How to Document Your Personal Injury Compensation Claims
A personal injury attorney can assist victims of injuries to obtain fair compensation. Documenting your losses is essential to receiving full damages. Keep track of all medical expenses as well as out-of expenses out of pocket.
Economic damages cover the costs of your past and future medical expenses, as well as lost wages. Also, it covers your pain and suffering as well as the loss of companionship.
Statute of Limitations
If you have been injured because of a negligent negligence or action it is imperative to act quickly and make a personal injury claim before the statute of limitations runs out. Statutes of limitations are legal time limitations that protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. The time limitations can differ depending on the state of origin and claim type, and are often subjected to limited or special exemptions.
For example, in New York, if you want to file a lawsuit relating to injuries sustained in an automobile accident the statute of limitations for these kinds of cases is three years. The time limit for civil actions that involve negligence is two years. This includes medical negligence, product liability, and accidental deaths.
A lawyer can assist you determine the statute of limitations that applies to your particular case and ensure that it is filed in a timely manner. A knowledgeable lawyer can review your case and recommend any possible extensions or waivers of the statute of limitations in your case.
You should be aware that even the time your statute of limitations is over, you may have other claims for compensation relating to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is advised to consult with an attorney about your case as soon as possible to ensure that they can inform you of all options.
In most cases, the statute of limitations begins to run on the date of the incident that led to your injury. However, in certain situations like exposure to harmful substances or medical malpractice the statute of limitations will not begin to run until you realize or reasonably should have realized that your injury was caused by a negligent action. This is known 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 lawyer to look into. Our lawyers at Littman & Babarz can help you if you have been injured by an unintentional act of another. Contact us today to set up your free consultation.
Damages
The purpose of a personal injury claim is to get financial compensation from the person responsible for your injuries. Damages are the legal term used to describe this. There are two kinds of damages: general and special. General damages are intended to compensate you for your losses like medical bills as well as lost wages and pain and discomfort. Special damages could include funeral costs as well as emotional distress. If a loved one passed away due to a reckless act of another you may also be entitled to damages for the wrongful death.
A court must establish four elements to find the responsible party liable for your injury that result from a breach of duty, causation and damages. To establish the duty of a defendant, they must be legally bound to act in a responsible manner in the specific situation. Failure to meet this obligation is referred to as negligence. A breach of this obligation is the direct cause of the injury you suffered. To qualify for damages, the injury must have caused severe damage or injury.
For instance, a car accident that resulted in a severed arm would result in significant medical expenses and possibly an interruption in wages. The injury was caused directly by the defendant's careless or reckless actions. A wrongful death claim might include funeral and burial costs for your loved one and emotional pain that you or your family suffered.
Damages that are not financial are more difficult to quantify. Your attorney will employ different methods to determine the amount of your pain. Keep a journal of your pain levels throughout the day and how your injuries have affected you mentally as well as physically. This will help prove your case. Many insurance companies undervalue the damages in order to avoid paying higher settlements.
In some cases, your attorney can seek punitive damages, which are meant to punish the responsible party. These damages are only available if a judge or jury feels that the defendant's conduct was particularly obscene. This kind of compensation is usually granted in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. To obtain these additional damages the lawyer must prove that the defendant was acting with malice, willful or fraud, as well as oppression or with a lack of awareness of the consequences of his or her actions.
Settlements
How your case is decided will determine the amount of compensation you will receive. If your case is heard by a jury, the jury will decide how much you are awarded for your injuries and losses. In many cases, however, parties agree to settle their claims outside of court. This allows them to 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.
The settlement for a personal injury includes the economic as well as other damages. The former includes expenses like medical costs loss of wages, property damage. The latter include things such as pain and suffering and the loss of enjoyment of life. It isn't always easy to put a monetary amount on these damages, however an experienced lawyer can assist you in determining the worth of your injuries.
Insurance companies will usually offer settlements to settle your case prior to it goes to trial. They will review the evidence you've collected and decide what they believe your claim is worth. You may have to submit an official demand letter that includes your evidence and a request for an appropriate compensation amount. You'll likely receive a counter-offer from the insurer, which is usually less than what you asked for. Your attorney will then negotiate with the insurance company to negotiate a fair settlement for your injuries.
If you have an appropriate claim the settlement will cover the cost of your medical treatment and other expenses out of pocket due to the accident. In You Tube , your settlement will also include compensation for future treatments that your doctor believes you'll require 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 type of compensation is typically granted 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.
You may also receive punitive damages if the defendant is found to be particularly negligent. This kind of compensation is designed to penalize the defendant and to discourage others from engaging in reckless behavior.
Filing an action
After contacting an attorney for personal injury one should begin accumulating evidence of their losses. This may include documents like medical records, police reports and insurance policies. Documentation of lost income or property damage should also be included in a claim.
If the parties cannot reach a settlement, the plaintiff's attorney may file an action against the defendant. The complaint will outline the claimant's account, explain the actions of the defendant and request for monetary compensation. A summons is also filed and personally served on the defendant and serves as a notice that they are being sued. The defendant is then given the time to reply.
In this process both sides will go through the discovery phase where each side investigates the defenses and claims of the other. This can take a significant amount of time and will likely involve a lot of documentation.
A lawyer can help to prepare for trial by arranging for expert witnesses and collecting evidence. They can also assist in calculating damages. They may also submit an offer to the insurance company for a fair settlement. The insurance company can accept, deny or counteroffer the offer.
It is important to have a knowledgeable lawyer to ensure your rights are protected and maximize your recovery. A competent lawyer can go through all the available evidence to verify that you are being paid for every loss. They can also assist you to eliminate unnecessary expenses and keep track of the amount of money you're entitled.
If more than one person is liable for the accident, New York law allows each of them to recover for their share of responsibility. An experienced attorney can assist in workers claims for compensation.
Some personal injury cases require the use of experts in fields such as economics, medicine and engineering. Your lawyer will help you select an expert who can provide testimony to help your case. Based on the circumstances of a case, it may be decided outside of court or at trial.