How to Document Your Personal Injury Compensation Claims
An attorney who specializes in personal injury can assist victims of injuries to obtain fair compensation. Documenting your losses is essential for obtaining full damages. This includes keeping the track of your medical expenses and out of pocket expenses.
Economic damages include the future and past medical costs and lost wages. Also, it covers your suffering and pain and the loss of companionship.
Statute of Limitations
If you've suffered injuries due to negligence or a negligent act, you must start a lawsuit as soon as possible. Statutes of limitations are legal time restrictions that protect parties from unnecessary litigation by preventing claims filed after the deadline has passed. These time limits vary by state and claim type and they are often subject to special or limited exceptions.
In New York, for example when you want to file a lawsuit relating to injuries that result from a car crash the statutes of limitation are three years. The time limit for civil actions which involve negligence is two years. This includes medical negligence, product liability and the wrongful death of a person.
A lawyer can help you determine the statute of limitation applicable to your case, and ensure that it is filed on time. A lawyer with experience can analyze your case to determine if there are extensions or waivers that may be available.
It is important to keep in mind that even when the statute of limitations has expired but you might still be able to file other claims for compensation that relate to your injuries, such as workers compensation or Social Security disability benefits. It is advisable to speak with an attorney as early as you can regarding your situation, so that they can provide you with all the options available.
In the majority of instances, the statute of limitations will expire on the date of the incident that caused you injury. In some situations, like exposure to toxic materials or medical malpractice the time limit is not established until you are aware, or reasonably would have known that your injury is result of a negligent act. This is referred to as the discovery rule.
There are also rare circumstances when the statute of limitations is "tolled" or suspended, but these cases are highly fact-specific and must be analyzed by a skilled personal injury lawyer. If you've suffered injury due to someone else's wrongful actions, the attorneys at Littman & Babiarz can help. Contact us to schedule an appointment for a free consultation.
Damages
A personal injury claim seeks financial compensation from the party who is responsible for your injury. Damages is the legal term used to describe this. There are two types of damages: general and special. General damages are designed to compensate you for your losses like medical bills, lost wages, and discomfort and pain. Special damages can include funeral costs and emotional distress. If your loved one has died due to the reckless conduct of another you may also be able to recover wrongful death damages.
A court must establish four elements in order to determine who is responsible for your injuries that result from a breach of duty, causation and damages. To establish a defendant's obligation, they must be legally bound to behave responsibly in the specific circumstance. Negligence is the failure to perform this obligation. A breach of this duty is the direct cause of the injury you suffered. The injury must have caused substantial damage or serious injury in order to be eligible for damages.
For example an accident in a car which resulted in a fractured arm would have substantial medical expenses and possibly a loss of wages. The defendant's reckless or negligent actions directly contributed to the injury. A wrongful death claim could involve the funeral and burial costs for your loved one and emotional distress that your family or you experienced.
Damages that are not financial are more difficult to quantify. Your attorney will employ various methods to determine the value of your pain and suffering. Keep a journal of your daily pain level and how your injuries affect you mentally, physically, and emotionally. This can help you prove your case. Insurance companies tend to undervalue these damages in order to avoid paying higher settlements.
In rare cases, you can seek punitive damages to punish the responsible party. The damages can only be awarded if an arbitrator or jury determines the defendant's conduct to be outrageous. These types of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious acts, and nursing facility abuse. To receive these additional damages your lawyer must demonstrate that the defendant committed the offense in a manner that was ill-intentional, shrewd, fraud, oppression, or conscious indifference to the consequences of his or her actions.
Settlements
How your case is decided will determine the amount of compensation that you will receive. If your claim is tried by a jury, the jury will decide the amount you're awarded for your losses and injuries. In many cases, the parties will agree to settle the matter outside of court. This means they can save the time and money of a trial. It also allows victims to recover their compensation sooner than they would have if they waited for the trial to be completed.
A personal injury settlement covers both economic and non-economic damages. The former covers costs like medical expenses as well as lost wages and property damage. The latter include aspects such as suffering and loss of enjoyment of life. The process of determining a value for these damages can be difficult, but an attorney can help determine the value of your injuries.
Typically an insurance company will offer an agreement before your case goes to trial. accident injury law firms will examine the evidence you have collected and decide what they believe your claim is worth. You may be required to provide an official letter of demand along with your evidence and an offer for a reasonable compensation amount. Most likely, you will receive a counter-offer by the insurer, which is typically less than what you asked for. Your lawyer can negotiate with the insurer to reach an equitable settlement for your injuries.
If you have a valid legal claim, your settlement will typically cover your medical bills and other expenses out of pocket related to the accident. In some instances your settlement could include compensation for any future treatment that your doctor predicts you will require due to the.
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 death of a loved one as a result an accident caused by the negligence of another.
Punitive damages may be awarded in the event that the defendant is determined to have been particularly negligent. This type of compensation is intended to punish the defendant, and discourage others from engaging in reckless behavior.
Filing an action
After making contact with a personal injury attorney, a person should begin accumulating evidence of their losses. This can include documents such as medical records, police reports and insurance policies. Documentation of loss of income or property damage should be included in a claim.
If the parties fail to reach an agreement, the plaintiff's lawyer may make a claim against the defendant. The complaint will detail the claimant's version, describe the actions of the defendant, and request for an amount of money. A summons will also be issued and personally served on the defendant as a notice that they are being sued. The defendant is given a certain time frame in which to respond.
During this stage each party will complete the discovery process in which they investigate the defenses and claims of the other side. This could take a considerable amount of time, and will likely require a significant amount of documents.
A lawyer can help prepare for trial by arranging for experts to testify and gathering evidence. They are also able to assist in the calculation of damages. They can also make an offer to the insurance company for an appropriate settlement. The insurance company can accept the offer, reject it, or counter-offer.
It is important to have an experienced lawyer who can protect your rights and maximize your compensation. An experienced attorney can go through all the evidence available to confirm that your losses are being compensated. They can also help you cut out unnecessary expenses and keep track of the amount of money you're entitled.
If more than one person is responsible for the accident, New York law allows each of them to recover for their share of responsibility. A knowledgeable attorney can assist with workers claims for compensation.
Some personal injury cases might require the use experts in fields such as medicine, economics, and engineering. Your lawyer will help you choose the right expert to provide testimony and support your case. Based on the circumstances, certain cases could go to trial, while others will settle outside of court.