your suffering and pain as well as the loss of companionship. Statute of limitations If you've suffered injuries 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 limitations that protect the parties from unnecessary litigation by preventing claims filed after the deadline has expired. The time limitations vary by state and claim type and are typically subject to specific or limited exceptions. In New York, for example, if you wish to file a lawsuit for injuries that result from a car crash, 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 limitation is two years. A lawyer can assist you in determining 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 extensions or waivers that could be possible. It is important to be aware that even the time your statute of limitations is over, you may have other claims for compensation that relate to your injuries. Chesapeake injury lawsuits includes workers' compensation and Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your situation, so that they can inform you of the options available. In most cases, the statute of limitations begins to run from the date of the incident which caused your injury. However, in some situations like exposure to toxic substances or medical malpractice the statute of limitations does not begin to run until you have realized or should have known that your injury was the result of a negligent action. This is known as the discovery rule. There are a few rare instances in which the statute of limitations is “tolled”, or suspended. These cases are factual and require a skilled personal injury lawyer to look into. If you've suffered injury due to someone else's wrongful conduct, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term for this is “damages.” There are two types of damages that are general and special. General damages are meant to compensate you for your losses like medical bills or lost wages, as well as discomfort and pain. Funeral expenses and emotional stress may be included in special damages. If a loved one died because of another's reckless behavior you may also be entitled to damages for the wrongful death. A court must establish four elements in order to determine who is responsible for the harm you suffered: duty, breach of duty, causation and damages. To establish a defendant's obligation, they must be legally bound to act responsibly in the specific circumstance. Negligence is the failure to meet this obligation. A breach of this duty is a direct cause for the injury you suffered. The injury must have caused significant damage or caused serious harm to qualify for damages. A car crash that results in a severed hand would result in significant medical expenses and, most likely, a loss of income. The injury was directly caused by the defendant's careless or reckless actions. A wrongful death claim might involve the funeral and burial expenses for your loved one as well as emotional trauma that your family or you felt. The non-financial damages are more difficult to calculate. Your attorney will employ a variety of methods to calculate the worth of your suffering and pain. Keep a record of your pain levels throughout the day and how the injuries affected your mental, physical, and emotional well-being can help support your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements. In rare cases you may be able to obtain punitive damages to punish the party who was negligent. These damages are only available when the judge or jury believes that the defendant's behavior was particularly outrageous. This kind of compensation is usually granted in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. To receive these additional damages the lawyer must prove that the defendant committed the offense with malice, wantonness or fraud, as well as oppression or 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 parties, however, they agree to settle out of the courtroom. This allows them to avoid the time and expense of a trial. Additionally, it allows victims to receive their compensation sooner than they would have if they waited for the trial process to conclude. A personal injury settlement can include both economic and non-economic damages. The former includes costs such as medical expenses, lost wages, and property damage. The latter covers aspects such as suffering, pain, and loss of enjoyment your life. Calculating a dollar value for these damages is often challenging however, an attorney can help you determine what your injuries are worth. Insurance companies will usually offer a settlement to settle your case before it goes to trial. They will examine the evidence you've collected and determine how much they consider your claim. You may be required to provide an order letter, along with your evidence and an appropriate amount of compensation. The insurance company will likely send you a counter-offer, which is usually lower than the amount you request. Your attorney will then negotiate with the insurer to reach a fair settlement for your injuries. If you have a valid claim the settlement will pay your medical expenses as well as other out-of pocket expenses related to the accident. In some cases the settlement could also include a portion of any future treatment that your doctor predicts 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 granted to children or spouses who suffered as a result of the death of their loved one as a result an accident caused by someone else's negligence. You could also be eligible for punitive damages if the defendant is found to be especially negligent. This type of compensation is designed to punish the defendant and to discourage others from engaging in reckless behavior. Filing a Lawsuit After making contact with an attorney for personal injuries, a person should begin accumulating evidence of their losses. This can include documents such as medical records as well as police reports and insurance policies. Include documentation of damage to your property or lost income in your claim. If the parties are unable to reach a settlement or agreement, the attorney representing the plaintiff can start a lawsuit against the defendant. The complaint will outline the plaintiff's version of events, outline how the actions of the defendant harmed them, and request relief in the form 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 is given a specific amount of time in which to respond. During this process, both sides will complete the discovery phase, where each party investigates the defenses and claims of the other. This could take a considerable amount of time and will likely require a significant amount of documents. A lawyer can assist in prepare for trial by arranging expert witnesses and obtaining evidence. They are also able to assist in the calculation of damages. They may also submit 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 crucial to have a knowledgeable lawyer to ensure your rights are protected and maximize your recovery. An experienced attorney will be able to go through all the evidence available to confirm that your losses are being compensated. They can also weed out unnecessary expenses and assist you to keep track of all the money you are entitled to receive. New York law allows for everyone to be compensated for their part of the responsibility if more than one party is responsible for an accident. A competent lawyer can assist with claims for workers' compensation. Certain personal injury cases require the use of experts in fields such as medicine, economics and engineering. Your lawyer will assist you in selecting experts who can provide testimony to back your case. Based on the circumstances, certain cases could go to trial, while others settle out of court.