How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can assist injured victims receive fair compensation. In order to receive the full amount of damages, it is essential to document your losses carefully. Keep an eye on all medical expenses as well as out-of expenses out of pocket.
Economic damages cover the costs of your past and future medical expenses, as well as lost wages. It also covers your pain and suffering as well as the loss of companionship.
Statute of limitations
If you've suffered an injury due to another person's wrongful negligence or action It is crucial that you act quickly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitation are legal time limits that protect the parties from unnecessary litigation. They prevent claims from being filed after the deadline. These time limits vary by state and type of claim, and they are often subject to specific or limited exceptions.
For example in New York, if you would like to file a lawsuit relating to injuries caused by an automobile accident, the statute of limitations for these types of cases is three years. For civil actions that involve negligence like medical malpractice, product liability and wrongful death the statute of limitations is two years.
A lawyer can help determine the statute of limitations that applies to your particular case and ensure that the case is filed on time. An experienced lawyer can review your case to determine if there are extensions or waivers that might be available.
It is important to keep in mind that even the statute of limitations has expired 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 best to consult an attorney about your case as soon as possible and so that they can provide you with the options available to you.
In most instances, your statute of limitations starts to begin running from the date of the incident that caused your injury. In some instances, like exposure to toxic substances or medical malpractice the limitation period does not begin until you are aware, or reasonably could have realized that your injury was caused by a negligent act. This is known as the discovery rule.
There are some rare situations where the statute of limitation is "tolled", or suspended. These cases are factual and require a knowledgeable personal injury attorney to analyze. Our lawyers at Littman & Babarz can assist you if you have been injured due to an unintentional act of another. Contact us to schedule an appointment for a no-cost consultation.
Damages
A personal injury claim seeks financial compensation from the party who is responsible for your injury. Damages are the legal term used to describe this. There are two kinds 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 suffering and pain. Funeral costs and emotional distress can be incorporated into special damages. If your loved one has died due to a reckless act of another you may also be able to recover wrongful death damages.
A court must establish four elements to determine the party responsible for the harm you suffered such as breach of duty, causation and damages. To establish accident and injury lawyers must be under the legal obligation to behave responsibly in a particular situation. Failure to meet this obligation is known as negligence. The injury you suffered was directly caused by a breach of this duty. To be eligible for damages, the injury must have caused serious damage or injury.
A car accident resulting in an injured hand could result in substantial medical costs and most likely loss of income. The defendant's careless or reckless actions directly led to the injury. A wrongful death claim might be a result of the funeral and burial costs for your loved one and emotional pain that your family or you experienced.
Damages that are not financial are more difficult to quantify. Your attorney will use different methods to determine the amount of your pain. Keep a record of your daily pain levels and how your injuries have affected your mental, physical, and emotional well-being can aid in proving your claim for these damages. Many insurance companies undervalue these damages in order to avoid paying higher settlements.
In rare cases you may be able to obtain punitive damages to punish the responsible party. These damages are only awarded if a jury or judge finds the defendant's actions to be particularly outrageous. This kind of compensation is usually granted in cases involving drunk driving accidents, deliberate or malicious actions, and nursing home abuse. To be eligible for these additional damages, your lawyer must prove that the defendant was acting with malice, wantonness or fraud, as well as oppression or with a lack of awareness of the consequences of their actions.
Settlements
The amount of compensation you receive for your injuries is contingent on how your case is decided. If your case goes to trial, a jury will decide how much they will pay you for your losses and injuries. In many cases parties, however, they agree to settle their claims outside of court. They can avoid the time and cost of the court trial. It also allows victims to recover their compensation sooner than they would have if they waited for the trial to conclude.
A personal injury settlement covers both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter covers aspects such as suffering, pain, and loss of enjoyment of your life. Placing a monetary value on these damages is often challenging, but an attorney can help determine what your injuries are worth.
Insurance companies usually offer a settlement to settle your case before it goes to trial. They will examine the evidence you've gathered and determine what they feel your claim is worth. You may be required to send an offer letter, which is accompanied by your evidence and a request for the appropriate compensation amount. The insurer is likely to send you a counter-offer, that is typically less than the amount you requested. Your attorney can then negotiate with the insurer to reach a fair settlement for your injuries.
If you have a valid legal claim, your settlement will typically pay for medical bills and other out-of-pocket expenses related to the accident. In some cases, your settlement may also include compensation for any future treatment that your doctor predicts you'll 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 granted to spouses and children who suffer because of the death of a loved one in an accident caused by another person's negligence.
Punitive damages can be awarded when the defendant is found to have been negligent. This type of compensation is designed to punish the defendant, and deter others from engaging in reckless conduct.
Filing an action
After contacting a personal injury attorney, a person should begin accumulating evidence of their losses. This could include documents such as medical records, police reports and insurance policies. Documentation of loss of income or property damage should be included in the claim.
If the parties are unable to reach an agreement the attorney for the plaintiff may bring a lawsuit against the defendant. The complaint will outline the claimant's version of events, outline how the actions of the defendant hurt them, and request relief in the form of financial compensation. A summons is also filed and personally delivered to the defendant. It is a notification that they are being accused of a crime. The defendant is given a specific timeframe to respond.
During this time, both sides will complete the discovery phase where each side will investigate the defenses and claims of the other. This can take a significant amount of time and likely involve a lot of documentation.
A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in calculating damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company could accept or decline the offer it, or counter-offer.
It is essential to hire an experienced lawyer who can ensure your rights are protected and maximize your payout. A competent lawyer can go through all evidence available to ensure that you are compensated for every loss. They can also assist you to reduce unnecessary expenses and keep track of the money you're entitled to.
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 competent lawyer can assist with claims for workers' compensation.
Some personal injury cases require the assistance of experts in fields like economics, medicine and engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Depending on the situation, some cases could go to trial while others will settle out of the court.