How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can help victims of injuries get fair compensation. To receive full damages, it is important to document your losses carefully. This includes keeping the track of your medical expenses and out-of-pocket expenses.
injury and accident lawyer cover the future and past medical costs and lost wages. It also covers the pain and suffering you endured, as well as the 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 you can. Statutes of limitations are legal limitations that protect individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. These limitations of time can differ depending on the state of origin and claim type and are typically subject to limited or special exemptions.
In New York, for example, if you wish to bring a lawsuit against injuries sustained in a car accident the statute of limitations are three years. For civil actions that involve negligence like medical malpractice and product liability, as well as wrongful death the statute of limitation is two years.
A lawyer can help you determine the statute of limitations applicable to your case and ensure that it is filed on time. An experienced lawyer will examine your case and suggest any possible extensions or waivers of the statute of limitations in your case.
It is important to remember that even when the statute of limitations has run out, you may still be able to make claims for compensation relating to your injuries, like workers compensation or Social Security disability benefits. It is best to consult an attorney as early as you can regarding your situation, so they can inform you of the options that are available.
In most instances, the statute of limitations will expire on the date of the incident that caused your injury. In certain situations, such as exposure to toxic substances or medical malpractice the statute of limitation is not established until you realize, or reasonably could have realized that your injury is caused by a negligent action. This is referred to as the discovery rule.
There are also a few instances where the statute of limitations has been "tolled" or suspended, but these cases are extremely specific and should be examined by a knowledgeable personal injury lawyer. Our lawyers at Littman & Babarz can assist you if you were injured as a result of another person's wrongful behavior. Contact us today to arrange an appointment for a free 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 types of damages, general and special. General damages are designed to compensate you for losses associated with your injury, including medical bills, lost income and pain and suffering. Special damages could include funeral costs as well as emotional stress. If your loved one has died because of another's reckless behavior, you can also recover damages for the wrongful death.
A court must establish four elements in order to find the responsible party liable for the harm you suffered: duty, breach of duty, causation, and damages. To establish a duty the defendant must be under the legal obligation to be responsible in a particular situation. In the event of a breach of this obligation is known as negligence. The injury you sustained is directly resulting from a breach of this duty. The injury must have caused serious damage or caused serious harm to qualify for damages.
For instance an accident in a car that caused a broken arm would result in significant medical expenses and possibly the loss of wages. The injury was directly caused by the defendant's negligent or reckless actions. The wrongful death claim can include funeral and burial expenses for your loved one, as well as emotional stress you or your family experienced.
Non-financial damages can be more difficult to determine. Your attorney will use different methods to determine the worth of your pain. Maintaining a log of your pain levels throughout the day and how the injuries affected your physical, mental and emotional well-being could help support your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements.
In rare cases the attorney may pursue punitive damages. These are intended to punish the responsible party. These damages are only available when jurors or judges believe that the conduct of the defendant was especially outrageous. This type of compensation is typically awarded in cases involving drunk driving accidents, or malicious actions, and nursing home abuse. To be eligible for these additional damages, you need to show to your lawyer that the defendant was acting with malice, willfulness, or oppression or a conscious disregard for the consequences of their actions.
Settlements
How your case is decided will determine the amount of compensation that you will receive. If your case goes to trial, a jury will decide how much to award you for your losses and injuries. In many cases however the parties will agree to settle their dispute outside of court. This lets them save the time and money of a trial. It also allows victims to collect their compensation sooner than they would have if they waited for the trial process to complete.
A personal injury settlement can include both economic and non-economic damages. The former include expenses like medical expenses, lost wages and property damage. The latter includes aspects like suffering and pain, as well as the loss of enjoyment of life. It isn't always easy to determine a dollar amount on these losses, but an experienced lawyer can assist you in determining the value of your injuries.
Typically an insurance company will typically offer a settlement prior to the case goes to trial. They will review the evidence you have collected and decide what they believe your claim is worth. You may be required to send a demand letter, which is accompanied by your evidence and a request for an appropriate compensation amount. You'll likely receive a counter-offer by the insurance company, which is usually lower than what you requested. Your lawyer can negotiate an equitable settlement with the insurance company.
If you have an appropriate claim, the settlement will cover the cost of your medical treatment and other expenses out of pocket associated with your accident. In certain cases the settlement could also include compensation for any future treatment your doctor believes you'll require as a result of 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 awarded to spouses and children who are suffering as a result of the death of a loved one due to an accident caused by someone else's negligence.
Punitive damages can be awarded if the defendant is found to have been particularly negligent. This type of payment is designed to penalize the defendant and prevent others from engaging in similar reckless actions.
Filing an action
Once a person has contacted a personal injury lawyer the next step is collecting evidence of their losses. Documents like medical records, police reports, and insurance policies can be included. Include evidence of damage to property or lost income in your claim.
If the parties are unable reach a settlement, the plaintiff's lawyer may make a claim against the defendant. The complaint will detail the claimant's version of events, describe how the actions of the defendant harmed them and ask for relief in the form of financial compensation. A summons is also filed and personally served on the defendant and serves as a notice that they are being accused of a crime. The defendant is given a certain time frame in which to respond.
In this phase the parties will go through the discovery process in which they examine the claims and defenses of the other side. This could be a lengthy process and could require an extensive amount of documentation.
A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They may also submit a demand to the insurance company for an equitable settlement. The insurance company may accept, reject or counter-offer the offer.
It is important to have a knowledgeable lawyer to protect your rights and maximize your compensation. An experienced lawyer will comb through all evidence available to ensure that you're being paid for every loss. They can also eliminate unnecessary expenses and help you to keep track of all the money you are entitled to receive.
New York law allows for everyone to be compensated for their share of the responsibility in cases where more than one person is responsible for an accident. A knowledgeable lawyer can also assist with claims for workers' compensation.
Certain personal injury cases require the involvement of experts in areas such as medicine, economics and engineering. Your lawyer will assist you select an appropriate specialist to testify in support of your case. Based on the circumstances, certain cases may go to trial, while others settle out of court.