How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can help victims of injuries get fair compensation. Documenting your losses is essential to receive the full amount of damages. This includes keeping the track of your medical expenses and out of pocket expenses.
Economic damages cover the cost of your past and future medical expenses, as well as lost wages. Also, it covers the pain and suffering you endured and the loss of companionship.
Statute of limitations
If you've suffered an injury due to another person's wrongful negligence or action it is imperative that you act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitation are legal time restrictions which safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. These limitations are different for each state and type of claim and are usually 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. For civil actions that involve negligence such as medical negligence or product liability, as well as wrongful death the statute of limitation is two years.
A lawyer can help you determine the statute of limitations that applies to your case and ensure it is filed on time. An experienced lawyer will review your case and recommend any possible extensions or waivers of the statute of limitations that apply.
It is important to keep in mind that even the statute of limitations has expired however, you may be able to file other claims for compensation relating to your injuries, such as workers compensation or Social Security disability benefits. It is advisable to speak with an attorney as soon as you can with regards to your situation, so that they can advise you of all the options that are available.
In the majority of 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 substances or medical malpractice, the limitation period is not established until you recognize, or reasonably should have known, that your injury is result of a negligent act. This is called the discovery rule.
There are some rare situations in which the statute of limitations is "tolled" or suspended. These cases are factual and require an experienced personal injury attorney to analyze. The attorneys at Littman & Babiarz can help you if you were injured as a result of an unintentional act of another. Contact us today for your free consultation.
Damages
The goal of a personal injury lawsuit is to obtain financial compensation from the party accountable for your injuries. 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 losses associated with your injury, which includes medical bills, lost income, and suffering and pain. Special damages can include funeral costs as well as emotional stress. If your loved one has died due to a reckless act of another you may also be entitled to 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 Erie injury attorneys of a defendant to act responsibly, they must be legally bound to behave responsibly in the given circumstance. In the event of a breach of this obligation is referred to as negligence. The injury you sustained is directly caused by a breach of this obligation. To qualify for damages, the injury must have caused severe harm or significant damage.
A car crash that results in a severed hand would cause significant medical expenses and most likely loss of income. The injury was caused directly due to the defendant's negligence or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one, as well as emotional distress you or your family members have experienced.
Non-financial damages can be more difficult to calculate. Your lawyer will employ a variety of methods to determine the worth of your pain. Keep a record of your pain levels throughout the day and how the injuries have affected your mental, physical, and emotional well-being can aid in proving your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying higher settlements.
In some rare instances, you can seek punitive damages to punish the party who was negligent. These damages are only available when a judge or jury feels that the defendant's behavior was especially outrageous. This type 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 demonstrate that the defendant committed the offense with malice, wantonness or fraud, oppression, or with a lack of awareness of the consequences of his or her actions.
Settlements
The amount you receive for your injuries depends on how your case is resolved. If your claim is contested in court, a jury will decide the amount you will be awarded for your losses and injuries. In many cases parties, however, they agree to settle their claims outside of the courtroom. They can avoid the time and cost of a court trial. This means that victims can get their compensation sooner than if they had to wait for the trial to be concluded.
The settlement for a personal injury includes the economic as well as other damages. The former include expenses like medical costs, lost wage and property damage. The latter include things such as suffering and loss of enjoyment. Calculating a dollar value for these damages is usually difficult however an attorney can help you determine the value of your injuries.
Insurance companies usually offer settlements to settle your case prior to it goes to trial. They will review the evidence that you have amassed and determine how they value your claim. You may have to send a demand letter, which is accompanied by your evidence and a request for the appropriate compensation amount. You will most likely receive a counter-offer by the insurer, which is usually lower than what you requested. Your attorney will then negotiate an equitable settlement with the insurance company.
If you have an appropriate claim the settlement will cover your medical expenses and other out-of pocket expenses associated with the accident. In some cases the settlement could also include a portion of any future treatment your doctor predicts you will require due to the.
In some cases, a settlement will include loss of consortium/companionship compensation if your injury led to the loss of a loved one. This kind of compensation is usually granted 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 are possible when the defendant is found to have been negligent. This type of payment is intended to punish the defendant and to discourage others from engaging in reckless behavior.
Filing an action
Once someone has contacted an attorney for personal injuries the next step is collecting evidence of their losses. This could include documents such as medical records or police reports, as well as insurance policies. Documentation of loss of income or property damage should also be included in a claim.
If the parties cannot reach an agreement, the plaintiff's attorney may bring a lawsuit against the defendant. The complaint will provide 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 notification that they are being accused of a crime. The defendant is given a specific time frame in which to respond.
In this stage each party will complete the discovery process where they examine the claims and defenses of the other side. This can take a significant amount of time and will likely involve a lot of documents.
A lawyer can help to prepare for trial by arranging for experts to testify and gathering evidence. They can also assist in calculating damages. They can also make a demand to the insurance company for an equitable settlement. The insurance company could accept the offer, decline it or make a counteroffer.
It is crucial to hire an attorney who is familiar with the law to safeguard your rights and maximize the amount of compensation you receive. The right attorney can go through all the evidence to confirm that your losses are being compensated. They can also weed out unnecessary expenses and help to keep track of all the amount you are entitled to receive.
If more than one person is at fault for the accident, New York law allows each of them to recover the amount they owe. A competent lawyer can assist with claims for workers' compensation.
Certain personal injury cases require the involvement of experts in fields such as medicine, economics and engineering. Your lawyer will assist you in selecting a specialist who can testify to help your case. Based on the situation, some cases may go to trial, while others will settle out of the court.