How to Document Your Personal Injury Compensation ClaimsAn attorney who specializes in personal injury lawyers can help injured victims win fair compensation. It is crucial to document your losses to receive the full amount of damages. Keep an eye on all medical expenses as well as out-of the pocket expenses.
Economic damages are the cost of your current 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 because of a negligent action or negligence It is crucial that you act quickly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time restrictions which safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. These limitations are different for each state and type of claim and they are often restricted to certain or specific exceptions.
In New York, for example for instance, if you want to bring a lawsuit against injuries caused by a car accident the statute of limitations are three years. For 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 limitations applicable to your case and ensure that it is filed in time. A lawyer with experience will review your case to determine if there are any extensions or waivers that might be possible.
It is important to know that even the time your statute of limitations has passed, you could have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is best to consult an attorney about your case as soon as you can, so that they can inform you of the options available to you.
In the majority of instances, the statute of limitations starts to run from the date of the incident that led to your injury. However, in certain circumstances, such as exposure to harmful substances or medical malpractice the statute of limitations does not start to run until you realize or should have known that your injury was caused by the negligent act. This is referred to as the discovery rule.
There are also a few exceptional situations where the statute of limitations is "tolled" or suspended, but these situations are very specific to the facts and need to be examined by a knowledgeable personal injury lawyer. If you've suffered injury because of someone else's negligent actions, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation.
Damages
A personal injury claim seeks financial compensation from the person responsible for your injury. The legal term used to describe this is "damages." There are two groups of damages which are: general and specific. General damages are intended to compensate you for the expenses resulting from your injury, including medical bills, lost income and pain and suffering. Funeral costs and emotional distress can be incorporated into special damages. If your loved one passed away because of reckless behavior by another person, you could be able recover damages for wrongful death.
To hold the responsible party accountable for your injuries, a court must establish four elements which are breach, duty, causation and damages. To establish the duty, the defendant must have an obligation under law to behave responsibly in a particular situation. In the event of a breach of this obligation is referred to as negligence. A breach of this duty is the direct cause of the injury you suffered. The injury must have caused substantial damage or serious injury to be able to claim damages.
A car accident that causes an injury to the hand could result in substantial medical costs and most likely loss of income. The defendant's reckless or negligent actions directly led to the injury. A wrongful death claim could include funeral and burial costs of your loved one as well as emotional distress that you or your family suffered.
Non-financial damages are more difficult to determine. Your attorney will use different methods to determine the worth of your pain. Maintaining a log of your pain levels throughout the day and how your injuries have affected your mental, physical and emotional health can aid in your claim for these damages. Many insurance companies undervalue these damages in order to avoid paying larger settlements.
In some cases your lawyer can seek punitive damages, which are designed to punish the responsible party. These damages are only awarded when the judge or jury finds the defendant's conduct to be particularly outrageous. This type of compensation is usually granted in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. To be eligible for these additional damages, you must prove to your lawyer that the defendant was acting with willful or malicious intent, fraud or oppression, or a conscious disregard for the consequences of their actions.
Settlements
The way your case is resolved will determine the amount of compensation you will receive. If your claim is contested in court, a jury will decide how much you are awarded for your injuries and losses. In many cases however, the parties will agree to settle out of court. This means they can 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 concluded.
The settlement for personal injury compensation injuries includes damages that are both economic and non-economic. The former covers expenses like medical costs loss of wages, property damage. The latter includes aspects like pain and suffering and the loss of enjoyment of life. It isn't always easy to determine a dollar amount 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 gathered and determine what they feel your claim is worth. You may have to file a demand letter, which is accompanied by evidence and a request for an appropriate compensation amount. You will most likely receive a counter-offer from the insurance company, which is usually lower than what you requested. Your lawyer can negotiate with the insurance company to negotiate an acceptable settlement for your injuries.
If you have an appropriate claim the settlement will cover your medical expenses as well as other out-of-pocket expenses due to the accident. In some cases your settlement could include compensation for any future treatments that your doctor believes you will need 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 usually awarded to spouses or Personal Injury Compensation Claims children who suffered as a result of the death of their loved ones as a result of an accident that was caused by someone else's negligence.
You could also be eligible for punitive damages if the defendant was found to be particularly negligent. This type of compensation is designed to penalize the defendant and deter others from engaging in similar reckless behavior.
Filing a Lawsuit
Once someone has contacted a personal injury lawyer the next step is collecting evidence of their losses. This can include documents such as medical records as well as police reports and insurance policies. Include documentation of damage to your property or income loss in your claim.
If the parties are unable reach an agreement the lawyer for the plaintiff may file a suit against the defendant. The complaint will outline the plaintiff's version of events, describe how the actions of the defendant hurt them, and seek relief in the form monetary compensation. A summons is also filed and personally delivered to the defendant. It is a formal notice that they are being sued. The defendant has a limited timeframe to respond.
In this phase the parties will go through the discovery process, where they investigate the defenses and claims of the other party. This could take a considerable amount of time and will likely require a significant amount of documents.
A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They can also to assist in the calculation of damages. They can also demand a fair settlement from the insurance company. The insurance company may accept the offer, personal injury compensation claims reject it or make a counteroffer.
It is important to have an experienced lawyer to protect your rights and maximize your recovery. The right attorney will be able to go through all the evidence available to confirm that your losses are compensated. They can also eliminate unnecessary expenses and help you to keep track of the money you are entitled to receive.
If more than one person is liable for the accident, New York law allows each of them to recover for their share of responsibility. A knowledgeable lawyer can also assist with claims for workers' compensation.
Some personal injury cases might require experts from fields like economics, medicine, and engineering. Your lawyer will help you choose the right expert to testify and help support your case. Based on the specifics of a case, it can be decided outside of court or at trial.