How to Document Your Personal Injury Compensation Claims
An attorney who specializes in personal injury can assist victims of injuries to obtain fair compensation. In order to receive the full amount of damages, it's important to record your losses in a meticulous manner. Keep an eye on all medical expenses and out-of pocket costs.
Economic damages cover the cost of your past and future medical expenses, as well as lost wages. Also, it covers the pain and suffering you endured and the loss of companionship.
Statute of Limitations
If you've been injured due to the negligence of someone else or by a wrongful action, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal time restrictions that protect the parties from unnecessary litigation by preventing claims from being filed after the deadline has been met. These limitations are different for each state and type of claim and are typically subject to special or limited exceptions.
In New York, for example, if you wish to file a lawsuit relating to injuries that result from a car crash the statute of limitations are three years. For civil actions that involve negligence like medical malpractice, product liability and wrongful death, the statute of limitations is two years.
A lawyer can help determine the statute of limitation that applies to your particular case and ensure that it is filed on time. A lawyer with experience will analyze your case to determine if there are any extensions or waivers that might be possible.
It is important to remember that even if the time limit has passed, you may still be able to file additional claims for compensation related to your injuries, including workers' compensation or Social Security disability benefits. It is best to consult an attorney as early as you can regarding your situation, so that they can provide you with the options available.
In most cases, the statute of limitations begins to run from the date of the underlying incident that caused your injury. However, in certain situations such as exposure to harmful substances or medical negligence, the statute of limitations will not begin to run until you realize or reasonably should have realized that your injury was caused by the negligent action. This is referred to as the discovery rule.
There are also some instances where the statute of limitations has been "tolled" or suspended, but these situations are highly fact-specific and must be examined by a knowledgeable personal injury lawyer. If you've suffered injury due to someone else's wrongful conduct, the attorneys at Littman & Babiarz can help. Contact us to schedule a free consultation.
Damages
The goal of a personal injury claim is to obtain financial compensation from the party responsible for your injury. The legal term used to describe this is "damages." There are two types of damages that are general and special. General damages are intended to provide you with compensation for your losses like medical bills as well as lost wages and discomfort and pain. Funeral expenses and emotional stress can be incorporated into special damages. If your loved one passed away because of reckless behavior by another, you may be able to claim wrongful death damage.
A court must establish four elements to determine who is responsible for your injury that result from a breach of duty, causation, and damages. To establish the duty of a defendant to be legally bound to act in a responsible manner in the particular circumstance. In the event of a breach of this obligation is referred to as negligence. The injury you sustained is directly caused by a breach of this duty. To be able to claim damages, the injury must have caused significant harm or caused significant damage.
A car crash that results in an injured hand could cause significant medical expenses and, most likely, a loss of income. High Point injury lawsuits was caused directly by the defendant's careless or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one, as well as emotional distress you or your family endured.
Non-financial damages are more difficult to calculate. Your attorney will use various methods to determine the value of your pain and suffering. Keep a diary to document your pain levels throughout the day and how your injuries affect you mentally as well as physically. This will help to support your claim. Insurance companies tend to undervalue these damages to avoid paying higher settlements.
In some rare instances, you can seek punitive damages to punish the party who was negligent. The damages can only be granted when the judge or jury finds the defendant's behavior to be outrageous. This kind of compensation is typically awarded in cases involving drunk driving accidents, or malicious acts, as well as nursing home abuse. To be eligible for these additional damages, you must demonstrate to your lawyer that the defendant was acting with malice, willfulness, or oppression or a conscious disregard for the consequences of their actions.
Settlements
How your case is decided will determine the amount of compensation that you will receive. 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 however the parties will agree to settle their dispute outside of court. This means they can avoid the time and expense of a trial. This allows victims to get their compensation sooner than the time they would have to wait for the trial to be concluded.
The settlement for a personal injury includes both economic and other damages. The former includes costs such as medical expenses, lost wages, and property damage. The latter include things like suffering, pain and the loss of enjoyment your life. It isn't always easy to quantify the value on these losses, but an experienced attorney can help you determine the worth of your injuries.
Insurance companies typically offer settlements to settle your claim before it goes to trial. They will examine the evidence you've collected and determine how much they consider your claim. You may be required to submit an order letter, together with evidence and a request for a suitable amount of compensation. You'll likely receive a counter-offer from your insurer, which is usually lower than the amount you requested. Your lawyer can negotiate with the insurer to reach an equitable settlement for your injuries.
If you have a valid claim the settlement will cover your medical expenses and other out-of pocket expenses due to the accident. In some instances the settlement may also include compensation for future treatments that your doctor believes 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 or spouses who have suffered due to the death of their loved one as a result an accident that was caused by someone else's negligence.
Punitive damages may be awarded when the defendant is found to have been particularly negligent. This kind of payment is designed to penalize the defendant and prevent others from engaging in similar reckless actions.
Filing an action
After making contact with a personal injury attorney the client must begin collecting evidence of their losses. This could include documents such as medical records or police reports, as well as insurance policies. Documentation of lost income or property damage should be included in an insurance claim.
If the parties are unable to reach a settlement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can file a suit against the defendant. The complaint will outline the plaintiff's account of the events, explain how the actions of the defendant harmed them, and seek 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 accused of a crime. The defendant is given a specific time frame in which to respond.
During this time each side will complete the discovery phase in which each side investigates the other's claims and defenses. This can take a significant amount of time and likely require a significant amount of documentation.
A lawyer can assist in making preparations for trial by organizing expert witnesses and gathering evidence. They can also to assist in calculating damages. They may also request a fair settlement from the insurance company. The insurance company could accept the offer, decline it or make a counteroffer.
It is essential to have an attorney who is knowledgeable of the law to safeguard your rights and maximize the amount of compensation you receive. The right attorney can comb through all of the available evidence to verify that you're being compensated for each loss. They can also assist you to cut out unnecessary expenses and track the amount you're entitled to.
If more than one person is liable for the accident, New York law allows each of them to recover for their part of the responsibility. A competent lawyer can assist with workers' compensation claims.
Some personal injury cases may require experts from fields such as medicine, economics, and engineering. Your lawyer will assist you in selecting an expert who can provide testimony to back your case. Based on the circumstances of a case, it may be decided outside of court or at trial.