How to Document Your Personal Injury Compensation Claims
An attorney for personal injury can assist victims of injuries to obtain fair compensation. The process of documenting your losses is vital for obtaining full damages. This includes keeping an eye on 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 your suffering and pain as well as the loss of companionship.
Statute of Limitations
If you've suffered injuries due to someone else's negligence or wrongful action, you should begin a lawsuit as quickly as possible. Statutes of limitation are legal time restrictions which safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. These limitations are different for each state and type of claim, and are typically restricted to certain or specific 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. The statute of limitations for civil actions which involve 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 in a timely manner. An experienced lawyer can also analyze your case and suggest any possible extensions or waivers of the statute of limitations in your case.
It is important to know that even the time your statute of limitations has passed, you could have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. It is best to consult an attorney as soon as you can about your situation, so that they can provide you with the options available.
In the majority of cases, your statute of limitations begins to run from the date of the underlying incident that caused your injury. In some instances, like exposure to toxic substances or medical malpractice the time limit does not begin until you are aware that you should have known, that your injury is result of a negligent act. This is referred to as the discovery rule.
There are some rare situations where the statute of limitations is "tolled", or suspended. These situations are highly factual and require an experienced personal injury attorney to analyze. If you have been hurt by someone else's reckless conduct, 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 responsible for your injury. The legal term for this is "damages." There are two groups of damages which are: general and specific. General damages are meant to compensate you for your losses, such as medical bills or lost wages, as well as discomfort and pain. Special damages may include funeral expenses and emotional stress. If your loved one has died because of another's reckless behavior, you can also recover damages for wrongful death.
To hold the responsible party accountable for your injury, a court must establish four elements that include breach, duty, damages and causation. To establish a defendant's obligation, they must be legally bound to behave responsibly in the particular situation. 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 in order to be eligible for damages.
A car accident resulting in an injured hand could result in significant medical expenses and most likely a loss of income. The injury was caused directly by the defendant's negligent or reckless actions. A wrongful death claim could involve the funeral and burial costs for your loved one as well as emotional pain that you or your family felt.
Damages that are not financial are more difficult to calculate. Your attorney will employ a variety of methods to determine the value of your pain and suffering. Keep a journal of your daily pain level and how your injuries affect you mentally, physically, and emotionally. This can help you to support your claim. Insurance companies tend to undervalue these damages to avoid paying more settlements.
In rare cases you may be able to seek punitive damages to punish the party who was negligent. These damages are only available if a judge or jury feels that the defendant's conduct was especially outrageous. This type of compensation is usually awarded in cases of drunk driving accidents, intentional or malicious acts, and nursing home abuse. To obtain these additional damages, your lawyer must prove that the defendant acted with malice, willful, fraud, oppression, or conscious indifference to the consequences of his or her actions.
Settlements
How your case is decided will determine the amount of compensation that you will receive. If Lowell injury lawyers is heard by a jury, the jury will decide how much you are awarded for your losses and injuries. In many cases however the parties will agree to settle the matter outside of court. They are able to avoid the lengthy and expense of a court trial. This also allows victims to collect their compensation sooner than have if they waited for the trial process to complete.
A personal injury settlement can include both economic and non-economic damages. The former includes expenses like medical costs, lost wage and property damage. The latter includes aspects like suffering, pain, and the loss of enjoyment your life. It can be difficult to put a monetary amount on these losses, but an experienced lawyer can assist you in determining the worth of your injuries.
Insurance companies will usually offer an agreement to settle your case prior to it goes to trial. They will review the evidence you've collected and determine how much they will consider your claim. You may be required to submit an order letter, along with your evidence and an appropriate amount of compensation. You will most likely receive a counter-offer from the insurer, which is usually less than what you asked for. Your attorney can then negotiate with the insurer to reach an equitable settlement for your injuries.
If you have an appropriate claim, the settlement will cover the cost of your medical treatment and other out-of pocket expenses related to the accident. In some instances your settlement could include a portion of 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 type of compensation is typically granted to spouses and children who have suffered because of the loss of a loved one due to an accident caused by another's negligence.
Punitive damages can be awarded when the defendant is found to have been particularly negligent. This kind of compensation is intended to penalize the defendant and prevent others from engaging in similar reckless actions.
Filing a Lawsuit
After making contact with an attorney for personal injury one should begin accumulating evidence of their losses. This may include documents like medical records or police reports, as well as insurance policies. Documentation of lost income or property damage should be included in the claim.
If the parties are unable reach a settlement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can file a suit against the defendant. The complaint will provide the claimant's account, explain the actions of the defendant, and request for monetary compensation. A summons will also be filed and personally served to the defendant as a notice that they are being sued. The defendant will then have an appropriate amount of time to reply.
During this time, both sides will complete the discovery phase in which each party investigates the defenses and claims of the other. This could be a lengthy process and may involve lots of documents.
A lawyer can aid in the preparation for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They may also be able to demand a fair settlement from the insurance company. The insurance company can accept the offer, decline it, or offer a counteroffer.
It is essential to have an attorney who knows the law to safeguard your rights and maximize the amount of compensation you receive. A competent lawyer can go through all available evidence to verify that you're being compensated for each loss. They can also weed out unnecessary expenses and assist you to keep track of all the amount you are entitled to receive.
New York law allows for each person to be compensated for their part of the blame if more than one party is accountable for an accident. A skilled lawyer can also assist with claims for workers' compensation.
Some personal injury cases might require experts from areas like economics, medicine, and engineering. Your lawyer will help you choose a qualified expert to testify in support of your case. Depending on the facts of a case, it can be resolved outside of court or at trial.