How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can assist victims of injuries receive fair compensation. To receive full damages, it is important to keep track of your losses meticulously. This includes keeping the track of your medical treatment and out-of-pocket expenses.
Economic damages cover the costs of your past and future medical expenses as well as lost wages. It also covers your suffering and pain as well as the loss of companionship.
YouTube of Limitations
If you've suffered an injury due to another person's wrongful act or negligence it is imperative that you act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal time limitations that safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. The time limitations can differ depending on the state of origin and claim type, and are often subjected to specific or limited exemptions.
In New York, for example when you want to file a lawsuit relating to injuries that result from a car crash the statute of limitations are three years. For other civil actions that involve negligence like medical malpractice or product liability, as well as wrongful death the statute of limitations is two years.
A lawyer can help determine the statute of limitations that applies to your case and ensure that it is filed in a timely manner. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations that apply.
It is important to note that even the statute of limitations has run out, you may still be able to file additional claims for compensation that relate to your injuries, like workers compensation or Social Security disability benefits. It is recommended to speak an attorney about your situation as soon as you can, so that they can inform you of all options.
In most cases, your statute of limitations will expire on the date of the incident that led to your injury. However, in some situations, such as exposure to harmful substances or medical malpractice, the statute of limitations will not begin to run until you have realized or should have known that your injury was caused by the negligent action. This is referred to as the discovery rule.
There are some rare situations in which the statute of limitations is "tolled" or suspended. These situations are highly factual and require a knowledgeable personal injury lawyer to look into. 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
The purpose of a personal injury claim is to get financial compensation from the person responsible for your injuries. The legal term used to describe this is "damages." There are two types of damages: general and special. General damages are meant to compensate you for losses associated with your injury, including medical bills, lost income and pain and suffering. Special damages could include funeral costs and emotional distress. If your loved one passed away because of reckless behavior by another person, you could be able to claim the cost of wrongful death.
To hold the party responsible accountable for your injury the court must establish four elements which are breach, duty, causation and damages. To establish a defendant's obligation to act responsibly, they must be legally bound to behave responsibly in the specific situation. Negligence is the failure to meet this duty. A breach of this obligation is a direct cause for the injury you suffered. The injury must have caused substantial damage or caused serious harm to be able to claim damages.
For instance an accident in a car which resulted in a fractured arm would result in significant medical expenses and possibly an interruption in wages. The injury was directly caused by the defendant's negligent or reckless actions. A wrongful death claim might be a result of the funeral and burial expenses for your loved one and emotional distress that you or your family suffered.
Non-financial damages are more difficult to calculate. Your lawyer will employ various methods to calculate the worth of your pain and suffering. Keeping a journal of your daily pain levels and how the injuries have affected your mental, physical and emotional health can help support your claim for these damages. Many insurance companies underestimate the value of these damages to avoid paying higher settlements.
In rare cases, you can seek punitive damages to punish the party who was negligent. These damages can only be granted when an arbitrator or jury determines the defendant's behavior to be particularly obscene. This kind of compensation is usually awarded in cases of drunk driving accidents, or malicious acts, as well as nursing home abuse. To be eligible for these additional damages, you need to demonstrate to your lawyer that the defendant's actions were motivated by willful or malicious intent, fraud or oppression, or a conscious disregard for the consequences of their actions.
Settlements
How your case is ruled will determine the amount of compensation you receive. If your case is heard, a jury will determine the amount you're awarded for your losses and injuries. In a lot of cases parties, however, they agree to settle their claims outside of the courtroom. They are able to avoid the lengthy and expense of a court trial. This allows victims to receive their compensation earlier than those who had to wait for the trial to be completed.
A personal injury settlement includes both economic and non-economic damages. The former includes expenses like medical costs loss of wages, property damage. The latter include things like pain, suffering and the loss of enjoyment your life. It can be difficult to determine a dollar amount on these damages, however an experienced lawyer can help you determine the value of your injuries.
Typically an insurance company will typically offer an agreement before your case goes to trial. They will look over the evidence you've collected and decide what they believe your claim is worth. You may have to file a demand letter, which is accompanied by evidence and an offer for a suitable compensation amount. The insurer is likely to offer you a counter-offer which is often lower than your requested amount. Your lawyer can negotiate with the insurer to reach an acceptable settlement for your injuries.
If you have an appropriate legal claim, your settlement will generally cover your medical bills as well as other out-of-pocket expenses due to the accident. In some instances 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 granted to children or spouses who suffered as a result of the death of a loved ones due to an accident caused by someone else's negligence.
You may also receive punitive damages if the defendant is found to be particularly negligent. This kind of compensation is intended to penalize the defendant and deter others from engaging in similar reckless behaviors.
Filing an action
After a person has spoken with a personal injury lawyer and has been advised to collect evidence of their losses. This can include documents such as medical records, police reports and insurance policies. Documentation of lost income or property damage should also be included in a claim.
If the parties fail to come to an agreement 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 provide the claimant's version, describe the actions of the defendant and request for the amount of compensation. A summons is also filed and personally handed over to the defendant. This is a notice that they are being accused of a crime. The defendant is given a specific amount of time in which to respond.
During this stage the parties will go through the discovery process where they look into the claims and defenses of the other. It can be a long process and may involve a great deal of documentation.
A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in calculating damages. They may also submit an offer to the insurance company for a fair settlement. The insurance company could accept the offer, decline it, or counter-offer.
It is crucial to hire an attorney who is knowledgeable of the law to protect your rights and maximize the amount of compensation you receive. The right attorney can go through all the evidence to verify that your losses are being compensated. They can also weed out unnecessary expenses and help you to keep track of the funds you are entitled receive.
If more than one person is at fault for the accident, New York law allows each of them to recover for their part of the responsibility. An experienced attorney can assist in workers' compensation cases.
Some personal injury cases may require the assistance of experts in areas like economics, medicine, or engineering. Your lawyer will assist you in selecting an expert who will be able to provide evidence to back your case. Depending on the circumstances, some cases could go to trial, while others will settle outside of the court.