How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can assist injured victims receive fair compensation. Documenting your losses is essential to receiving full damages. Keep the track of all medical expenses and out-of pocket costs.
Economic damages are a result of the future and past medical expenses and lost wages. Also covered are suffering and pain as well as loss of companionship.
Statute of limitations
If you've been injured due to negligence or a negligent action, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal limitations that protect parties from unnecessary litigation by preventing claims from being filed after the deadline has been met. The time limitations can differ depending on the state and claim type and are typically subject to limited or special exemptions.
In New York, for example for instance, if you want to file a lawsuit for injuries sustained in a car accident the statute of limitations are three years. For civil actions that involve negligence, such as medical malpractice, product liability and wrongful death the statute of limitations is two years.
A lawyer can assist you in determining the statute of limitations applicable to your case and ensure that the case is filed in time. A lawyer with experience will analyze your case to determine if there are extensions or waivers that might be available.
It is important to note that even when the time limit has passed, you may still be able to file additional claims for compensation related to your injuries, like workers' compensation or Social Security disability benefits. It is recommended to speak with an attorney about your situation as soon as you can, so that he or she can provide you with the options available to you.
In most cases, the statute of limitations starts to run from the date of the incident which caused your injury. In some instances, like exposure to toxic materials or medical malpractice the time limit does not begin until you are aware, or reasonably could have realized that your injury is caused by a 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 evaluate. If you've suffered injury because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today to schedule your free consultation.
Damages
A personal injury claim seeks financial compensation from the person 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 intended to pay for the losses you have suffered like medical bills or lost wages, as well as pain and discomfort. Special damages may include funeral costs and emotional stress. If your loved one passed away because of reckless behavior by another, you may be able recover the cost of wrongful death.
A court must establish four factors to determine the party responsible for the harm you suffered: duty, breach of duty, causation and damages. To establish the duty, the defendant must have an obligation under law to be responsible in a specific circumstance. Negligence is the failure to meet this duty. The injury you suffered is directly caused by a breach of this obligation. The injury must have caused substantial damage or caused serious harm to qualify for damages.
A car accident that causes an injury to the hand could result in significant medical expenses, and most likely a loss of income. The defendant's careless or reckless actions directly contributed to the injury. The wrongful death claim could include funeral and burial expenses for your loved one, as well as emotional distress you or your family have endured.
Non-financial damage is more difficult to quantify. Your lawyer will employ different methods to calculate the worth of your pain and suffering. Keeping a journal of your pain levels throughout the day and how your injuries have affected your mental, physical and emotional well-being could aid in your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements.
In some cases the attorney may seek punitive damages, which are designed to penalize the party who was negligent. These damages are only available if the judge or jury believes that the defendant's conduct was particularly obscene. This kind of compensation is usually granted in cases involving drunk driving accidents, or malicious acts, as well as nursing home abuse. To receive these additional damages your lawyer must demonstrate that the defendant was acting with malice, wantonness, fraud, oppression, or a conscious disregard for the consequences of his or her actions.
Settlements
The way your case is resolved will determine the amount of compensation you will receive. If your claim goes to trial the jury will determine how much they will pay you for your injuries and losses. In many cases the parties will agree to settle the matter outside of court. This allows them to save the time and money of a trial. This means that victims can receive their compensation earlier than the time they would have to wait for the trial to be completed.
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 such as pain, suffering and loss of enjoyment of your life. The process of determining a value for these damages is usually difficult however an attorney can help determine the value of your injuries.
Typically an insurance company will typically offer a settlement before your case goes to trial. They will look over the evidence you've gathered and determine how much they value your claim. You may be required to submit a letter of demand, along with your evidence and a request for a suitable amount of compensation. Most likely, you will receive a counter-offer by the insurer, which is usually lower than the amount you requested. Your lawyer can negotiate with the insurer to reach a fair settlement for your injuries.
If accident injury lawyers have a valid legal claim, the settlement will typically cover your medical bills as well as other out-of-pocket expenses due to the accident. In some cases, your settlement will also include compensation for future treatments that your doctor believes 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 type of compensation is usually granted to children or spouses who suffered as a result of the loss of a loved ones as a result of an accident that was caused by the negligence of another.
You could also be awarded punitive damages if the defendant is found to be negligent in particular. This kind of compensation is intended to penalize the defendant and deter others from engaging in reckless behavior.
Filing an action
After contacting an attorney for personal injuries, a person should begin collecting documentation of their losses. Documents like medical records, police reports, and insurance policies may be included. Documentation of loss of income or property damage should be included in an insurance claim.
If the parties cannot reach a settlement or agreement, the attorney representing the plaintiff can start an action against the defendant. The complaint will detail the claimant's account of the events, explain how the defendant's actions harmed them, and request relief in the form of financial compensation. A summons will also be filed and personally served on the defendant and serves as a notice that they are being sued. The defendant will then have the time to reply.
During this stage, both parties will complete the discovery process where they look into the claims and defenses of the other side. This can take a significant amount of time, and will likely require a significant amount of documents.
A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in calculating damages. They may also request a fair settlement from the insurance company. The insurance company could accept, decline or counter-offer the offer.
It is vital to have an attorney who is familiar with the law to safeguard your rights and maximize your recovery. The right attorney will be able to go through all the evidence to ensure that your losses are compensated. They can also help you eliminate unnecessary costs and track the amount you're entitled to.
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 claims for workers' compensation.
Certain personal injury cases could require experts from areas like medicine, economics, and engineering. Your lawyer can assist you in locating an expert who can provide testimony to support your case. Based on the circumstances of a case, it could be decided outside of court or in a trial.