How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can help injured victims receive fair compensation. The process of documenting your losses is vital to receiving full damages. This includes keeping an eye on your medical treatment and out-of-pocket expenses.
Economic damages cover the cost of your current and future medical expenses as well as lost wages. Also, it covers the pain and suffering you endured, as well as the loss of companionship.
Statute of limitations
If you've been injured due to the negligence of someone else or by a wrongful act, you must begin a lawsuit as quickly as you can. Statutes of limitations are legal limitations that protect the parties from unnecessary litigation by preventing claims filed after the deadline has passed. The time limitations vary by state and type of claim, and are typically subject to special or limited exceptions.
For example, in New York, if you are seeking to file a lawsuit over injuries that result from an auto accident the statute of limitations for these cases is three years. The statute of limitations for civil actions which involve negligence is two years. This includes medical negligence, product liability, and accidental deaths.
A lawyer can help you determine the time limit that applies to your particular case and ensure it is filed on time. An experienced lawyer can examine your case to determine if there are extensions or waivers that might be available.
It is important to remember that even if the time limit has passed but you might still be able to make claims for compensation relating to your injuries, including workers' compensation or Social Security disability benefits. However, it is best to speak with an attorney regarding your situation as soon as you can and so that they can provide you with all options.
In the majority of cases, your statute of limitations starts to expire on the date of the incident that led to your injury. However, in certain situations like exposure to toxic substances or medical malpractice the statute of limitations does not begin to run until you realize or should have known that your injury was caused by the negligent action. This is known as the discovery rule.
There are also instances where the statute of limitations is "tolled" or suspended, but these situations are highly fact-specific and must be assessed by a competent personal injury lawyer. Littman & Babiarz's attorneys can assist you if were injured as a result of an unintentional act of another. Contact us today to schedule 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 types of damages which are: general and specific. General damages are meant to provide you with compensation for your losses like medical bills as well as lost wages and discomfort and pain. Special damages could include funeral expenses and emotional stress. If your loved one died due to reckless conduct by a third party, you could be able recover damages for wrongful death.
A court must establish four elements to find the responsible party liable for the harm you suffered that result from a breach of duty, causation and damages. To establish the duty, the defendant must have the legal obligation to be responsible in a specific situation. A failure to fulfill this obligation is known as negligence. Greeley injury lawyer suffered was directly caused by a violation of this duty. To be eligible for damages the injury must have caused severe harm or significant damage.
A car accident that causes a severed hand would cause significant medical expenses and most likely loss of income. The defendant's reckless or negligent actions directly contributed to the injury. A claim for wrongful death could include funeral and burial costs of your loved one as well as emotional distress that your family or you experienced.
Damages that are not financial are more difficult to calculate. Your lawyer will employ various methods to calculate the value of your suffering and pain. Maintaining a log of your daily pain levels and how your injuries have affected your physical, mental and emotional health can aid in proving your claim for these damages. Insurance companies tend to undervalue the damages of their clients to avoid paying higher settlements.
In rare cases you may be able to seek punitive damages to punish the party who was negligent. These damages can only be awarded if the judge or jury finds the defendant's behavior to be particularly obscene. This kind of compensation is typically awarded in cases of drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. To receive these additional damages, your lawyer must prove that the defendant was acting in a manner that was ill-intentional, shrewd, fraud, oppression, or with a lack of awareness of the consequences of his or her actions.
Settlements
The amount of compensation you receive for your injuries will depend on how your case is determined. If your claim is tried by a jury, the jury will decide the amount you will be awarded for your injuries and losses. In many cases however the parties will agree to settle the matter outside of court. They are able to avoid the time and expense of a court trial. This allows victims to receive their compensation earlier than the time they would have to wait for the trial to be concluded.
The settlement for personal injuries will include the economic as well as other damages. The former include costs like medical expenses, lost wages, and property damage. The latter covers aspects like suffering, pain, and loss of enjoyment of your life. The process of determining a value for these damages can be difficult however an attorney can help determine what your injuries are worth.
Typically, an insurance company will usually offer an agreement before your case goes to trial. They will examine the evidence you've gathered and determine how much they will consider your claim. You may be required to file a demand letter, which includes your evidence and a request for the appropriate compensation amount. Most likely, you will receive a counter-offer by the insurer, which is typically less than what you asked for. Your lawyer can negotiate a fair settlement with the insurance company.
If you have a valid claim, the settlement will cover your medical expenses as well as other expenses out of pocket due to the accident. In certain instances your settlement could include compensation for future treatments that your doctor believes you'll require 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 type of compensation is typically awarded to spouses and children who are suffering as a result of the death of a loved one during an accident caused by another's negligence.
Punitive damages may be awarded when the defendant is found to have been negligent. This type of compensation is designed to punish the defendant and prevent others from engaging in similar reckless behaviors.
Filing an action
After a person has spoken with a personal injury lawyer, they should begin to collect evidence of their losses. Documents like medical records, police reports and insurance policies may be included. Include documentation of damage to your property or income loss in your claim.
If the parties fail to reach a settlement 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 provide the claimant's argument, outline the actions of the defendant, and request for monetary compensation. A summons is also filed and personally served to the defendant, which is a notification that they are being accused of a crime. The defendant then has an appropriate amount of time to respond.
In this stage, both parties will complete the discovery process where they investigate the defenses and claims of the other party. It can be a long process and could require lots of documents.
A lawyer can help to prepare for trial by arranging for experts to testify and gathering evidence. They will also be able to assist in the calculation of damages. They can also demand a fair settlement from the insurance company. The insurance company could accept, decline or counter-offer the offer.
It is important to have an experienced lawyer to ensure your rights are protected and maximize your payout. The right attorney can comb through all the available evidence to verify that you're being compensated for each loss. They can also weed out unnecessary expenses and help to keep track of the amount you are entitled to receive.
If more than one person is responsible for the accident, New York law allows each one to be compensated the amount they owe. A skilled lawyer can also assist with workers' compensation claims.
Some personal injury cases require the involvement of experts in fields like economics, medicine and engineering. Your lawyer will assist you in selecting an expert who can provide testimony to help your case. Depending on the specifics of the case, it could be decided out-of-court or in a trial.