How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can assist victims of injuries get fair compensation. To be able to claim full damages, it is important to keep track of your losses meticulously. This includes keeping track of your medical expenses and out of pocket expenses.
Economic damages cover the costs of your past and future medical expenses as well as 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 should start a lawsuit as soon as possible. Statutes of limitations are legal restrictions that shield individuals from unnecessary litigation by preventing claims filed after the deadline has expired. The time limitations vary by state and type of claim, and are typically restricted to certain or specific exceptions.
In New York, for example, if you wish to file a lawsuit relating to injuries sustained in a car accident, the statutes of limitations are three years. The statute of limitations for civil actions which involve negligence is two years. This includes medical negligence, product liability, and wrongful deaths.
A lawyer can help you determine the statute of limitation that applies to your particular case, and ensure that it is filed on time. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations that apply.
It is important to note that even if the time limit has passed however, you may be able to file other claims for compensation that relate to your injuries, like workers compensation or Social Security disability benefits. It is recommended to consult with an attorney about your situation as soon as you can and so that he or she can advise you of all options.
In the majority of cases, the statute of limitations begins to run from the date of the underlying incident which caused your injury. In some situations, like exposure to toxic substances or medical malpractice, the statute of limitation is not established until you realize or should have known, that your injury is caused by a negligent action. This is referred to as the discovery rule.
There are also a few rare circumstances when the statute of limitations is "tolled" or suspended, but these cases 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 have been injured due to an unintentional act of another. Contact us today to set up your free consultation.
Damages
The goal of a personal injury claim is to receive financial compensation from the person accountable for your injury. The legal term used to describe this is "damages." There are two groups of damages which are: general and specific. General damages are designed to compensate you for the expenses resulting from your injury, including medical bills, lost income and suffering and pain. Special damages could include funeral costs and emotional distress. If a loved one passed away due to the reckless conduct of another, you can also recover damages for wrongful death.
To hold the person responsible accountable for your injury, a court must establish four elements: duty, breach, causation and damages. To establish a duty the defendant must be under an obligation under law to behave responsibly in a specific circumstance. A failure to fulfill this obligation is known as negligence. A breach of this obligation is the direct cause of the injury you suffered. The injury must have caused significant damage or caused serious harm to qualify for damages.
For instance, a car accident that caused a broken arm would have substantial medical costs and likely a loss of wages. The defendant's reckless or negligent actions directly caused the injury. The wrongful death claim could include funeral and burial costs for your loved one as well as emotional stress you or your family members have suffered.
Non-financial damages can be more difficult to calculate. Your lawyer will employ different methods to determine the value of your suffering and pain. Keeping a journal of your daily pain levels and how your injuries have affected your mental, physical, and emotional well-being can help support your claim for these damages. Insurance companies often undervalue these damages to avoid paying more settlements.
In rare cases, you can seek punitive damages to punish the responsible party. These damages are only awarded when an arbitrator or jury determines the defendant's behavior to be particularly obscene. This type of compensation is usually granted in cases of drunk driving accidents, intentional or malicious acts, and nursing home abuse. To obtain these additional damages your lawyer must demonstrate that the defendant committed the offense with malice, willful, fraud, oppression, or a conscious disregard for the consequences of his or her actions.
Settlements
The amount of compensation you receive for your injuries is contingent on how your case is determined. If your claim is contested, a jury will determine how much you are awarded for your losses and injuries. In many cases the parties will agree to settle their dispute outside of court. This lets them avoid the time and expense of a trial. This means that victims can receive their compensation earlier than those who had to wait for the trial to conclude.
A personal injury settlement includes both economic and non-economic damages. The former includes costs such as medical expenses, lost wages, and property damage. The latter include things like suffering and pain, as well as the loss of enjoyment of life. It can be difficult to quantify the value on these damages, but an experienced lawyer can assist you in determining the worth of your injuries.
Insurance companies usually offer settlements to settle your case prior to it goes to trial. They will review the evidence you've gathered and determine how much they will consider your claim. You may be required to provide a letter of demand, along with your evidence and an appropriate compensation amount. Most likely, you will receive a counter-offer from the insurer, which is usually less than what you asked for. Your attorney will then negotiate an equitable settlement with the insurance company.
If you have an undisputed legal claim, the settlement will generally cover medical expenses and other expenses out of pocket related to the accident. In some instances your settlement could include compensation for future treatment that your doctor predicts you will need as a result 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 kind of compensation is typically awarded to spouses or children who have suffered because of the loss of a loved one as a result an accident that was caused by the negligence of another.
Punitive damages may be awarded if the defendant is found to have been particularly negligent. This type of compensation is designed to punish the defendant and discourage others from engaging in similar reckless behavior.
Filing an action
Once a person has contacted an attorney for personal injuries and has been advised to collect evidence of their losses. This may include documents like medical records, police reports and insurance policies. Documentation of lost income or property damage should be included in a claim.
If the parties are unable to reach a settlement the lawyer for the plaintiff may file a suit against the defendant. The complaint will outline the plaintiff's version of events, outline how the actions of the defendant hurt them, and seek relief in the form monetary compensation. A summons will also be issued and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant is given a certain time frame in which to respond.
During this time each side will complete the discovery phase, where each side investigates the defenses and claims of the other. This could be a lengthy process and could require an extensive amount of documentation.
A lawyer can assist in prepare for trial by arranging experts to testify and gathering evidence. injury and accident lawyer can also to assist in the calculation of damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company could accept the offer, decline it or make a counteroffer.
It is vital to have an attorney who is familiar with the law to protect your rights and maximize your recovery. The right attorney can comb through all the available evidence to verify that you are being compensated for each loss. They can also help you eliminate unnecessary costs and track the amount you're entitled to.
New York law allows for everyone to be compensated for their part of the responsibility in cases where more than one party is responsible for an accident. A skilled lawyer can also assist with claims for workers' compensation.
Certain personal injury cases require the involvement of experts in areas such as medicine, economics and engineering. Your lawyer can assist you in locating an expert who can provide testimony to back your case. Depending on the circumstances, certain cases might go to trial, while others settle out of the court.