It's The Ugly Facts About Injury Compensation Claims
How to Document Your Personal Injury Compensation Claims
A personal injury attorney can assist victims of injuries to obtain fair compensation. To receive full damages, it's important to record your losses in a meticulous manner. 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. Also, it covers your suffering and pain, as well as the loss of companionship.
Statute of limitations
If you've suffered injuries due to negligence or a negligent act, you should start a lawsuit as soon as possible. Statutes of limitations are legal restrictions that protect parties from unnecessary litigation by preventing claims from being filed after the deadline has expired. These limitations are different for each state and claim type and they are often subject to special or limited exceptions.
In New York, for example when you want to bring a lawsuit against injuries caused by a car accident, the statutes of limitations are three years. The time limit for civil actions that involve negligence is two years. This includes medical malpractice, product liability, and accidental deaths.
A lawyer can assist you in determining the statute of limitation that applies to your particular case, and ensure that it is filed on time. A knowledgeable lawyer can examine your case and suggest any possible extensions or waivers of the statute of limitations in your case.
It is important to note that even when the statute of limitations has expired, you may still be able to file additional claims for compensation that relate to your injuries, including workers compensation or Social Security disability benefits. It is recommended to consult with an attorney about your situation as soon as you can and so that he or she can advise you of all your options.
In the majority of cases, the statute of limitations starts to run on the date of the underlying incident that led to your injury. However, in certain situations such as exposure to harmful 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 act. This is called the discovery rule.
There are also a few rare circumstances when the statute of limitations is "tolled" or suspended, but these cases are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. Littman & Babiarz's attorneys can assist you if you have been injured due to the negligence of another. Contact us to schedule an appointment for a free consultation.
Damages
The goal of a personal injury claim is to obtain financial compensation from the person accountable for your injuries. The legal term for this is "damages." There are two types of damages: general and special. General damages are intended to compensate you for losses associated with your injury, such as medical bills, lost income, and suffering and pain. Funeral expenses and emotional stress may be included in special damages. If a loved one passed away due to a reckless act of another you may also be entitled to damages for the wrongful death.
To hold the party responsible accountable for your injuries, a court must establish four elements that include breach, duty, causation and damages. To establish the duty of a defendant to be legally bound to behave responsibly in the specific situation. Negligence is the failure to meet this duty. The injury you suffered was directly caused by a breach of this duty. To be eligible for damages the injury must have caused significant damage or injury.
For example a car crash which resulted in a fractured arm would result in significant medical expenses and possibly a loss of wages. You Tube or careless actions directly contributed to the injury. A claim for wrongful death could involve the funeral and burial costs of your loved one, as well as the emotional distress that your family or you experienced.
Non-financial damages can be more difficult to calculate. Your lawyer will employ a variety of methods to determine the value of your pain and suffering. Maintaining a log of your daily pain levels and how your injuries have affected your physical, mental, and emotional well-being can aid in your claim for these damages. Many insurance companies undervalue these damages in order to avoid paying larger settlements.
In rare cases, your attorney can pursue punitive damages, which are intended to punish the responsible party. The damages can only be awarded if the judge or jury finds the defendant's behavior to be particularly obscene. These kinds of compensation are usually awarded in instances of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To be eligible for these additional damages the lawyer must prove that the defendant acted in a manner that was ill-intentional, shrewd or fraud, as well as oppression or conscious indifference to the consequences of his or her actions.
Settlements
The amount you receive for your injuries depends on how your case will be decided. If your claim is tried in court, a jury will decide how much you are awarded for your losses and injuries. In many cases, the parties will agree to settle the matter outside of court. This means they can avoid the time and cost of a trial. It also allows victims to recover their compensation earlier than should they wait for the trial to be completed.
A personal injury settlement can include both economic and non-economic damages. The former include costs like medical expenses, lost wages, and property damage. The latter include aspects such as suffering and pain, as well as the loss of enjoyment of life. Placing a monetary value on these damages can be difficult however, an attorney can help you determine the value of your injuries.
Insurance companies will usually offer a settlement to settle your case before it goes to trial. They will examine the evidence that you have gathered and determine how much they consider your claim. You may have to file an offer letter, which is accompanied by your evidence and a request for an appropriate compensation amount. You'll likely receive a counter-offer from the insurer, which is typically less than what you asked for. Your lawyer can negotiate with the insurer to reach an acceptable settlement for your injuries.
If you have an appropriate legal claim, the settlement will typically cover your medical bills and other out-of-pocket expenses related to the accident. In some cases, your settlement may also include a portion of any future treatment that your doctor estimates that 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 typically awarded to spouses or children who have suffered because of the death of their loved one as a result an accident that was caused by the negligence of another.
You may also receive punitive damages if you were found to be especially negligent. This kind of payment is designed to penalize the defendant and discourage others from engaging in similar reckless actions.
Filing an action
After a person has spoken with an attorney for personal injuries, they should begin to collect evidence of their losses. Documents like medical records, police reports and insurance policies can be included. Include documentation of property damage or lost income in your claim.
If the parties cannot reach a settlement the attorney for the plaintiff may start a lawsuit against the defendant. The complaint will outline the plaintiff's account of the events, explain how the actions of the defendant harmed them and ask for relief in the form of monetary compensation. A summons is also filed and delivered to the defendant. It is a formal notice that they are being accused of a crime. The defendant has a limited amount of time in which to respond.
During this process both sides will go through the discovery phase, where each side will investigate the defenses and claims of the other. This could be a lengthy process and could require lots of documents.
A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They are also able to assist in calculating damages. They may also submit a demand to the insurance company for an appropriate settlement. The insurance company can accept the offer, decline it or make a counteroffer.
It is important to have an experienced lawyer to protect your rights and maximize your recovery. The right attorney can comb through all the evidence available to ensure that you are being compensated for every loss. They can also assist you to reduce unnecessary costs and track the amount you're entitled to.
If more than one person is at fault for the accident, New York law allows each one of them to claim for their share of responsibility. A knowledgeable attorney can help with workers compensation cases.
Certain personal injury cases require the involvement of experts in fields such as medicine, economics and engineering. Your lawyer will assist you in selecting experts who can provide testimony to support your case. Based on the circumstances, some cases might be tried in court, while others will settle out of court.