How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can assist injured victims get fair compensation. In order to receive the full amount of damages, it is essential to document your losses carefully. This includes keeping an eye on your medical expenses and out-of-pocket expenses.
Economic damages are the cost of your past and future medical expenses and lost wages. accident injury law firms covers your suffering and pain as well as the loss of companionship.
Statute of Limitations
If you have been injured because of a negligent action or negligence it is imperative to act swiftly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal restrictions that protect parties from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. These limitations are different for each state and claim type and are typically subject to special or limited exceptions.
In New York, for example when you want to bring a lawsuit against injuries sustained in a car accident the statutes of limitation 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 help determine the statute of limitations that applies to your case and ensure that it is filed on time. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations in your case.
It is important to know that even the time your statute of limitations has passed, you could have other claims for compensation related 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 with regards to your situation, so that they can inform you of all the options that are available.
In most instances, your statute of limitations starts to run from the date of the incident that caused your injury. In some situations, like exposure to toxic materials or medical malpractice, the time limit does not begin until you recognize, or reasonably would have known that your injury was result of a negligent act. This is referred to as the discovery rule.
There are some rare situations where the statute of limitations is "tolled" or suspended. These scenarios are factual and require a knowledgeable personal injury attorney to analyze. Our lawyers at Littman & Babarz can help you if you were injured as a result of another person's wrongful behavior. Contact us to schedule an appointment for a free consultation.
Damages
A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term used to describe this is "damages." There are two groups of damages: general and special. General damages are meant to compensate you for the losses associated with your injury, which includes medical bills, lost income and pain and suffering. Funeral costs and emotional distress can be incorporated into special damages. If your loved one died due to reckless behavior by another person, you could be able recover damages for wrongful death.
A court must establish four elements to find the responsible party liable for your injuries: duty, breach of duty, causation and damages. To establish a duty the defendant must be under the legal obligation to act responsibly in a specific situation. Negligence is the failure to perform this obligation. The injury you sustained is directly caused by a violation of this obligation. To qualify for damages the injury must have caused serious damage or injury.
For instance a car crash which resulted in a fractured arm could result in substantial medical costs and likely the loss of wages. The injury was caused directly by the defendant's negligent or reckless actions. A claim for wrongful death could be a result of the funeral and burial costs of your loved one, as well as the emotional distress that you or your family suffered.
Non-financial damages are harder to determine. Your attorney will use various methods to calculate the worth of your pain and suffering. Keep a diary to document your pain levels throughout the day and how your injuries have affected you physically as well as physically. This will help to support your claim. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements.
In rare cases you may be able to obtain punitive damages to punish the party who was negligent. These damages are only granted when the judge or jury finds the defendant's actions to be outrageous. These types of compensations are usually awarded in cases of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To receive these additional damages, your lawyer must prove that the defendant was acting with malice, wantonness, fraud, oppression, or conscious indifference to the consequences of their actions.
Settlements
How your case is decided will determine the amount of compensation you receive. If your claim is contested, a jury will determine the amount you will be awarded for your losses and injuries. In many cases the parties will agree to settle out of court. This means they can save the time and money of a trial. This means that victims can receive their compensation earlier than the time they would have to wait for the trial to be completed.
A personal injury settlement includes both economic and non-economic damages. The former include expenses like medical expenses, lost wages and property damage. The latter covers aspects such as pain, suffering and loss of enjoyment your life. It can be difficult to determine a dollar amount on these losses, but an experienced lawyer can help you determine the worth of your injuries.
Insurance companies will usually offer settlements to settle your case prior to it goes to trial. They will look over the evidence you have collected and determine what they feel your claim is worth. You may be required to provide an order letter, together with evidence and an appropriate compensation amount. Most likely, you will receive a counter-offer from the insurer, which is usually less than what you asked for. Your attorney can then negotiate an acceptable settlement with the insurance company.
If you have a valid legal claim, the settlement will typically cover medical expenses and other expenses out of pocket related to the accident. In some cases, your settlement will also include a portion of the future treatment that your doctor predicts you will need 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 kind of compensation is usually given to children and spouses who are suffering as a result of the death of a loved one in an accident caused by another person's negligence.
You may also receive punitive damages if you were found to be especially negligent. This kind of payment is designed to penalize the defendant and deter others from engaging in similar reckless behavior.
Filing a Lawsuit
Once a person has contacted an attorney for personal injury the next step is to collect evidence of their losses. This could include documents such as medical records, police reports and insurance policies. Include evidence of damage to property or lost income in your claim.
If the parties are unable to reach a settlement, the plaintiff's lawyer may file a suit against the defendant. The complaint will detail the claimant's account, explain the actions of the defendant and request for monetary compensation. A summons will also be filed and personally served on the defendant and serves as a notice that they are being sued. The defendant is then given an appropriate amount of time to respond.
In this stage, both parties will complete the discovery process where they look into the claims and defenses of the other party. It can be a long process that may require an extensive amount of documentation.
A lawyer can help prepare for trial by arranging for experts to testify and gathering evidence. They can also help calculate damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company may accept or decline the offer it or make a counteroffer.
It is vital to have an attorney who is familiar with the law in order to protect your rights and maximize your recovery. A competent lawyer can go through all available evidence to confirm that you are compensated for every loss. They can also help you eliminate unnecessary expenses and assist you to keep track of all the money you are entitled to receive.
If more than one person is liable for the accident, New York law allows each of them to recover for their share of responsibility. A skilled attorney can also help with workers' compensation cases.
Some personal injury cases may require experts from areas like medicine, economics, and engineering. Your lawyer will assist you choose a qualified expert to provide testimony and support your case. Depending on the circumstances, certain cases could go to trial while others settle out of the court.