How to Document Your Personal Injury Compensation Claims
A personal injury attorney can assist victims of injuries to obtain fair compensation. To be able to claim full damages, it is important to document your losses carefully. Keep track of the medical expenses and out of pocket costs.
Economic damages cover the costs of your past and future medical expenses and lost wages. Also, it covers pain and suffering and loss of companionship.
Statute of Limitations
If you've suffered injuries due to the negligence of someone else or by a wrongful act, you must begin a lawsuit as quickly as possible. Statutes of limitations are legal time restrictions that shield parties from unnecessary litigation by preventing claims filed after the deadline has expired. These limitations are different for each state and type of claim, and are usually subject to special or limited exceptions.
In New York, for example when you want to file a lawsuit relating to injuries that result from a car crash 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 wrongful deaths.
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 examine your case and suggest any possible extensions or waivers of the statute of limitations that are in effect.
It is important to note that even the statute of limitations has expired but you might still be able to file additional claims for compensation relating to your injuries, including workers compensation or Social Security disability benefits. However, it is advised to consult with an attorney regarding your case as soon as you can, so that they can inform you of the options available to you.
In most instances, the statute of limitations begins to begin running from the date of the incident that caused you injury. In some situations, like exposure to toxic substances or medical malpractice, the time limit does not begin until you realize or could have realized that your injury is result of a negligent act. This is known as the discovery rule.
There are also some instances where the statute of limitations is "tolled" or suspended, but these situations are highly fact-specific and must be analyzed by a skilled personal injury lawyer. If you have been hurt by someone else's reckless behavior, the lawyers at Littman & Babiarz can help. Contact us to schedule an appointment for a no-cost consultation.
Damages
The goal of a personal injury claim is to receive financial compensation from the party responsible for your injuries. The legal term for this is "damages." There are two types of damages that are general and special. General damages are designed to pay for the losses you have suffered such as medical expenses or lost wages, as well as discomfort and pain. Special damages can include funeral expenses and emotional distress. If your loved one has died due to a reckless act of another, you can also recover damages for the wrongful death.
To hold the responsible party accountable for your injuries, a court must establish four elements that include breach, duty, causation and damages. To establish a defendant's obligation, they must be legally bound to act responsibly in the particular situation. Negligence is the failure to perform this obligation. A breach of this duty is the direct cause of the injury you suffered. To be able to claim damages the injury must have caused significant harm or caused significant damage.
A car crash that results in a severed hand would result in substantial medical costs, and most likely the loss of income. The injury was directly caused by the defendant's careless 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 have endured.
Non-financial damages can be more difficult to determine. Your attorney will use different methods to determine the value of your pain and suffering. Keep a journal to record your daily pain level and how your injuries have affected you mentally physical, emotionally, and physically. This will help prove your case. Many insurance companies undervalue these damages in order to avoid paying larger settlements.
In some cases, your attorney can seek punitive damages, which are meant to punish the negligent party. These damages are only available if jurors or judges believe that the defendant's behavior was particularly obscene. This type of compensation is usually awarded in cases of drunk driving accidents, deliberate or malicious acts, and nursing home abuse. To be eligible for these additional damages your lawyer must demonstrate that the defendant was acting with malice, wantonness or fraud, oppression, or with a lack of awareness of the consequences of their actions.
Settlements
The amount you receive for your injuries will depend on how your case will be decided. If your claim is tried by a jury, the jury will decide the amount you're awarded for your losses and injuries. In many cases parties, however to settle out of the courtroom. They are able to avoid the time and expense of a court trial. This means that victims can get their compensation sooner than if they had to wait for the trial to be concluded.
A personal injury settlement covers both economic and non-economic damages. The former covers costs such as medical expenses, lost wage and property damage. The latter include things such as suffering and pain, as well as the loss of enjoyment. Calculating a dollar value for these damages is often challenging however an attorney can help determine what your injuries are worth.
Insurance companies usually offer an agreement to settle your case prior to it goes to trial. They will review the evidence you have amassed and determine how they value your claim. You may be required to provide an official letter of demand along with the evidence you have provided and an appropriate amount of compensation. The insurance company will likely send you a counter-offer, which is often less than the amount you requested. Your attorney will then negotiate with the insurance company to negotiate an acceptable settlement for your injuries.
If you have a valid claim, the settlement will cover your medical expenses and other expenses out of pocket associated with the accident. In some instances your settlement could include compensation for future treatment that your doctor estimates 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 usually awarded to spouses and children who are suffering due to the loss of a loved one in an accident caused by someone else's negligence.
You could also be awarded punitive damages if you were found to be negligent in particular. This kind of compensation is intended to punish the defendant and prevent others from engaging in similar reckless behaviors.
Filing an action
After making contact with an attorney for personal injury one should begin accumulating evidence of their losses. Documents such as medical records, police reports and insurance policies could be included. Documentation of lost income or property damage must be included in the claim.
If the parties are unable to reach an agreement, the plaintiff's lawyer may file a suit against the defendant. The complaint will outline the plaintiff's version of events, describe how the defendant's actions harmed them, and seek relief in the form monetary compensation. A summons will also be issued and personally served on the defendant as a notice that they are being sued. The defendant is given a certain time frame in which to respond.
In this process each side will complete the discovery phase in which each side will investigate the defenses and claims of the other. Arlington injury lawsuit can take a significant amount of time, and will likely require a lot of documentation.
A lawyer can assist in prepare for trial by arranging experts to testify and gathering evidence. They can also help calculate damages. They can also make an offer to the insurance company for an appropriate settlement. The insurance company may accept, deny or counter-offer the offer.
It is crucial to have a knowledgeable lawyer to protect your rights and maximize your payout. A good lawyer will be able to go through all the evidence available to verify that your losses are being compensated. They can also help you reduce unnecessary expenses and track the amount of money you're entitled.
New York law allows for each person to be compensated for their share of the responsibility in cases where more than one person is responsible for an accident. A skilled attorney can also assist in workers compensation cases.
Some personal injury cases require the involvement of experts in fields like economics, medicine and engineering. Your lawyer will help you choose the right expert to testify in support of your case. Based on the circumstances, certain cases might go to trial while others settle out of the court.