How to Document Your Personal Injury Compensation Claims
A personal injury attorney can help injured victims win fair compensation. To receive full damages, it's important to document your losses carefully. Keep track of all medical expenses as well as out-of the 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 and loss of companionship.
Statute of Limitations
If you've been injured by negligence or a negligent action, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal time restrictions which safeguard parties from unnecessary litigation. They stop claims from being filed after the deadline. These time limits can vary depending on the state of origin and claim type and are typically subject to specific or limited exemptions.
For example, in New York, if you want to bring a lawsuit for injuries caused by an automobile accident the statute of limitation for these kinds of cases is three years. The time limit for civil actions involving negligence is two years. This includes medical negligence, product liability and the wrongful death of a person.
A lawyer can help you determine the statute of limitations that applies to your particular case and ensure that it is filed on time. A knowledgeable lawyer can review your case and recommend any possible extensions or waivers of the statute of limitations that apply.
It is important to keep in mind that even when the time limit has passed however, you may be able to file other claims for compensation that relate to your injuries, like workers' compensation or Social Security disability benefits. It is recommended to speak with an attorney as soon as you can about your situation, so that they can inform you of the options that are available.
In most cases, the statute of limitations begins to run from the date of the underlying incident that caused your injury. However, in certain circumstances, such as exposure to harmful substances or medical malpractice the statute of limitations does not begin to run until you have realized or reasonably should have realized that your injury was the result of a negligent action. This is known as the discovery rule.
There are rare circumstances where the statute of limitations is "tolled", or suspended. These cases are factual and require a skilled personal injury attorney to analyze. The attorneys at Littman & Babiarz can help you if you have been injured by an unintentional act of another. Contact us today to set up your free consultation.
Damages
A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term for this is "damages." There are two groups of damages: general and special. General damages are intended to pay for the losses you have suffered, such as medical bills, lost wages, and discomfort and pain. Funeral expenses and emotional stress can be incorporated into special damages. If a loved one passed away due to the reckless conduct of another you may also be able to recover damages for wrongful death.
A court must establish four factors to determine who is responsible for your injury such as breach of duty, causation, and damages. To establish the duty, the defendant must have the legal obligation to be responsible in a particular situation. In the event of a breach of this obligation is referred to as negligence. The injury you suffered is directly caused by a violation of this obligation. To qualify for damages, the injury must have caused severe harm or caused significant damage.
A car accident that causes a severed hand would result in substantial medical costs and, most likely, the loss of income. The injury was directly caused 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 have endured.
Non-financial damages are harder to determine. Your attorney will use different methods to determine the value of your pain and suffering. Keep a journal of your daily pain level as well as how your injuries affect you mentally, physically, and emotionally. This will help support your claim. Insurance companies tend to undervalue the damages of their clients to avoid paying higher settlements.
In rare cases the attorney may pursue punitive damages, which are meant to punish the negligent party. The damages can only be awarded when an arbitrator or jury determines the defendant's behavior to be outrageous. This type of compensation is usually awarded in cases of drunk driving accidents, or malicious acts, as well as nursing home abuse. To obtain these additional damages your lawyer must demonstrate that the defendant acted in a manner that was ill-intentional, shrewd, fraud, oppression, or with a lack of awareness of the consequences of their actions.
Settlements
The amount you receive for your injuries is contingent on how your case is determined. If your case goes to trial the jury will determine how much they will pay you for your losses and injuries. In many cases, the parties will agree to settle the matter outside of court. This allows them to avoid the time and cost of a trial. This also allows victims to recover their compensation earlier than have if they waited for the trial to complete.
The settlement for personal injuries includes the economic as well as other damages. The former include costs like medical expenses loss of wages, property damage. The latter covers aspects such as suffering, pain, and loss of enjoyment your life. It isn't always easy to quantify the value on these losses, but an experienced lawyer can help you determine the worth of your injuries.
Typically, an insurance company will offer an agreement before your case goes to trial. They will review the evidence you've gathered and decide what they believe your claim is worth. You may be required to provide an order letter, along with the evidence you have provided and an offer for a reasonable compensation amount. The insurer is likely to send you a counter-offer, which is usually less than the amount you requested. Your attorney will then negotiate an acceptable settlement with the insurer.
If you have an appropriate claim the settlement will cover the cost of your medical treatment and other out-of-pocket expenses related to your accident. In certain cases your settlement could include compensation for any future treatment that your doctor predicts you will require as a result.
In some cases, a settlement will include loss of consortium/companionship compensation if your injury led to the loss of a loved one. Honolulu of compensation is usually granted to spouses and children who suffer due to the loss of a loved one due to an accident caused by another person's negligence.
You may also receive punitive damages if the defendant was found to be especially negligent. This kind of compensation is intended to punish the defendant and deter others from engaging in reckless behavior.
Filing an action
After contact with a personal injury attorney, a person should begin collecting documentation of their losses. This can include documents such as medical records as well as police reports and insurance policies. Include documentation of property damage or lost income in your claim.
If the parties fail to reach an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can make a claim against the defendant. The complaint will detail the claimant's version, describe the actions of the defendant, and request for an amount of money. A summons is also filed and personally handed over to the defendant. It is a notification that they are being accused of a crime. The defendant then has the time to respond.
During this stage, both parties will complete the discovery process in which they examine the defenses and claims of the other party. It can be a long process and could require lots of documents.
A lawyer can help prepare for trial by arranging for experts to testify and gathering evidence. They can also help calculate damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company may accept the offer, reject it or make a counteroffer.
It is crucial to have a knowledgeable lawyer to ensure your rights are protected and maximize your payout. A competent lawyer can go through all available evidence to verify that you are compensated for every loss. They can also help you reduce unnecessary expenses and track the money you're entitled to.
New York law allows for every person to be compensated for their part of the responsibility in cases where more than one person is responsible for an accident. An experienced attorney can assist with workers compensation cases.
Certain personal injury cases could require the assistance of experts in areas like medicine, economics, and engineering. Your lawyer will help you choose the right expert to testify and help support your case. Depending on the situation, some cases might go to trial while others settle out of the court.