How to Document Your Personal Injury Compensation Claims
An attorney who specializes in personal injury can assist injured victims to receive fair compensation. The process of documenting your losses is vital to receive the full amount of damages. This includes keeping track of your medical expenses and out of pocket expenses.
Economic damages are the cost of your current and future medical expenses and lost wages. Also covered are pain and suffering and loss of companionship.
Statute of Limitations
If you've been injured by the negligence of someone else or by a wrongful act, you must start a lawsuit as soon as possible. Statutes of limitations are legal time limitations that safeguard parties from unnecessary litigation. They stop claims from being filed after the deadline. These limitations of time can differ depending on the state and claim type, and are often subjected to limited or special exemptions.
In New York, for example when you want to file a lawsuit relating to injuries that result from a car crash the statute of limitations are three years. For other civil actions involving negligence, such as medical malpractice or product liability, as well as wrongful death the statute of limitations is two years.
A lawyer can assist you in determining the statute of limitation applicable to your case and ensure that the case is filed in time. understanding can also review your case and recommend any possible extensions or waivers of the statute of limitations in your case.
You should be aware that even when your statute of limitation has passed, you could have other claims for compensation related to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is best to consult an attorney as soon as you can about your case, so that they can inform you of all the options that are available.
In most instances, your statute of limitations will run from the date of the incident that caused you injury. In some instances, like exposure to toxic materials or medical malpractice the time limit is not established until you realize or would have known that your injury is result of a negligent act. This is referred to as the discovery rule.
There are a few rare instances where the statute of limitation is "tolled", or suspended. These situations are highly factual and require a skilled personal injury attorney to analyze. Littman & Babiarz's attorneys can assist you if you were injured as a result of an unintentional act of another. Contact us today to schedule your free consultation.
Damages
The purpose of a personal injury claim is to receive financial compensation from the person responsible for your injuries. Damages is the legal term used to describe this. There are two kinds of damages, general and special. General damages are intended to compensate you for the losses associated with your injury, which includes medical expenses, lost income and suffering and pain. Special damages may include funeral costs and emotional stress. If your loved one passed away due to reckless conduct by a third party, you could be able to claim the cost of wrongful death.
A court must establish four elements in order to find the responsible party liable for your injuries: duty, breach of duty, causation, and damages. To establish a duty the defendant must be under the legal obligation to behave responsibly in a specific situation. Negligence is the failure to perform this duty. The injury you sustained is directly caused by a breach of this duty. The injury must have caused serious damage or serious harm to qualify for damages.
A car accident that causes an injury to the hand could result in substantial medical costs and, most likely, the loss of income. The injury was caused directly due to the defendant's negligence or reckless actions. A claim for wrongful death could include funeral and burial expenses for your loved one and emotional pain that you or your family experienced.
The non-financial damages are more difficult to determine. Your attorney will use different methods to determine the worth of your pain. Keep a diary to document your pain levels throughout the day and how your injuries have affected you mentally, physically, and emotionally. This will help prove your case. Many insurance companies undervalue these damages to avoid paying higher settlements.
In rare cases you may be able to obtain punitive damages to punish the party who was negligent. These damages are only available when the judge or jury believes that the defendant's behavior was particularly outrageous. This type of compensation is usually granted in cases involving drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. To get these additional damages, you must show to your lawyer that the defendant acted with malice, willfulness, or oppression, or a conscious indifference towards the consequences of their actions.
Settlements
How your case is ruled will determine the amount of compensation you receive. If your claim is tried, a jury will determine the amount you will be awarded for your losses and injuries. In many cases, however, parties agree to settle outside of court. This allows them to save the time and money of a trial. Additionally, it allows victims to collect their compensation earlier than they would if they waited 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 suffering and pain, as well as the loss of enjoyment of life. Calculating a dollar value for these damages is usually difficult, but 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 review the evidence you've collected and determine what they think your claim is worth. You may have to submit an offer letter, which is accompanied by your evidence and a request for an appropriate compensation amount. The insurer is likely to send you a counter-offer, which is usually lower than the amount you request. Your attorney will then negotiate a fair settlement with the insurance company.
If you have a valid legal claim, your settlement will typically cover your medical bills as well as other out-of-pocket expenses due to the accident. In some cases your settlement could include compensation for any 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 awarded to spouses and children who are suffering as a result of the death of a loved one during an accident caused by another's negligence.
Punitive damages may be awarded when the defendant is found to have been negligent. This kind of payment is intended to punish the defendant and deter others from engaging in reckless conduct.
Filing a Lawsuit
After contact with an attorney for personal injuries the client must begin collecting evidence of their losses. This could include documents such as medical records or police reports, as well as insurance policies. Include evidence of damage to property or lost income in your claim.
If the parties are unable to reach an agreement or agreement, the attorney representing the plaintiff can bring an action against the defendant. The complaint will outline the claimant's account, explain the defendant's actions and ask for the amount of compensation. A summons will also be filed and personally served to the defendant as a notice that they are being accused of a crime. The defendant is given a certain timeframe to respond.
During this process each side will complete the discovery phase in which each party investigates the defenses and claims of the other. This could be a lengthy process that may require a great deal of documentation.
A lawyer can assist in making preparations for trial by organizing expert witnesses and gathering evidence. They can also help calculate damages. They may also submit a demand to the insurance company for an appropriate settlement. The insurance company can accept, reject or counter-offer the offer.
It is crucial to have a knowledgeable lawyer to protect your rights and maximize your recovery. A competent lawyer can go through all of the available evidence to confirm that you're being compensated for each loss. They can also help you cut out unnecessary expenses and track the amount of money you're entitled.
New York law allows for each person to be compensated for their part of the blame if more than one person is responsible for an accident. An experienced attorney can assist with workers' compensation cases.
Some personal injury cases might require the use experts in fields such as economics, medicine, or engineering. Your lawyer will help you select experts who can testify to help your case. Based on the specifics of a case, it can be decided outside of court or in a trial.