How to Document Your Personal Injury Compensation Claims
A personal injury attorney can help injured victims win fair compensation. Documenting your losses is essential to receiving full damages. This includes keeping an eye on your medical expenses and out of pocket expenses.
Economic damages cover the cost of your current and future medical expenses as well as lost wages. Also covered are pain and suffering and loss of companionship.
Statute of Limitations
If you've suffered an injury by a negligent action or negligence It is crucial that you act quickly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time restrictions that protect the parties from unnecessary litigation by preventing claims filed after the deadline has been met. These limitations are different for each state and claim type and are typically restricted to certain or specific exceptions.
For instance in New York, if you would like to file a lawsuit relating to injuries sustained in an auto accident the statute of limitations for these cases is three years. For other 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 review your case to determine if there are any extensions or waivers that could be possible.
It is important to remember that even the statute of limitations has expired, you may still 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 speak with an attorney as soon as you can about your situation, so they can advise you of all the options that are available.
In most instances, the statute of limitations will run from the date of the incident that caused your injury. However, in certain circumstances like exposure to toxic substances or medical negligence the statute of limitations does not start to run until you have realized or reasonably should have realized that your injury was the result of a negligent act. This is known as the discovery rule.
There are also instances where the statute of limitations is "tolled" or suspended, but these situations are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. The attorneys at Littman & Babiarz can assist you if you have been injured due to the negligence of another. Contact us today to schedule your free consultation.
Damages
The purpose of a personal injury claim is to obtain financial compensation from the party responsible for your injury. Damages are the legal term used to describe this. There are two types of damages, general and special. General damages are meant to compensate you for losses associated with your injury, such as medical bills, lost income and pain and suffering. Special damages could include funeral costs and emotional distress. If your loved one died because of reckless behavior by another person, you could be able recover damages for wrongful death.
To hold the responsible party accountable for your injury, a court must establish four elements which are breach, duty, causation and damages. To establish a defendant's duty to act responsibly, they must be legally bound to act in a responsible manner in the particular circumstance. A failure to fulfill this obligation is called negligence. The injury you suffered is directly caused by a breach of this duty. To be able to claim damages the injury must have caused severe damage or injury.
For example an accident in a car which resulted in a fractured arm could result in substantial medical costs and likely the loss of wages. The injury was directly caused by the defendant's careless or reckless actions. A wrongful death claim could include funeral and burial costs for your loved one as well as emotional pain that your family or you experienced.
Non-financial damage is more difficult to quantify. Your attorney will employ different methods to determine the amount of your pain. Keep a journal of your pain levels throughout the day and how your injuries have affected you mentally, physically, and emotionally. This can help you prove your case. Many insurance companies undervalue the damages in order to avoid paying larger settlements.
In rare cases your lawyer can pursue punitive damages, which are designed to punish the negligent party. These damages are only available if jurors or judges believe that the defendant's behavior was particularly outrageous. This kind of compensation is usually awarded in cases of drunk driving accidents, or malicious actions, and nursing home abuse. To receive these additional damages your lawyer must demonstrate that the defendant acted with malice, wantonness or fraud, oppression, or conscious indifference to the consequences of their actions.
Settlements
The amount you receive for your injuries will depend on how your case is determined. If your claim is tried, a jury will determine the amount you will be awarded for your injuries and losses. In many cases however the parties will reach an agreement to settle the matter outside of court. They can avoid the time and expense of the court trial. It also allows victims to receive their compensation sooner than they would if they waited for the trial process to be completed.
The settlement for personal injuries will include the economic as well as other damages. The former covers costs such as medical expenses loss of wages, property damage. The latter includes aspects like pain, suffering and the loss of enjoyment your life. Placing a monetary value on these damages is often challenging however, an attorney can help determine what your injuries are worth.
Insurance companies usually offer a settlement to settle your case before it goes to trial. They will review the evidence you have collected and decide what they believe your claim is worth. You may be required to file an official demand letter that is accompanied by evidence and a request for the appropriate compensation amount. Most likely, you will receive a counter-offer from your insurance company, which is usually lower than what you requested. YouTube will then negotiate a fair settlement with the insurance company.
If you have a valid claim the settlement will cover your medical expenses as well as other out-of pocket expenses associated with the accident. In some instances your settlement could include compensation for future treatment that your doctor estimates you'll require 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 have suffered due to the death of a loved ones due to an accident that was caused by negligence of someone else's.
You could also be awarded punitive damages if you were found to be particularly negligent. This type of compensation is intended to penalize the defendant and deter others from engaging in similar reckless behavior.
Filing a Lawsuit
After contact with an attorney for personal injuries, a person must begin collecting evidence of their losses. This can include documents such as medical records or police reports, as well as insurance policies. Documentation of lost income or property damage should also be included in the claim.
If the parties are unable to reach a settlement the attorney for the plaintiff may start a lawsuit against the defendant. The complaint will outline the claimant's argument, outline the actions of the defendant and request for monetary compensation. A summons will also be filed and personally served to the defendant and serves as a notice that they are being accused of a crime. The defendant is given a certain timeframe to respond.
In this process both sides will go through the discovery phase in which each party investigates the defenses and claims of the other. This could take a considerable amount of time, and will likely involve a lot of documents.
A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They are also able to assist in calculating damages. They can also make an offer to the insurance company for an appropriate settlement. The insurance company could accept the offer, decline it, or offer a counteroffer.
It is important to have an experienced lawyer to ensure your rights are protected and maximize your recovery. An experienced lawyer will comb through all the evidence available to ensure that you are compensated for each loss. They can also help you eliminate unnecessary expenses and help to keep track of the amount you are entitled to receive.
If more than one person is at fault for the accident, New York law allows each one to be compensated for their share of responsibility. A skilled lawyer can also assist with workers' compensation claims.
Some personal injury cases may require the assistance of experts in areas like economics, medicine, or engineering. Your lawyer will assist you in selecting an expert who can testify to support your case. Depending on the facts of the case, it may be decided outside of court or at trial.