How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can help victims of injuries receive fair compensation. Documenting your losses is essential to receive the full amount of damages. Keep track of all medical expenses and out-of the pocket expenses.
Economic damages cover the future and past medical expenses and lost wages. It also covers the pain and suffering and loss of companionship.
Statute of Limitations
If you have been injured by a negligent negligence or action, it is important to act quickly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal restrictions that shield parties from unnecessary litigation by preventing claims filed after the deadline has passed. These limitations are different for each state and type of claim and they are often subject to specific or limited exceptions.
In New York, for example for instance, if you want to file a lawsuit for injuries that result from a car crash the statute of limitations are three years. The statute of limitations for civil actions involving 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 limitations that applies to your particular case and ensure that it is filed on time. A knowledgeable lawyer can examine your case and suggest any possible extensions or waivers of the statute of limitations that are in effect.
It is important to remember that even the statute of limitations has expired however, you may be able to file additional claims for compensation relating to your injuries, including workers compensation or Social Security disability benefits. It is recommended to speak with an attorney as soon as you can with regards to your situation, so they can inform you of the options available.
In the majority of cases, your statute of limitations starts to run from the date of the incident which caused your injury. However, in certain situations, such as exposure to toxic substances or medical malpractice the statute of limitations will not begin to run until you realize or should have known that your injury was caused by the negligent act. This is referred to as the discovery rule.
There are some rare situations in which the statute of limitations is "tolled", or suspended. These scenarios are factual and require an experienced personal injury lawyer to look into. If accident injury law firms 've been injured by someone else's reckless actions, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation.
Damages
The purpose of a personal injury claim is to receive financial compensation from the person responsible for your injuries. The legal term used to describe this is "damages." There are two types of damages: general and special. General damages are intended to compensate you for your losses like medical bills as well as lost wages and pain and discomfort. Special damages can include funeral costs as well as emotional stress. If your loved one has died due to reckless behavior by another, you may be able to recover wrongful death damage.
A court must establish four elements to determine the party responsible for the harm you suffered that result from a breach of duty, causation and damages. To establish a defendant's obligation to be legally bound to behave responsibly in the particular circumstance. Negligence is the failure to perform this duty. A breach of this obligation is the direct cause of the injury you suffered. The injury must have caused serious damage or serious harm to qualify for damages.
A car accident resulting in an injury to the hand could result in substantial medical costs and, most likely, loss of income. The injury was caused directly due to the defendant's negligence or reckless actions. A wrongful death claim might include funeral and burial costs for your loved one as well as emotional trauma that you or your family felt.
Non-financial damages are harder to determine. Your attorney will employ different methods to determine the value of your pain. Keep a record of your pain levels throughout the day and how the injuries have affected your mental, physical and emotional health can help support your claim for these damages. Many insurance companies underestimate the value of these damages to avoid paying higher settlements.
In some rare instances, you can seek punitive damages to punish the party who was negligent. These damages are only available when the judge or jury believes that the defendant's conduct was particularly outrageous. This type of compensation is usually granted in cases involving drunk driving accidents, intentional or malicious actions, and nursing home abuse. To be eligible for these additional damages, your lawyer must prove that the defendant was acting in a manner that was ill-intentional, shrewd or fraud, as well as 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 resolved. If your claim goes to trial the jury will decide how much they will award you for your injuries and losses. In a lot of cases parties, however to settle outside of the courtroom. They are able to avoid the lengthy and cost of the court trial. This also allows victims to recover their compensation earlier than they would have if they waited for the trial to conclude.
A personal injury settlement can include both economic and non-economic damages. The former includes costs such as medical expenses, lost wages, and property damage. The latter include aspects like suffering and loss of enjoyment of life. It isn't always easy to quantify the value on these losses, but an experienced lawyer can help you determine the value of your injuries.
Insurance companies usually offer a settlement to settle your case before it goes to trial. They will examine the evidence you've collected and decide what they believe your claim is worth. You may be required to submit a letter of demand, along with the evidence you have provided and an appropriate amount of compensation. The insurance company will likely make a counter-offer that is typically lower than your requested amount. Your lawyer can negotiate a fair settlement with the insurance company.
If you have an appropriate claim the settlement will cover the cost of your medical treatment and other out-of-pocket expenses associated with the accident. In some instances, your settlement will also include a portion of the future treatment that your doctor estimates you'll require due to 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 usually awarded to spouses and children who are suffering as a result of the loss of a loved one due to an accident caused by another's negligence.
You could also be awarded punitive damages if you were found to be negligent in particular. This type of compensation is designed to penalize the defendant and to discourage others from engaging in reckless conduct.
Filing an action
After contacting a personal injury attorney, a person should begin collecting documentation of their losses. This may include documents like medical records or police reports, as well as insurance policies. Include documentation of damage to your property or income loss in your claim.
If the parties are unable to reach a settlement the attorney for the plaintiff may bring a lawsuit against the defendant. The complaint will outline the claimant's account, explain the actions of the defendant and request for monetary compensation. A summons is also filed and delivered to the defendant. It is a formal notice that they are being sued. The defendant then has an appropriate amount of time to reply.
In this process each side will complete the discovery phase in which each side investigates the other's claims and defenses. This could take a considerable amount of time, and will likely require a lot of documents.
A lawyer can assist in prepare for trial by arranging for expert witnesses and collecting evidence. They are also able to assist in the calculation of damages. They may also submit a demand to the insurance company for a fair settlement. The insurance company may accept, reject or counteroffer the offer.
It is essential to hire a knowledgeable lawyer to ensure your rights are protected and maximize your compensation. An experienced attorney will be able to look through all the evidence available to verify that your losses are compensated. They can also help you eliminate unnecessary expenses and help to keep track of the money you are entitled to receive.
If more than one person is liable for the accident, New York law allows each one of them to claim the amount they owe. An experienced attorney can assist in workers' compensation cases.
Some personal injury cases require the assistance of experts in areas like economics, medicine and engineering. Your lawyer will assist you choose the right expert to testify and help support your case. Based on the specifics of the case, it may be resolved outside of court or at trial.