How to Document Your Personal Injury Compensation Claims
An attorney who specializes in personal injury can help injured victims win fair compensation. To be able to claim full damages, it is important to record your losses in a meticulous manner. This includes keeping the track of your medical expenses and out of pocket expenses.
Economic damages include the future and past medical expenses as well as lost wages. It also covers the pain and suffering you endured and the loss of companionship.
Statute of Limitations
If you've been injured by the negligence of someone else or by a wrongful act, you must begin a lawsuit as quickly as you can. Statutes of limitations are legal time limitations that safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. These time limits can vary depending on the state and the type of claim and are usually subject to specific or limited exemptions.
For instance in New York, if you are seeking to file a lawsuit relating to injuries sustained in an automobile accident the statute of limitations for these kinds of cases is three years. The time limit for civil actions involving negligence is two years. This includes medical malpractice, product liability, and accidental deaths.
A lawyer can help determine the time limit that applies to your case and ensure that it is filed on time. A lawyer with experience can analyze your case to determine if there are any extensions or waivers that could be available.
It is important to remember that even when the time limit has passed however, you may be able to file additional claims for compensation that relate to your injuries, including workers compensation or Social Security disability benefits. It is best to consult an attorney as soon as you can about your case, so that they can inform you of the various options available.
In most cases, the statute of limitations begins to run from the date of the underlying incident that caused your injury. In certain situations, such as exposure to toxic substances or medical malpractice, the statute of limitation does not begin until you realize or would have known that your injury was caused by a 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 scenarios are factual and require a skilled personal injury lawyer to evaluate. If read article 've suffered injury by someone else's reckless 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 accountable for your injuries. Damages is the legal term used to describe this. There are two types of damages: general and special. General damages are meant to compensate you for the costs resulting from your injury, which includes medical bills, lost income and pain and suffering. Funeral expenses and emotional stress may be included in special damages. If a loved one passed away due to the reckless conduct of another you may also be able to recover damages for wrongful death.
A court must establish four factors to determine who is responsible for your injuries such as breach of duty, causation, and damages. To establish a duty the defendant must be under an obligation under law to behave responsibly in a specific situation. Negligence is the failure to meet this obligation. A breach of this obligation is a direct cause of the injury you suffered. The injury must have caused significant damage or serious harm to qualify for damages.
For example a car crash that caused a broken arm could result in substantial medical expenses, and most likely the loss of wages. The injury was caused directly due to the defendant's negligence or reckless actions. A claim for wrongful death could involve the funeral and burial costs for your loved one and emotional trauma that you or your family suffered.
Non-financial damages can be more difficult to determine. Your attorney will use different methods to determine the worth of your pain. Maintaining a log of your pain levels throughout the day and how the injuries affected your physical, mental, and emotional well-being can aid in your claim for these damages. Insurance companies often undervalue these damages in order to avoid paying higher settlements.
In some rare instances you may be able to seek punitive damages to punish the negligent party. The damages can only be granted when the judge or jury finds the defendant's actions to be outrageous. This kind of compensation is typically awarded in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. To receive these additional damages, your lawyer must prove that the defendant committed the offense in a manner that was ill-intentional, shrewd or fraud, oppression, or a conscious disregard for the consequences of his or her actions.
Settlements
How your case is decided will determine the amount of compensation you receive. If your case goes to trial the jury will decide what to award you for your losses and injuries. In many cases, the parties will agree to settle the matter outside of court. This lets them save the time and money of a trial. This means that victims can get their compensation sooner than the time they would have to wait for the trial to be concluded.
The settlement for a personal injury includes the economic as well as other damages. The former includes costs such as medical expenses, lost wages, and property damage. The latter include things such as suffering and loss of enjoyment of life. It isn't always easy to quantify the value on these losses, but an experienced lawyer can assist you in determining the worth of your injuries.
Insurance companies will usually offer an agreement to settle your claim before it goes to trial. They will examine the evidence that you have collected and determine how much they will consider your claim. You may be required to submit a 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 typically lower than what you requested. Your attorney will then negotiate an acceptable settlement with the insurer.
If you have an appropriate legal claim, the settlement will generally cover your medical bills and other expenses out of pocket related to the accident. In some instances, your settlement may also include a portion of any future treatment your doctor estimates that you'll 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 kind of compensation is usually awarded to spouses and children who suffer because of the death of a loved one in an accident caused by another's negligence.
Punitive damages can be awarded when the defendant is found to have been negligent. This type of compensation is intended to penalize the defendant and discourage others from engaging in similar reckless behaviors.
Filing a Lawsuit
After making contact with an attorney for personal injury the client should begin collecting documentation of their losses. Documents like medical records, police reports and insurance policies could be included. Documentation of lost income or property damage must be included in an insurance claim.
If the parties are unable come to an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can file a suit against the defendant. The complaint will outline the claimant's account, explain the actions of the defendant, and request for an amount of money. A summons is also filed and personally handed over to the defendant. It is a formal notice that they are being sued. The defendant has a limited timeframe to respond.
In this process each side will complete the discovery phase, where each side investigates the other's claims and defenses. This can take a significant amount of time, and will likely require a significant amount of documentation.
A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They can also to assist in the calculation of damages. They may also request an equitable settlement from the insurance company. The insurance company could accept the offer, reject it, or counter-offer.
It is essential to hire a knowledgeable lawyer to ensure your rights are protected and maximize your recovery. An experienced attorney can go through all the evidence available to ensure that your losses are being compensated. They can also assist you to reduce unnecessary costs and track the money 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 in workers compensation cases.
Some personal injury cases may require experts from areas like economics, medicine, and engineering. Your lawyer will assist you select an appropriate specialist to testify in support of your case. Based on the facts of the case, it may be decided outside of court or at trial.