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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 receive full damages, it is essential to record your losses in a meticulous manner. This includes keeping track of your medical treatment and out-of-pocket expenses. Economic damages include the cost of your current and future medical expenses and 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 act, you must file a lawsuit as soon as possible. Statutes of limitation are legal time limits that protect the parties from unnecessary litigation. They stop claims from being filed after the deadline. These limitations of time can differ depending on the state and the type of claim and are usually subject to limited or special exemptions. For example in New York, if you want to file a lawsuit relating to injuries caused by an auto accident the statute of limitations for these cases is three years. For other civil actions that involve negligence like medical malpractice or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can assist you determine the time limit that applies to your case and ensure it is filed on time. An experienced lawyer can also examine your case and suggest any possible extensions or waivers of the statute of limitations in your case. It is important to be aware that even the time your statute of limitations is over, you may have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to speak with an attorney regarding your case as soon as possible and so that he or she can advise you of the options available to you. In the majority of cases, the statute of limitations begins to run from the date of the underlying incident that led to your injury. In certain situations, such as exposure to toxic materials or medical malpractice, the time limit does not begin until you are aware or should have known, that your injury was caused by a negligent action. Waukegan is called the discovery rule. There are also exceptional situations 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 have been hurt because of someone else's negligent behavior, the lawyers at Littman & Babiarz can help. Contact us today to schedule your free consultation. Damages A personal injury claim seeks financial compensation from the party who is responsible for your injury. The legal term used to describe this is “damages.” There are two kinds of damages that are general and special. General damages are meant to provide you with compensation for your losses, such as medical bills or lost wages, as well as discomfort and pain. Special damages could include funeral costs as well as emotional distress. If your loved one passed away due to reckless behavior by another person, you could be able to claim damages for wrongful death. A court must establish four elements in order to find the responsible party liable for your injury that result from a breach of duty, causation, and damages. To establish the duty of a defendant to be legally bound to act in a responsible manner in the particular situation. Negligence is the failure to meet this duty. The injury you suffered is directly caused by a violation of this obligation. To qualify for damages the injury must have caused significant harm or significant damage. A car accident that causes 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. A claim for wrongful death could include funeral and burial expenses for your loved one, as well as the emotional pain that you or your family experienced. Non-financial damages can be more difficult to determine. Your lawyer will employ different methods to calculate the value of your pain and suffering. Maintaining a log of your daily pain levels and how your injuries have affected your mental, physical, and emotional well-being can aid in 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 can seek punitive damages to punish the responsible party. These damages are only available if jurors or judges believe that the defendant's conduct was especially outrageous. These kinds of compensation are typically awarded in the case of drunk driving accidents, intentional or malicious acts, and nursing facility abuse. In order to receive these additional damages, you need to demonstrate to your lawyer that the defendant acted with willful or malicious intent, fraud or oppression or an avowed indifference to the consequences of their actions. Settlements How your case is decided will determine the amount of compensation that you will receive. If your claim goes to trial, a jury will decide how much to award you for your losses and injuries. In many cases, however, parties agree to settle out of court. They are able to avoid the time and expense of the court trial. This allows victims to get their compensation sooner than those who had to wait for the trial to be completed. The settlement for personal injuries will include damages that are both economic and non-economic. The former include costs like medical expenses, lost wages, and property damage. The latter includes aspects such as suffering, pain, and the loss of enjoyment your life. It isn't always easy to quantify the value on these losses, but an experienced lawyer can help you determine the worth of your injuries. Insurance companies typically offer an agreement to settle your case before it goes to trial. They will look over the evidence that you have amassed and determine how they value your claim. You might be required to submit a letter of demand, along with the evidence you have provided and a request for a suitable compensation amount. The insurer is likely to make a counter-offer that is typically less than the amount you requested. Your lawyer can negotiate with the insurer to reach a fair 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 cases the settlement could also include compensation for any future treatment 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 typically awarded to spouses and children who are suffering as a result of the death of a loved one due to an accident caused by another person's negligence. You could also be awarded punitive damages if the defendant is found to be especially negligent. This type of compensation is intended to punish the defendant, and to discourage others from engaging in reckless behavior. Filing a Lawsuit Once a person has contacted a personal injury lawyer and has been advised to collect evidence of their losses. This can include documents such as medical records, police reports and insurance policies. Include documentation of damage to your property or income loss in your claim. If the parties fail to reach a settlement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can make a claim against the defendant. The complaint will detail the claimant's version, describe the defendant's actions and ask for monetary compensation. A summons is also filed and delivered to the defendant. It is a formal notice that they are being accused of a crime. The defendant is given a certain amount of time in which to respond. During this process both sides will go through the discovery phase in which each party investigates the defenses and claims of the other. This can be a lengthy process and may involve lots of documents. A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They can also make an offer to the insurance company for an equitable settlement. The insurance company may accept, decline or counteroffer the offer. It is essential to have an attorney who knows the law to protect your rights and maximize your recovery. An experienced attorney will be able to look through all the evidence to verify that your losses are compensated. They can also help you eliminate unnecessary expenses and assist you to keep track of all the amount you are entitled to receive. New York law allows for every person to be compensated for their part of the responsibility if more than one party is responsible for an accident. A knowledgeable attorney can help with workers claims for compensation. Certain personal injury cases could require the use experts in areas like economics, medicine, and engineering. Your lawyer will help you select an appropriate specialist to provide testimony and support your case. Depending on the facts of the case, it can be decided out-of-court or at trial.