How to Document Your Personal Injury Compensation Claims
An attorney for personal injury can assist victims of injuries to obtain fair compensation. The process of documenting your losses is vital for obtaining full damages. Keep an eye on all medical expenses as well as out-of expenses out of pocket.
Economic damages cover the future and past medical expenses as well as lost wages. Also, it covers your suffering and pain and the loss of companionship.
Statute of limitations
If you've suffered an injury due to another person's wrongful act or negligence, it is important that you act quickly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal limitations that protect parties from unnecessary litigation by preventing claims from being filed after the deadline has been met. The time limitations can differ depending on the state and claim type and are typically subject to special or limited exemptions.
In New York, for example when you want to file a lawsuit for injuries caused by a car accident, the statutes of limitations are three years. For other civil actions that involve negligence, such as medical malpractice or product liability, as well as wrongful death the statute of limitation is two years.
A lawyer can help determine the time limit that applies to your particular case and ensure that it is filed on time. A lawyer with experience can examine your case to determine if there are any extensions or waivers that might be possible.
It is important to know that even the time your statute of limitations has expired you may still have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to consult an attorney about your situation as soon as you can, so that he or she can provide you with the options available to you.
In the majority of cases, the statute of limitations starts to run from the date of the underlying incident that caused your injury. In certain situations, such as exposure to toxic substances or medical malpractice, the time limit is not established until you recognize, or reasonably should have known, that your injury was result of a negligent act. This is known as the discovery rule.
There are a few rare instances in which the statute of limitations is "tolled", or suspended. These situations are highly factual and require a skilled personal injury attorney to analyze. Our lawyers at Littman & Babarz can assist you if you have been injured by the negligence of another. Contact us today to set up your free consultation.
Damages
A personal injury claim seeks financial compensation from the person who is responsible for your injury. Damages is the legal term used to describe this. There are two types of damages: general and special. General damages are meant to compensate you for your losses such as medical expenses, lost wages, and pain and discomfort. Special damages can include funeral costs and emotional stress. If a loved one passed away due to the reckless conduct of another you may also be able to recover damages for wrongful death.
A court must establish four elements in order to find the responsible party liable for your injury such as breach of duty, causation, and damages. To establish the duty, the defendant must have the legal obligation to be responsible in a specific circumstance. Negligence is the failure to meet this obligation. The injury you sustained is directly caused by a violation of this obligation. The injury must have caused serious damage or serious harm to qualify for damages.
For instance, a car accident that resulted in a severed arm would result in significant medical expenses, and most likely an interruption in wages. The defendant's reckless or negligent actions directly led to the injury. A wrongful death claim might include funeral and burial costs for your loved one as well as emotional trauma that your family or you experienced.
Non-financial damages can be more difficult to calculate. Your attorney will employ different methods to determine the value of your pain. Keep a journal of your daily pain level as well as how your injuries have affected you mentally as well as physically. This will help support your claim. Many insurance companies undervalue the damages to avoid paying higher settlements.
In rare cases, you can seek punitive damages to punish the negligent party. These damages are only available when the judge or jury believes that the defendant's behavior was especially outrageous. These types of compensation are typically awarded in the case of drunk driving accidents, malicious or intentional actions, or nursing facility abuse. To receive these additional damages the lawyer must prove that the defendant was acting in a manner that was ill-intentional, shrewd or fraud, 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 will be resolved. If your case goes to trial the jury will decide what they will award you for your losses and injuries. In a lot of cases parties, however, they agree to settle their claims outside of court. They are able to avoid the time and expense of an in-court trial. This also allows victims to recover their compensation sooner than they would if they waited for the trial to conclude.
The settlement for a personal injury includes damages that are both economic and non-economic. The former include costs such as medical expenses, lost wage and property damage. The latter includes aspects such as pain and suffering and the loss of enjoyment of life. The process of determining a value for these damages is often challenging however, an attorney can help you determine what your injuries are worth.
YouTube offer an agreement to settle your claim before it goes to trial. They will review the evidence that you have gathered and determine how much they value your claim. You may need to send an offer letter, which is accompanied by evidence and a request for an appropriate compensation amount. The insurer is likely to offer you a counter-offer which is often lower than the amount you request. Your lawyer can negotiate an equitable settlement with the insurance company.
If you have a valid claim the settlement will pay your medical expenses as well as other expenses out of pocket associated with your accident. In some instances the settlement may also include compensation for any future treatments that your doctor believes 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 usually given to children or spouses who have suffered because of the death of a loved one as a result an accident caused by someone else's negligence.
Punitive damages may be awarded when the defendant is found to have been negligent. This kind of compensation is intended to punish the defendant and to discourage others from engaging in reckless behavior.
Filing a Lawsuit
After making contact with an attorney for personal injury the client should begin accumulating evidence of their losses. Documents such as medical records, police reports, and insurance policies may be included. Include documentation of damage to your property or income loss in your claim.
If the parties are unable to reach an agreement, the plaintiff's lawyer may bring a lawsuit against the defendant. The complaint will detail the claimant's version of events, describe how the actions of the defendant harmed them, and seek relief in the form of monetary compensation. A summons is also filed and delivered to the defendant. It is a formal notice that they are being accused of a crime. The defendant is then given an appropriate amount of time to respond.
During this time, both sides will complete the discovery phase in which each side investigates the other's claims and defenses. It can be a long process that may require a great deal of documentation.
A lawyer can help prepare for trial by arranging expert witnesses and collecting evidence. They will also be able to assist in the calculation of damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company can accept, deny or counter-offer the offer.
It is crucial to hire an attorney who is familiar with the law in order to protect your rights and maximize the amount of compensation you receive. The right attorney will be able to look through all the evidence available to ensure that your losses are compensated. They can also help you eliminate unnecessary expenses and help to keep track of the funds you are entitled receive.
If more than one person is liable for the accident, New York law allows each one to be compensated for their part of the responsibility. A skilled lawyer can also assist with claims for workers' compensation.
Some personal injury cases require the use of experts in fields such as economics, medicine and engineering. Your lawyer will help you select experts who can testify to support your case. Depending on the circumstances, some cases may go to trial, while others settle out of court.