How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can assist injured victims get fair compensation. To receive full damages, it is important to document your losses carefully. Keep track of all medical expenses and out-of expenses out of pocket.
Economic damages include 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 by the negligence of someone else or by a wrongful act, you should start a lawsuit as soon as you can. Statutes of limitation are legal time limitations that protect the parties from unnecessary litigation. They prevent claims being filed after the deadline. The time limitations vary by state and claim type and are typically restricted to certain or specific exceptions.
For example, in New York, if you are seeking to file a lawsuit relating to injuries caused by an automobile accident the statute of limitation for these types of cases is three years. The time limit for civil actions that 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 that applies to your particular case and ensure that the case is filed in time. A lawyer with experience can review your case to determine if there are extensions or waivers that may be available.
It is important to keep in mind that even the statute of limitations has run out but you might still be able to make claims for compensation relating to your injuries, such as workers' compensation or Social Security disability benefits. However, it is advised to speak an attorney about your case as soon as you can and so that they can advise you of all your options.
In most instances, your statute of limitations begins to expire on the date of the incident that caused you injury. In certain situations, such as exposure to toxic substances or medical malpractice the statute of limitation is not set until you recognize that you could have realized 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 situations are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. Littman & Babiarz's attorneys can assist you if were injured as a result of an unintentional act of another. Contact us for an appointment for a no-cost consultation.
Damages
A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term used to describe this is "damages." There are two groups of damages: general and special. General damages are meant to compensate you for the expenses resulting from your injury, including medical expenses, lost income and pain and suffering. Funeral costs and emotional distress could be included in the special damages. If a loved one passed away because of another's reckless behavior you may also be able to recover damages for the wrongful death.
To hold the person responsible accountable for your injury, a court must determine four elements which are breach, duty, causation and damages. To establish a defendant's duty, they must be legally bound to act in a responsible manner in the given circumstance. A failure to fulfill this obligation is called negligence. The injury you suffered is directly caused by a violation of this obligation. The injury must have caused significant damage or serious harm to qualify for damages.
For example a car crash that resulted in a severed arm would result in significant medical costs and likely an interruption in wages. The defendant's careless or reckless actions directly caused the injury. The wrongful death claim may include funeral and burial expenses for your loved one, as well as emotional distress you or your family members have experienced.
Non-financial damages can be more difficult to calculate. Your lawyer will employ a variety of methods to determine the amount of your pain. Keep a journal to record your daily pain level as well as how your injuries have affected you physically physical, emotionally, and physically. This will help prove your case. Many insurance companies undervalue these damages in order to avoid paying higher settlements.
In some rare instances, you can seek punitive damages to punish the negligent party. These damages are only available if a judge or jury feels that the defendant's conduct was particularly outrageous. This kind of compensation is usually awarded in cases involving drunk driving accidents, or malicious acts, as well as nursing home abuse. To be eligible for these additional damages the lawyer must prove that the defendant was acting in a manner that was ill-intentional, shrewd, fraud, oppression, or a conscious disregard for the consequences of his or her actions.
Settlements
The amount you receive for your injuries will depend on how your case will be resolved. If your claim is tried in court, a jury will decide how much you are awarded for your injuries and losses. In many cases the parties will agree to settle out of court. They can avoid the time and expense of the court trial. This also allows victims to collect their compensation sooner than they would if they waited for the trial to be completed.
A personal injury settlement can include both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter includes aspects like suffering and loss of enjoyment. The process of determining a value for these damages is often challenging however, an attorney can help determine the value of your injuries.
Typically, an insurance company will offer a settlement before your case goes to trial. They will examine the evidence you've amassed and determine how they will consider your claim. You may be required to provide a letter of demand, along with the evidence you have provided and an appropriate compensation amount. You will most likely receive a counter-offer from the insurer, which is usually less than what you asked for. Your attorney can then negotiate an acceptable settlement with the insurance company.
If you have a valid claim the settlement will pay the cost of your medical treatment and other out-of-pocket expenses due to the accident. In some cases, your settlement may also include a portion of any future treatment that your doctor estimates that you will 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 type of compensation is typically awarded to spouses and children who have suffered due to the death of a loved one in an accident caused by someone else's negligence.
You could also be eligible for punitive damages if the defendant was found to be particularly negligent. This kind of compensation is intended to punish the defendant and discourage others from engaging in similar reckless behavior.
Filing a Lawsuit
After making contact with an attorney for personal injury the client should begin accumulating evidence of their losses. Documents like medical records, police reports, and insurance policies may be included. Documentation of loss of income or property damage must be included in an insurance claim.
If the parties are unable to reach an agreement, the plaintiff's attorney may bring a lawsuit against the defendant. The complaint will provide the claimant's account, explain the defendant's actions and ask for monetary compensation. A summons will also be issued and personally served on the defendant, which is a notification that they are being sued. The defendant is given a specific time frame in which to respond.
During this phase, both parties will complete the discovery process where they examine the claims and defenses of the other party. This can be a lengthy process that may require an extensive amount of documentation.
A lawyer can help prepare for trial by arranging for expert witnesses and obtaining evidence. They can also help calculate damages. They may also submit an offer to the insurance company for a fair settlement. The insurance company may accept the offer, reject it, or offer a counteroffer.
It is essential to hire a knowledgeable lawyer to ensure your rights are protected and maximize your payout. A competent lawyer can go through all evidence available to ensure that you are being compensated for every loss. YouTube can also eliminate unnecessary expenses and help you to keep track of the money you are entitled to receive.
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. A skilled attorney can also assist with workers compensation cases.
Some personal injury cases require the assistance of experts in areas such as medicine, economics and engineering. Your lawyer will help you select an appropriate specialist to testify in support of your case. Depending on the facts of the case, it may be decided out-of-court or at trial.