How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can help injured victims receive fair compensation. In order to receive the full amount of damages, it's important to record your losses in a meticulous manner. This includes keeping an eye on your medical expenses and out-of-pocket expenses.
Economic damages include your future and past medical expenses and lost wages. It also covers the pain and suffering as well as loss of companionship.
Statute of Limitations
If you've suffered an injury by a negligent action or negligence, it is important that you act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal time limitations that protect individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. The time limitations can differ according to the state and claim type, and are often subjected to limited or special exemptions.
For instance in New York, if you would like to file a lawsuit relating to injuries that result from an automobile accident the statute of limitation for these cases is three years. The time limit for civil actions that involve negligence is two years. This includes medical negligence, product liability, and the wrongful death of a person.
A lawyer can help determine the statute of limitations applicable to your case, and ensure that it is filed on time. An experienced lawyer can review your case to determine if there are any extensions or waivers that might be possible.
It is important to note that even the time limit has passed, you may still be able to file other claims for compensation related to your injuries, such as workers' compensation or Social Security disability benefits. It is best to consult an attorney as early as you can regarding your case, so that they can advise you of the options that are available.
In the majority of cases, your statute of limitations begins to run from the date of the underlying incident that led to your injury. However, in some situations, such as exposure to toxic substances or medical malpractice the statute of limitations will not start to run until you have realized or ought to have realized that your injury was caused by the negligent act. This is known as the discovery rule.
There are rare circumstances where the statute of limitation is "tolled" or suspended. These situations are highly factual and require an experienced personal injury lawyer to look into. If you've suffered injury because of someone else's negligent actions, the attorneys at Littman & Babiarz can help. 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 intended to compensate you for your losses such as medical expenses, lost wages, and pain and discomfort. Funeral expenses and emotional distress can be incorporated into special damages. If your loved one has died due to reckless conduct by another person, you could be able recover the cost of wrongful death.
To hold the party responsible accountable for your injury the court must establish four elements which are breach, duty, causation and damages. To establish a duty the defendant must be under the legal obligation to behave responsibly in a specific circumstance. Failure to meet this obligation is referred to as negligence. The injury you suffered was directly resulting from a breach of this duty. To be able to claim damages the injury must have caused severe damage or injury.
For example a car crash which resulted in a fractured arm would have substantial medical expenses and possibly a loss of wages. The injury was caused directly due to the defendant's negligence 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 pain that your family or you felt.
Non-financial damages are harder to calculate. Your attorney will employ different methods to determine the value of your suffering and pain. Maintaining a log of your pain levels throughout the day and how the injuries affected your physical, mental, and emotional well-being can aid in proving your claim for these damages. Many insurance companies underestimate the value of these damages to avoid paying higher settlements.
In some cases the attorney may pursue punitive damages, which are meant to punish the negligent party. These damages can only be awarded when the judge or jury finds the defendant's behavior to be particularly obscene. This type of compensation is usually granted in cases of drunk driving accidents, or malicious acts, as well as nursing home abuse. To be eligible for these additional damages, your lawyer must prove that the defendant committed the offense with malice, wantonness, fraud, oppression, or with a lack of awareness of the consequences of their actions.
Settlements
How your case is ruled will determine the amount of compensation you receive. If your case goes to trial, a jury will decide how much to award you for your injuries and losses. In many cases parties, however, they agree to settle out of court. This lets them avoid the time and expense of a trial. It also allows victims to collect their compensation earlier than have if they waited for the trial to complete.
auto accident injury lawyers for personal injuries includes both economic and other damages. The former includes costs such as medical expenses as well as lost wages and property damage. The latter includes aspects like suffering, pain, and loss of enjoyment your life. Placing a monetary value on these damages is often challenging however, an attorney can help you determine what your injuries are worth.
Typically, an insurance company will usually offer an agreement before your case goes to trial. They will examine the evidence that you have amassed and determine how they will consider your claim. You may need to submit an offer letter, which is accompanied by your evidence and an offer for a suitable compensation amount. You'll likely receive a counter-offer from the insurer, which is typically lower than the amount you requested. Your attorney can then negotiate an acceptable settlement with the insurance company.
If you have an undisputed legal claim, your settlement will typically cover medical expenses as well as other out-of-pocket expenses due to the accident. In some cases your settlement could include compensation for future treatment that your doctor predicts 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 typically given to children and spouses who suffer because of the loss of a loved one due to an accident caused by another's negligence.
You could also be eligible for punitive damages if the defendant is found to be especially negligent. This type of payment is designed to punish the defendant and deter others from engaging in similar reckless actions.
Filing an action
After contacting an attorney for personal injuries one must begin collecting evidence of their losses. Documents like medical records, police reports and insurance policies can be included. Documentation of loss of income or property damage must be included in an insurance claim.
If the parties are unable to reach a settlement or agreement, the attorney representing the plaintiff can file an action against the defendant. The complaint will outline the claimant's version of events, outline how the actions of the defendant hurt them and ask for 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 sued. The defendant will then have the time to reply.
In this phase the parties will go through the discovery process, where they look into the claims and defenses of the other side. This could take a considerable amount of time and will likely require a significant amount of documents.
A lawyer can help in preparing for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in the calculation of damages. They may also request an equitable settlement from the insurance company. The insurance company could accept the offer, reject it, or counter-offer.
It is crucial to hire an attorney who is knowledgeable of the law in order to protect your rights and maximize the amount of compensation you receive. The right attorney can comb through all of the evidence available to ensure that you are compensated for each loss. They can also assist you to reduce unnecessary expenses and track the amount of money you're entitled.
New York law allows for each person to be compensated for their part of the blame if more than one party is responsible for an accident. A skilled attorney can also help with workers compensation cases.
Some personal injury cases require the use of experts in areas such as medicine, economics and engineering. Your lawyer will help you select an appropriate specialist to provide testimony and support your case. Depending on the situation, some cases might be tried in court, while others settle out of the court.