How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can help injured victims receive fair compensation. The process of documenting your losses is vital to receive the full amount of damages. Keep the track of the medical expenses and out of expenses out of pocket.
Economic damages are the cost of your current and future medical expenses and lost wages. It also covers pain and suffering as well as loss of companionship.
Statute of limitations
If you've been injured by someone else's negligence or wrongful act, you must start a lawsuit as soon as you can. Statutes of limitations are legal restrictions that shield the parties from unnecessary lawsuits by preventing claims that are filed after the deadline has passed. These limitations are different for each state and type of claim, and they are often subject to special or limited exceptions.
In New York, for example for instance, if you want to bring a lawsuit against injuries caused by a car accident, the statutes of limitations are three years. The statute of limitations for civil actions that involve negligence is two years. This includes medical negligence, product liability, and accidental deaths.
A lawyer can assist you in determining the statute of limitation that applies to your case and ensure that it is filed in time. A lawyer with experience will review your case to determine if there are any extensions or waivers that may be available.
It is important to be aware that even when your statute of limitation is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. It is advisable to speak with an attorney as soon as you can about your case, so that they can advise you of the options available.
In the majority of instances, the statute of limitations begins to 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 set until you realize, or reasonably should have known, that your injury is result of a negligent act. This is called the discovery rule.
There are also a few instances where the statute of limitations has been "tolled" or suspended, however these circumstances are very specific to the facts and need to be assessed by a competent personal injury lawyer. Littman & Babiarz's attorneys can assist you if have been injured due to another person's wrongful behavior. Contact us for a free consultation.
Damages
The goal of a personal injury lawsuit is to obtain financial compensation from the person accountable for your injury. Damages is the legal term used to describe this. There are two kinds of damages: general and special. General damages are meant to provide you with compensation for your losses such as medical expenses, lost wages, and pain and discomfort. Special damages could include funeral costs as well as emotional distress. If your loved one died due to reckless behavior by another person, you could be able recover wrongful death damage.
To hold the responsible party accountable for your injuries the court must establish four elements: duty, breach, causation and damages. To establish the duty the defendant must be under an obligation under law to act responsibly in a specific circumstance. Failure to meet this obligation is referred to as negligence. A breach of this obligation is a direct cause of the injury you sustained. The injury must have caused substantial damage or caused serious harm to qualify for damages.
A car crash that results in a severed hand would result in significant medical expenses and, most likely, a loss of income. The defendant's careless or reckless actions directly contributed to the injury. A wrongful death claim might include funeral and burial expenses for your loved one and emotional trauma that your family or you felt.
Non-financial damage is more difficult to calculate. Your attorney will employ different methods to determine the amount of your pain. Keep a diary to document your daily pain level and how your injuries affect you mentally as well as physically. This can help you support your claim. Insurance companies typically undervalue these damages in order to avoid paying higher settlements.
In rare cases, you can see k punitive damages to punish the negligent party. These damages are only available when jurors or judges believe that the defendant's behavior was particularly outrageous. These types of compensation are typically awarded in the case of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. In order to receive these additional damages, you must demonstrate to your lawyer that the defendant's actions were motivated by willful or malicious intent, fraud or oppression or a conscious indifference to the consequences of their actions.
Settlements
How your case is ruled will determine the amount of compensation that you receive. If your claim goes to trial the jury will decide what they will pay you for your losses and injuries. In many cases, however, parties agree to settle out of court. They can avoid the time and cost of the court trial. Additionally, it allows victims to recover their compensation sooner than they would if they waited for the trial to conclude.
The settlement for personal injuries will include both economic and other damages. The former include costs like medical expenses, lost wages and property damage. The latter includes aspects like suffering, pain, and loss of enjoyment of your life. Calculating a dollar value for these damages is usually difficult however, an attorney can help determine what your injuries are worth.
Insurance companies will usually offer settlements to settle your case before it goes to trial. They will examine the evidence you have gathered and determine how much they consider your claim. You may be required to send an offer letter, which is accompanied by your evidence and an offer for a suitable compensation amount. The insurer will likely make a counter-offer that is typically lower than your requested amount. Your lawyer can negotiate a fair settlement with the insurer.
If you have an undisputed legal claim, your settlement will generally cover medical expenses and other expenses out of pocket related to the accident. In certain instances, your settlement will also include a portion of the 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 typically granted to children or spouses who have suffered because of the death of their loved ones due to an accident that was caused by someone else's negligence.
Punitive damages can be awarded if the defendant is found to have been negligent. This type of payment is intended to punish the defendant, and discourage others from engaging in reckless behavior.
Filing a Lawsuit
Once a person has contacted an attorney for personal injuries and has been advised to gather documentation of their losses. Documents such as medical records, police reports and insurance policies could be included. Documentation of lost income or property damage should also be included in an insurance claim.
If the parties cannot agree on a settlement, the plaintiff's attorney may start 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 is also filed and personally served to the defendant and serves as a notice that they are being accused of a crime. The defendant is given a specific time frame in which to respond.
During this phase each party will complete the discovery process where they examine the defenses and claims of the other. This can take a significant amount of time and will likely require a significant amount of documentation.
A lawyer can assist in prepare for trial by arranging for expert witnesses and collecting evidence. They will also be able to assist in the calculation of damages. They can also demand a fair settlement from the insurance company. The insurance company can accept the offer, decline it, or counter-offer.
It is essential to hire an experienced lawyer to ensure your rights are protected and maximize your recovery. A competent lawyer can go through all of the evidence available to ensure that you are being compensated for every loss. They can also assist you to cut out unnecessary expenses and keep track of the amount of money you're entitled.
If more than one person is at fault for the accident, New York law allows each of them to recover for their part of the responsibility. A skilled attorney can also assist in workers' compensation cases.
Some personal injury cases require the use of experts in areas such as medicine, economics and engineering. Your lawyer will assist you in selecting a specialist who can testify to back your case. Based on the facts of a case, it may be resolved outside of court or at trial.