How to Document Your Personal Injury Compensation Claims
An attorney who specializes in personal injury can assist injured victims to receive fair compensation. Documenting your losses is essential to receive the full amount of damages. This includes keeping track of your medical expenses and out of pocket expenses.
Economic damages are the cost of your past and future medical expenses, as well as lost wages. It also covers pain and suffering as well as loss of companionship.
Statute of Limitations
If you have been injured by a negligent act or negligence, it is important to act quickly and make a personal injury claim before the statute of limitations runs out. Statutes of limitation are legal time limitations that safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. These time limits can vary depending on the state and the type of claim, and are often subjected to specific or limited exemptions.
In New York, for example for instance, if you want to bring a lawsuit against injuries sustained in a car accident the statutes of limitation are three years. The time limit for civil actions involving negligence is two years. This includes medical malpractice, product liability, and the wrongful death of a person.
A lawyer can assist you in determining the statute of limitations that applies to your particular case and ensure that the case is filed on time. A lawyer with experience can review your case to determine if there are any extensions or waivers that could be available.
It is important to be aware that even if your statute of limitations has expired you may still have other claims for compensation related to your injuries. This includes workers' compensation as well as 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 that are available.
In the majority of instances, the statute of limitations will begin running from the date of the incident that caused you injury. However, in certain circumstances, such as exposure to harmful substances or medical malpractice the statute of limitations will not begin to run until you have realized or reasonably should have realized that your injury was caused by a negligent act. This is known as the discovery rule.
There are rare circumstances where the statute of limitation is "tolled", or suspended. These cases are factual and require a skilled personal injury attorney to analyze. If you've been injured by someone else's reckless actions, the attorneys at Littman & Babiarz can help. Contact us today to schedule your free consultation.
Damages
A personal injury claim seeks financial compensation from the person accountable for your injuries. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are designed to compensate you for the costs resulting from your injury, such as medical bills, lost income and suffering and pain. Special damages can include funeral costs and emotional stress. If your loved one has died because of reckless behavior by another person, you could be able recover wrongful death damage.
To hold the responsible party accountable for your injury, a court must establish four elements: duty, breach, causation and damages. To establish the duty of a defendant to be legally bound to behave responsibly in the given situation. Failure to meet this obligation is known as negligence. A breach of this obligation is the direct cause of the injury you suffered. To be able to claim damages the injury must have caused serious harm or caused significant damage.
For instance a car crash which resulted in a fractured arm would result in significant medical expenses, and most likely the loss of wages. The injury was caused directly by the defendant's careless or reckless actions. The wrongful death claim could include funeral and burial expenses for your loved one, as well as emotional stress you or your family suffered.
The non-financial damages are more difficult to determine. Your attorney will employ different methods to calculate the value of your suffering and pain. Keep a record of your pain levels throughout the day and how the injuries have affected your mental, physical and emotional health can aid in your claim for these damages. Insurance companies typically undervalue these damages to avoid paying more settlements.
In rare instances, your attorney can seek punitive damages, which are meant to penalize the party who was negligent. These damages are only available when jurors or judges believe that the defendant's behavior was particularly outrageous. This type of compensation is typically awarded in cases involving drunk driving accidents, deliberate or malicious actions, and nursing home abuse. To receive these additional damages your lawyer must demonstrate that the defendant committed the offense with malice, willful, fraud, oppression, or with a lack of awareness of the consequences of his or her actions.
Settlements
The way your case is resolved will determine the amount of compensation you receive. If your claim is tried by a jury, the jury will decide the amount you're awarded for your injuries and losses. In many cases parties, however, they agree to settle out of court. This lets them avoid the time and cost of a trial. This allows victims to receive their compensation earlier than if they had to wait for the trial to be completed.
The settlement for personal injuries includes both economic and other damages. The former includes costs such as medical expenses, lost wages and property damage. The latter covers aspects such as pain, suffering and loss of enjoyment of your life. Calculating a dollar value for these damages is often challenging however an attorney can help you determine what your injuries are worth.
Typically an insurance company will offer a settlement prior to the case goes to trial. They will look over the evidence you've collected and determine what they feel your claim is worth. You may be required to provide an official letter of demand along with the evidence you have provided and an offer for a reasonable compensation amount. The insurance company will likely make a counter-offer which is often lower than the amount you request. Your attorney will then negotiate with the insurance company to negotiate an equitable settlement for your injuries.
If you have a valid claim the settlement will cover your medical expenses as well as other expenses out of pocket associated with the accident. In some cases the settlement may also include compensation for any future treatment that your doctor predicts 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 usually granted to spouses and children who suffer because of the loss of a loved one during an accident caused by someone else's negligence.
You may also receive punitive damages if the defendant is found to be particularly negligent. This type of compensation is designed to punish the defendant and discourage others from engaging in similar reckless behaviors.
Filing a Lawsuit
After making contact with a personal injury attorney one must begin collecting evidence of their losses. This could 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 to reach a settlement the lawyer for the plaintiff may bring a lawsuit against the defendant. The complaint will outline the plaintiff's version of events, outline how the actions of the defendant harmed them, and seek relief in the form of monetary compensation. A summons is also issued and personally served on the defendant as a notice that they are being accused of a crime. The defendant has a limited amount of time in which to respond.
In this process, both sides will complete the discovery phase where each side will investigate the defenses and claims of the other. This can take a significant amount of time and likely require a significant amount of documentation.
A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They may also request an equitable settlement from the insurance company. The insurance company may accept or decline the offer it or make a counteroffer.
It is crucial to hire an attorney who is knowledgeable of the law to safeguard your rights and maximize recovery. The right attorney can comb through all available evidence to verify that you are being compensated for each loss. They can also assist you to cut out unnecessary expenses and keep track of the amount you're entitled to.
If more than one person is responsible for the accident, New York law allows each one to be compensated for their part of the responsibility. Bloomington injury lawsuits can also assist with workers' compensation claims.
Some personal injury cases might require experts from fields like economics, medicine, or engineering. Your lawyer will assist you in selecting experts who can provide testimony to help your case. Based on the circumstances of a case, it can be resolved outside of court or at trial.