How to Document Your Personal Injury Compensation Claims
An attorney for personal injury can assist injured victims to receive fair compensation. Documenting your losses is essential for obtaining full damages. This includes keeping track of your medical expenses and out-of-pocket expenses.
Economic damages cover the cost of your current and future medical expenses, as well as lost wages. It also covers the pain and suffering and loss of companionship.
Statute of Limitations
If you've been injured due to negligence or a negligent act, you should start a lawsuit as soon as you can. Statutes of limitations are legal time limitations that protect the parties from unnecessary litigation by preventing claims filed after the deadline has been met. The time limitations vary by state and type of claim, and they are often subject to specific or limited exceptions.
In New York, for example, if you wish to file a lawsuit for injuries caused by a car accident, the statutes of limitations are three years. For civil actions that involve negligence such as medical negligence and product liability, as well as wrongful death the statute of limitation is two years.
A lawyer can assist you determine the time limit applicable to your case and ensure it is filed in a timely manner. An experienced lawyer can also review your case and recommend any possible extensions or waivers of the statute of limitations in your case.
It is important to remember that even the time limit has passed, you may still be able to file other claims for compensation related to your injuries, like workers compensation or Social Security disability benefits. It is advisable to speak with an attorney as early as you can regarding your case, so that they can inform you of the options available.
In most instances, your statute of limitations will run from the date of the incident that led to your injury. In certain situations, such as exposure to toxic substances or medical malpractice the statute of limitation does not begin until you recognize or could have realized that your injury was caused by a negligent action. This is referred to as the discovery rule.
There are some rare situations where the statute of limitation is "tolled" or suspended. These scenarios are factual and require a skilled personal injury attorney to analyze. Our lawyers at Littman & Babarz can help you if you were injured as a result of the negligence of another. Contact us today to set up your free consultation.
Damages
A personal injury claim seeks financial compensation from the party who is responsible for your injury. Independence for this is "damages." There are two kinds of damages: general and special. General damages are designed to compensate you for the losses associated with your injury, including medical bills, lost income and suffering and pain. Special damages may include funeral costs and emotional stress. If your loved one passed away because of reckless behavior by another, you may be able to recover wrongful death damage.
A court must establish four elements in order to determine the party responsible for your injuries such as breach of duty, causation and damages. To establish a defendant's obligation, they must be legally bound to behave responsibly in the given circumstance. A failure to fulfill this obligation is known as negligence. The injury you suffered was directly caused by a breach of this obligation. To qualify for damages the injury must have caused severe harm or caused significant damage.
A car crash that results in an injury to the hand could result in substantial medical costs and, most likely, a loss of income. The defendant's reckless or careless actions directly led to the injury. A wrongful death claim could be a result of the funeral and burial costs of your loved one, as well as the emotional pain that you or your family experienced.
Non-financial damages can be more difficult to determine. Your attorney will employ different methods to determine the value of your suffering and pain. Keep a journal to record your pain levels throughout the day and how your injuries have affected you physically, physically, and emotionally. This can help you prove your case. Many insurance companies undervalue these damages in order to avoid paying larger settlements.
In some rare instances you may be able to obtain punitive damages to punish the party who was negligent. These damages are only awarded when an arbitrator or jury determines the defendant's behavior to be outrageous. This kind of compensation is usually granted in cases of drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. In order to receive these additional damages, you must demonstrate to your lawyer that the defendant's actions were motivated by malice or wantonness, fraud or oppression or a conscious indifference to the consequences of their actions.
Settlements
The amount of compensation you receive for your injuries depends on how your case will be determined. If your case goes to trial, a jury will determine how much they will pay you for your injuries and losses. In many cases however, the parties will agree to settle their dispute outside of court. They are able to avoid the lengthy and cost of a court trial. Additionally, it allows victims to recover their compensation sooner than they would if they waited for the trial process to be completed.
A personal injury settlement includes both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter includes aspects such as pain and suffering and the loss of enjoyment. Calculating a dollar value for these damages is often challenging however, an attorney can help determine the value of your injuries.
Insurance companies usually offer a settlement to settle your case before it goes to trial. They will examine the evidence you've amassed and determine how they value your claim. You may be required to submit an official letter of demand along with the evidence you have provided and a request for a suitable amount of compensation. The insurer is likely to offer you a counter-offer which is usually lower than the amount you request. Your attorney will then 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 and other out-of pocket expenses associated with your accident. In certain instances your settlement could include a portion of the future treatments that your doctor believes you will need because 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 granted to children or spouses who have suffered due to the loss of a loved one as a result an accident caused by negligence of someone else's.
Punitive damages may be awarded in the event that the defendant is determined to have been negligent. This kind of compensation is intended to penalize the defendant and deter others from engaging in similar reckless behaviors.
Filing an action
After contact with an attorney for personal injury one should begin collecting documentation of their losses. This could include documents such as medical records as well as police reports and insurance policies. Include evidence of damage to property or income loss in your claim.
If the parties fail to reach an agreement, the plaintiff's lawyer may make a claim against the defendant. The complaint will outline the claimant's version of events, outline how the actions of the defendant harmed them, and seek relief in the form of financial compensation. A summons is also issued and personally served on the defendant and serves as a notice that they are being sued. The defendant is then given an appropriate amount of time to respond.
In this phase each party will complete the discovery process where they examine the claims and defenses of the other. This can be a lengthy process and could require an extensive amount of documentation.
A lawyer can assist in prepare for trial by arranging for experts to testify and gathering evidence. They are also able to assist in calculating damages. They may also be able to demand a fair settlement from the insurance company. The insurance company could accept, decline or counter-offer the offer.
It is crucial to have an experienced lawyer who can protect your rights and maximize your payout. The right attorney can comb through all available evidence to confirm that you are being compensated for every loss. They can also help you eliminate unnecessary expenses and help to keep track of the funds you are entitled receive.
If more than one person is responsible for the accident, New York law allows each one of them to claim for their part of the responsibility. A competent lawyer can assist with workers' compensation claims.
Certain personal injury cases could require experts from areas like economics, medicine, and engineering. Your lawyer will assist you in selecting an expert who can provide testimony to back your case. Based on the facts of the case, it may be resolved outside of court or at trial.