How to Document Your Personal Injury Compensation Claims
An attorney for personal injury can assist victims of injuries to obtain fair compensation. In order to receive the full amount of damages, it is essential to record your losses in a meticulous manner. Keep an eye on all medical expenses as well as out-of pocket costs.
Economic damages are the costs of your past and future medical expenses as well as lost wages. It also covers the pain and suffering you endured and the loss of companionship.
Statute of Limitations
If you've been injured due to another person's wrongful act or negligence it is imperative to act swiftly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal restrictions that protect parties from unnecessary lawsuits by preventing claims that are filed after the deadline has passed. These time limits can vary according to the state and the type of claim and are typically subject to special or limited exemptions.
In New York, for example when you want to file a lawsuit relating to injuries caused by a car accident the statute of limitations are 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 assist you determine the statute of limitations that applies to your particular case and ensure it is filed in a timely manner. A lawyer with experience can examine your case to determine if there are extensions or waivers that could be available.
You should be aware that even when your statute of limitation is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is advised to speak an attorney about your case as soon as you can, so that he or she can advise you of all your options.
In most cases, the statute of limitations starts to run from the date of the underlying incident which caused your injury. However, in some situations like exposure to harmful substances or medical negligence, the statute of limitations does not begin to run until you have realized or reasonably should have realized that your injury was caused by a negligent action. This is referred to as the discovery rule.
There are a few rare instances where the statute of limitation is "tolled", or suspended. These situations are highly factual and require a skilled personal injury attorney to analyze. If you have been hurt because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us for an appointment for a free consultation.
Damages
The purpose of a personal injury lawsuit is to obtain financial compensation from the party accountable for your injuries. The legal term used to describe this is "damages." There are two groups of damages which are: general and specific. General damages are meant to provide you with compensation for your losses, such as medical bills, lost wages, and discomfort and pain. Special damages may include funeral costs as well as emotional distress. If your loved one has died because of reckless behavior by a third party, you could be able recover the cost of wrongful death.
A court must establish four factors to determine the party responsible for your injuries that result from a breach of duty, causation, and damages. To establish a defendant's duty, they must be legally bound to act in a responsible manner in the given circumstance. Negligence is the failure to meet this obligation. The injury you suffered is directly caused by a violation of this duty. The injury must have caused significant damage or serious harm to qualify for damages.
For example an accident in a car that caused a broken arm would have substantial medical expenses and possibly an interruption in wages. The injury was caused directly by the defendant's careless or reckless actions. The wrongful death claim can include funeral and burial costs for your loved one and emotional pain you or your family have suffered.
Non-financial damage is more difficult to quantify. Your attorney will use various methods to determine the value of your suffering and pain. Keep Antioch injury attorney You Tube of your pain levels throughout the day and how your injuries have affected you mentally as well as physically. This will help to support your claim. Many insurance companies undervalue these damages in order to avoid paying larger settlements.
In rare cases the attorney may seek punitive damages, which are intended to punish the responsible party. These damages can only be awarded when the judge or jury finds the defendant's conduct to be particularly obscene. These types of compensations are typically awarded in the case of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. To receive these additional damages the lawyer must prove that the defendant committed the offense with malice, wantonness, fraud, oppression, or with a lack of awareness of the consequences of his or her actions.
Settlements
How your case is ruled will determine the amount of compensation you will receive. If your case goes to trial the jury will decide what they will award you for your injuries and losses. In many cases, the parties will agree to settle out of court. This allows them to save the time and money of a trial. It also allows victims to collect their compensation earlier than they would if they waited for the trial to complete.
The settlement for personal injuries will include both economic and other damages. The former include expenses like medical expenses, lost wages, and property damage. The latter include aspects like suffering and pain, as well as the loss of enjoyment of life. It can be difficult to quantify the value on these damages, however an experienced lawyer can assist you in determining the value of your injuries.
Typically an insurance company will typically offer a settlement prior to the case goes to trial. They will review the evidence you've gathered and decide what they believe your claim is worth. You might be required to submit an official letter of demand together with evidence and a request for a suitable compensation amount. You will most likely receive a counter-offer from the insurer, which is usually lower than what you requested. Your attorney can then negotiate a fair settlement with the insurance company.
If you have an undisputed legal claim, the settlement will typically cover medical expenses as well as other out-of-pocket expenses due to the accident. In certain cases your settlement could include compensation for any future treatment your doctor predicts you'll 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. This kind of compensation is usually awarded to spouses and children who suffer as a result of the death of a loved one in an accident caused by another person's negligence.
You could also be awarded punitive damages if the defendant was found to be especially negligent. This kind of compensation is designed to punish the defendant and discourage others from engaging in similar reckless actions.
Filing an action
After contacting a personal injury attorney one must begin collecting evidence of their losses. Documents like medical records, police reports and insurance policies can be included. Documentation of lost income or property damage must be included in a claim.
If the parties cannot agree on a settlement or agreement, the attorney representing the plaintiff can start an action against the defendant. The complaint will detail the claimant's version of events, outline how the actions of the defendant harmed them, and seek relief in the form monetary compensation. A summons will also be filed and personally served on the defendant and serves as a notice that they are being accused of a crime. The defendant has a limited timeframe to respond.
In this stage, both parties will complete the discovery process in which they examine the defenses and claims of the other party. This can take a significant amount of time and likely involve a lot of documents.
A lawyer can assist in making preparations for trial by organizing expert witnesses and gathering evidence. They can also assist in calculating damages. They can also demand an equitable settlement from the insurance company. The insurance company can accept the offer, reject it or make a counteroffer.
It is vital to have an attorney who is familiar with the law to safeguard your rights and maximize the amount of compensation you receive. An experienced lawyer will comb through all the available evidence to verify that you're being compensated for each loss. They can also eliminate unnecessary expenses and help you to keep track of all the amount you are entitled to receive.
New York law allows for every person to be compensated for their share of the blame if more than one person is responsible for an accident. A knowledgeable attorney can assist in workers claims for compensation.
Some personal injury cases require the use of experts in areas such as medicine, economics and engineering. Your lawyer will assist you in selecting a specialist who can testify to support your case. Based on the circumstances of the case, it could be resolved outside of court or at trial.