How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can help injured victims receive fair compensation. To be able to claim full damages, it is essential 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 past and future medical expenses and lost wages. Also, it covers the pain and suffering you endured and the loss of companionship.
Statute of Limitations
If you've been injured by someone else's negligence or wrongful action, you should start a lawsuit as soon as you can. Statutes of limitation are legal time limits that safeguard parties from unnecessary litigation. They stop claims from being filed after the deadline. These time limits vary by state and claim type and are typically subject to specific or limited exceptions.
For example in New York, if you are seeking to file a lawsuit relating to injuries caused by an automobile accident the statute of limitations for these kinds of cases is three years. For other civil actions that involve negligence like medical malpractice, product liability and wrongful death the statute of limitation is two years.
A lawyer can help determine the statute of limitation that applies to your case, and ensure that it is filed in time. An experienced lawyer will review your case and recommend any possible extensions or waivers of the statute of limitations in your case.
It is important to keep in mind that even if the statute of limitations has expired but you might still be able to file other claims for compensation relating to your injuries, including workers' compensation or Social Security disability benefits. However, it is best to speak an attorney about your case as soon as possible, so that he or she can inform you of all options.
In the majority of cases, your statute of limitations starts to expire on the date of the incident that caused your injury. However, in some situations such as exposure to toxic substances or medical malpractice the statute of limitations does not start to run until you have realized or reasonably should have realized that your injury was caused by the negligent action. This is known as the discovery rule.
There are some rare situations in which the statute of limitations is "tolled", or suspended. These scenarios are factual and require a knowledgeable personal injury lawyer to look into. If you've been injured due to someone else's wrongful conduct, the attorneys at Littman & Babiarz can help. Contact us today to arrange an appointment for a no-cost consultation.
Damages
The purpose of a personal injury lawsuit is to get financial compensation from the party accountable for your injury. The legal term for this is "damages." There are two kinds of damages: general and special. General damages are intended to provide you with compensation for your losses such as medical expenses, lost wages, and discomfort and pain. Special damages may include funeral costs and emotional distress. If your loved one has died due to the reckless conduct of another, you can also recover damages for wrongful death.
A court must establish four factors to find the responsible party liable for your injury: duty, breach of duty, causation, and damages. To establish a duty, the defendant must have the legal obligation to be responsible in a specific circumstance. Negligence is the failure to perform this duty. The injury you suffered was directly caused by a violation of this duty. To be able to claim damages, the injury must have caused serious harm or caused significant damage.
A car crash that results in an injured hand could result in significant medical expenses, and most likely a loss of income. The injury was directly caused by the defendant's careless or reckless actions. A wrongful death claim might be a result of the funeral and burial costs for your loved one and emotional trauma that your family or you experienced.
Non-financial damages are harder to calculate. Your lawyer will employ various methods to calculate the value of your pain and suffering. Keeping a journal of your daily pain levels and how the injuries have affected your physical, mental and emotional well-being could aid in your claim for these damages. Insurance companies typically undervalue the damages of their clients to avoid paying higher settlements.
In rare cases your lawyer can pursue punitive damages. These are meant to punish the responsible party. The damages can only be awarded if a jury or judge finds the defendant's behavior to be particularly obscene. These kinds of compensation are usually awarded in instances of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. To receive these additional damages your lawyer must demonstrate that the defendant acted with malice, wantonness or fraud, oppression, or with a lack of awareness of the consequences of their actions.
Settlements
The amount of compensation you receive for your injuries is contingent on how your case will be determined. If your case goes to trial the jury will decide how much to award you for your losses and injuries. In a lot of cases parties, however to settle their claims outside of the courtroom. This allows them to avoid the time and cost of a trial. This also allows victims to collect their compensation earlier than if they waited for the trial process to be completed.
The settlement for personal injuries will include damages that are both economic and non-economic. The former includes costs such as medical expenses, lost wages and property damage. The latter includes aspects such as suffering, pain, and the loss of enjoyment your life. It isn't always easy to quantify the value on these damages, however an experienced attorney 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've collected and determine what they think your claim is worth. You might be required to submit a letter of demand, along with the evidence you have provided and a request for a suitable compensation amount. The insurance company will likely send you a counter-offer, that is typically lower than the amount you request. Your attorney can then negotiate with the insurance company to negotiate a fair settlement for your injuries.
If you have a valid legal claim, your settlement will generally cover your medical bills and other expenses out of pocket related to the accident. In some cases, 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 kind of compensation is typically awarded to spouses or children who have suffered because of the death of their loved one as a result an accident that was caused by the negligence of another.
This Web page are possible when the defendant is found to have been negligent. This type of compensation is intended to penalize the defendant and prevent others from engaging in similar reckless actions.
Filing an action
After making contact with a personal injury attorney, a person must begin collecting evidence of their losses. Documents such as 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 to reach an agreement, the plaintiff's lawyer may bring a lawsuit against the defendant. The complaint will outline the claimant's version, describe the actions of the defendant, and request for monetary compensation. A summons is also filed and personally served to the defendant, which is a notification that they are being sued. The defendant then has the time to reply.
During this stage, both parties 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 likely require a significant amount of documentation.
A lawyer can help to prepare for trial by arranging experts to testify and gathering evidence. They are also able to assist in calculating damages. They may also request a fair settlement from the insurance company. The insurance company may accept the offer, reject it, or offer a counteroffer.
It is essential to have an attorney who is knowledgeable of the law to protect your rights and maximize recovery. The right attorney can comb through all the available evidence to confirm that you're being compensated for every loss. They can also assist you to reduce unnecessary expenses and keep track of the amount of money you're entitled.
If more than one person is at fault for the accident, New York law allows each one of them to claim for their share of responsibility. An experienced attorney can assist with workers compensation cases.
Some personal injury cases require the use of experts in fields like economics, medicine and engineering. Your lawyer will assist you choose the right expert to testify in support of your case. Depending on the situation, some cases may be tried in court, while others settle out of the court.