How to Document Your Personal Injury Compensation Claims
A personal injury attorney can assist injured victims to receive fair compensation. In order to receive the full amount of damages, it is important to keep track of your losses meticulously. Keep track of all medical expenses and out-of the pocket expenses.
Economic damages are the costs of your past and future medical expenses as well as lost wages. It also covers your suffering and pain and the loss of companionship.
Statute of limitations
If you have been injured due to another person's wrongful negligence or action It is crucial to act quickly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time limitations that protect the parties from unnecessary litigation. They prevent claims from being filed after the deadline. 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 for instance, if you want to file a lawsuit relating to injuries sustained in a car accident, the statutes of limitations are three years. For other civil actions involving negligence, such as medical malpractice or product liability, as well as wrongful death the statute of limitations is two years.
A lawyer can assist you determine the statute of limitations that applies to your case and ensure that it is filed on time. An experienced lawyer can review your case to determine if there are extensions or waivers that may be available.
It is important to know that even the time your statute of limitations has passed, you could have other claims for compensation relating to your injuries. This includes workers' compensation and Social Security disability benefits. It is advisable to speak with an attorney as soon as you can about your situation, so that they can advise you of the options available.
In the majority of instances, your statute of limitations will expire on the date of the incident that led to your injury. In some situations, like exposure to toxic substances or medical malpractice the time limit does not begin until you realize, or reasonably could have realized that your injury is result of a negligent act. This is called the discovery rule.
There are some rare situations in which the statute of limitations is "tolled", or suspended. These scenarios are factual and require an experienced personal injury lawyer to look into. If you've been injured because of someone else's negligent behavior, the lawyers at Littman & Babiarz can help. Contact us to schedule a free consultation.
Damages
A personal injury claim seeks financial compensation from the party who is responsible for your injury. The legal term for this is "damages." There are two kinds of damages which are: general and specific. General damages are meant to compensate you for the expenses resulting from your injury, including medical expenses, lost income and suffering and pain. Funeral expenses and emotional distress may be included in special damages. If a loved one died due to the reckless conduct of another you may also be entitled to damages for wrongful death.
To hold the responsible party accountable for your injuries the court must establish four elements which are breach, duty, causation and damages. To establish a duty, the defendant must have an obligation under law to act responsibly in a specific situation. In the event of a breach of this obligation is referred to as negligence. A breach of this obligation is the direct cause of the injury you sustained. To be eligible for damages the injury must have caused severe harm or significant damage.
Our Web Site that results in an injury to the hand could result in substantial medical costs and most likely a loss of income. The defendant's careless or reckless actions directly contributed to the injury. The wrongful death claim could include funeral and burial costs for your loved one, as well as emotional distress you or your family endured.
Damages that are not financial are more difficult to determine. Your lawyer will employ different methods to calculate the worth of your suffering and pain. Keep a journal to record your daily pain level as well as how your injuries have affected you physically, physically, and emotionally. This can help you prove your case. Insurance companies typically undervalue these damages in order to avoid paying more settlements.
In some rare instances you may be able to seek punitive damages to punish the negligent party. These damages are only available if the judge or jury believes that the defendant's conduct was particularly outrageous. These kinds of compensation are typically awarded in the case of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To receive these additional damages, your lawyer must prove that the defendant acted with malice, wantonness, fraud, oppression, or conscious indifference to the consequences of their actions.
Settlements
The amount you receive for your injuries depends on how your case is decided. If your claim is contested in court, a jury will decide the amount you will be awarded for your losses and injuries. In many cases the parties will reach an agreement to settle out of court. They can avoid the time and cost of a court trial. This means that victims can receive their compensation earlier than if they had to wait for the trial to be concluded.
The settlement for personal injuries includes the economic as well as other damages. The former includes costs such as medical expenses, lost wages and property damage. The latter includes aspects such as suffering and loss of enjoyment of life. Calculating a dollar value for these damages is usually difficult, but an attorney can help determine the value of your injuries.
Typically, an insurance company will usually offer a settlement prior to the case goes to trial. They will look over the evidence you've amassed and determine how they will consider your claim. You may be required to file a demand letter, which is accompanied by your evidence and a request for an appropriate compensation amount. The insurer will likely make a counter-offer which is usually less than the amount you requested. Your attorney will then negotiate a fair settlement with the insurance company.
If you have a valid claim the settlement will pay the cost of your medical treatment and other out-of-pocket expenses related to the accident. In some cases your settlement could include a portion of the future treatments that your doctor believes you will need 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 given to children or spouses who suffered as a result of the death of their loved one as a result an accident caused by negligence of someone else's.
You could also be eligible for punitive damages if the defendant is found to be particularly negligent. This kind of compensation is designed to penalize the defendant and deter others from engaging in similar reckless actions.
Filing a Lawsuit
Once a person has contacted an attorney for personal injuries the next step is collecting evidence of their losses. This may include documents like medical records or police reports, as well as insurance policies. Documentation of lost income or property damage should also be included in an insurance claim.
If the parties are unable to reach an agreement the lawyer for the plaintiff may make a claim against the defendant. The complaint will detail the claimant's version of events, describe how the actions of the defendant hurt them, and seek relief in the form of monetary compensation. A summons is also filed and delivered to the defendant. This is a notice that they are being accused of a crime. The defendant has a limited timeframe to respond.
During this time both sides will go through the discovery phase in which each party investigates the other's claims and defenses. This could take a considerable amount of time and will likely require a lot of documentation.
A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They can also to assist in calculating damages. They can also demand an equitable settlement from the insurance company. The insurance company may accept, decline or counter-offer the offer.
It is essential to have an attorney who knows the law to safeguard your rights and maximize recovery. The right attorney can go through all the evidence to confirm that your losses are being compensated. They can also assist you to reduce unnecessary expenses and keep track of the amount of money you're entitled.
New York law allows for each person to be compensated for their share of the responsibility if more than one party is accountable for an accident. A skilled attorney can also assist with workers compensation cases.
Certain personal injury cases require the assistance of experts in areas such as economics, medicine and engineering. Your lawyer will assist you select an appropriate specialist to provide testimony and support your case. Based on the circumstances, certain cases could go to trial while others settle out of the court.