How to Document Your Personal Injury Compensation Claims
An attorney for personal injury can assist victims of injuries to obtain fair compensation. It is crucial to document your losses to receive the full amount of damages. This includes keeping the track of your medical treatment and out-of-pocket expenses.
Economic damages include your future and past medical expenses as well as lost wages. Also covered are the pain and suffering and loss of companionship.
Statute of Limitations
If you've suffered injuries due to negligence or a negligent act, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal limitations that protect individuals from unnecessary litigation by preventing claims filed after the deadline has passed. The time limitations vary by state and claim type and are usually restricted to certain or specific exceptions.
In New York, for example when you want to file a lawsuit for injuries that result from a car crash the statute of limitations are three years. The time limit for civil actions involving negligence is two years. This includes medical negligence, product liability, and accidental deaths.
A lawyer can help determine the statute of limitation applicable to your case, and ensure that it is filed on time. An experienced lawyer can also analyze your case and suggest any possible extensions or waivers of the statute of limitations in your case.
It is important to be aware that even when your statute of limitation has expired you may still have other claims for compensation relating to your injuries. This includes workers' compensation and 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 the various options available.
In most cases, the statute of limitations starts to run on the date of the incident which caused your injury. In some situations, like exposure to toxic materials or medical malpractice the statute of limitation is not set until you recognize or could have realized that your injury was caused by a negligent action. This is called the discovery rule.
There are some rare situations where the statute of limitation is "tolled", or suspended. These situations are highly factual and require a knowledgeable personal injury lawyer to look into. Our lawyers at Littman & Babarz can assist you if you have been injured due to an unintentional act of another. Contact us today to schedule 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 for this is "damages." There are two kinds of damages that are general and special. General damages are intended to compensate you for your losses like medical bills or lost wages, as well as discomfort and pain. Funeral expenses and emotional stress can be incorporated into special damages. If your loved one died due to reckless conduct by a third party, you could be able to recover damages for wrongful death.
To hold the party responsible accountable for your injuries, a court must establish four elements that include breach, duty, causation and damages. To establish a duty the defendant must be under an obligation under law to be responsible in a specific circumstance. Negligence is the failure to meet this duty. A breach of this obligation is a direct cause of the injury you suffered. The injury must have caused substantial damage or caused serious harm in order to be eligible for damages.
For example a car crash which resulted in a fractured arm would have substantial medical expenses and possibly the loss of wages. The defendant's reckless or negligent actions directly contributed to the injury. The wrongful death claim could include funeral and burial expenses for your loved one and emotional pain you or your family suffered.
Non-financial damages can be more difficult to determine. Your attorney will use different methods to determine the amount of your pain. Keep a journal of your daily pain level as well as how your injuries affect you mentally, physically, and emotionally. This will help support your claim. Insurance companies tend to undervalue the damages of their clients to avoid paying higher settlements.
In rare cases you may be able to seek punitive damages to punish the negligent party. The damages can only be granted when an arbitrator or jury determines the defendant's actions to be particularly obscene. These types of compensations are typically awarded in the case of drunk driving accidents, intentional or malicious actions, or 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 or fraud, oppression, or conscious indifference to the consequences of his or her actions.
Settlements
How your case is ruled will determine the amount of compensation you will receive. If your case is heard, a jury will determine the amount you're awarded for your injuries and losses. In many cases however the parties will reach an agreement to settle the matter outside of court. This means they can avoid the time and expense of a trial. This also allows victims to recover their compensation earlier than have if they waited for the trial to complete.
The settlement for personal injuries includes the economic as well as other damages. The former include costs like medical expenses, lost wages and property damage. The latter include things such as suffering, pain and loss of enjoyment of your life. It can be difficult to quantify the value on these damages, however an experienced lawyer can help you determine the value of your injuries.
Typically, an insurance company will usually offer a settlement prior to the case goes to trial. They will review the evidence you have collected and determine what they feel your claim is worth. You might be required to submit an order letter, along with your evidence and an offer for a reasonable compensation amount. The insurer is likely to make a counter-offer that is typically lower than your requested amount. Your lawyer can negotiate an equitable settlement with the insurer.
If you have a valid claim the settlement will cover your medical expenses and other out-of pocket expenses associated with the accident. In some cases your settlement could include compensation for future treatment that your doctor estimates you'll require 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 type of compensation is typically given to children or spouses who have suffered due to the death of a loved one as a result an accident caused by someone else's negligence.
Punitive damages can be awarded when the defendant is found to have been particularly negligent. This type of compensation is intended to punish the defendant and deter others from engaging in reckless conduct.
Filing an action
After making contact with an attorney for personal injuries, a person should begin accumulating evidence of their losses. This can include documents such as medical records or police reports, as well as insurance policies. Include evidence of damage to property or income loss in your claim.
If the parties are unable to reach a settlement, the plaintiff's lawyer may file a suit against the defendant. The complaint will outline the claimant's argument, outline the defendant's actions and ask for monetary compensation. A summons is also filed and personally handed over to the defendant. It is a formal notice that they are being sued. The defendant is given a specific amount of time in which to respond.
During youtube.com will go through the discovery process, where they investigate the claims and defenses of the other party. This can take a significant amount of time and will likely require a significant amount of documentation.
A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They can also to assist in the calculation of damages. They can also demand an equitable settlement from the insurance company. The insurance company could accept the offer, reject it or make a counteroffer.
It is crucial to hire an attorney who is familiar with the law to protect your rights and maximize your recovery. An experienced lawyer will comb through all the available evidence to confirm that you're being compensated for each loss. They can also eliminate unnecessary expenses and help to keep track of the money you are entitled to receive.
New York law allows for every person to be compensated for their part of the responsibility if more than one party is accountable for an accident. A knowledgeable attorney can help with workers compensation cases.
Certain personal injury cases could require the assistance of experts in areas like medicine, economics, and engineering. Your lawyer will assist you in selecting an expert who can provide testimony to help your case. Depending on the facts of the case, it could be resolved outside of court or at trial.