This Week's Top Stories About Injury Compensation Claims
How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can help injured victims receive fair compensation. To be able to claim full damages, it is essential to record your losses in a meticulous manner. Keep the track of the medical expenses and out of the pocket expenses.
Economic damages cover your future and past 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 suffered an injury due to another person's wrongful negligence or action it is imperative to act swiftly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time limitations that protect the parties from unnecessary litigation. They prevent claims from being filed after the deadline. These limitations of time can differ depending on the state and claim type and are typically subject to limited or special exemptions.
In New York, for example for instance, if you want to file a lawsuit for injuries caused by a car accident the statutes of limitation are three years. The statute of limitations for civil actions that involve negligence is two years. This includes medical malpractice, product liability, and wrongful deaths.
A lawyer can help determine the statute of limitation that applies to your particular case and ensure that it is filed in time. An experienced lawyer will examine your case and suggest any possible extensions or waivers of the statute of limitations that are in effect.
You should be aware that even the time your statute of limitations has expired you may still have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is recommended to speak with an attorney as early as you can regarding your situation, so they can provide you with the options that are available.
In most instances, the statute of limitations will run from the date of the incident that caused your injury. In some situations, like exposure to toxic substances or medical malpractice the time limit does not begin until you recognize, or reasonably could have realized that your injury is result of a negligent act. This is known as the discovery rule.
There are also some rare circumstances when the statute of limitations has been "tolled" or suspended, but these situations are highly fact-specific and must be examined by a knowledgeable personal injury lawyer. If you've suffered injury due to someone else's wrongful actions, the attorneys at Littman & Babiarz can help. 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 used to describe this is "damages." There are two groups of damages which are: general and specific. General damages are meant to pay for the losses you have suffered like medical bills, lost wages, and discomfort and pain. Special damages could include funeral costs as well as emotional stress. If a loved one passed away because of another's reckless behavior, you can also recover damages for the wrongful death.
To hold the party responsible accountable for your injuries the court must establish four elements: duty, breach, damages and causation. To establish the duty the defendant must be under a legal obligation to be responsible in a specific circumstance. Failure to meet this obligation is referred to as negligence. A breach of this duty is a direct cause for the injury you sustained. The injury must have caused significant damage or serious injury to be able to claim damages.
A car crash that results in a severed hand would result in substantial medical costs and most likely loss of income. The injury was caused directly by the defendant's negligent or reckless actions. A wrongful death claim might involve the funeral and burial expenses for your loved one as well as emotional pain that your family or you suffered.
Non-financial damage is more difficult to quantify. Your lawyer will employ various methods to calculate the value of your pain and suffering. Maintaining a log of your pain levels throughout the day and how the injuries affected your physical, mental, and emotional well-being can help support your claim for these damages. Insurance companies typically undervalue these damages to avoid paying more settlements.
In rare cases, your attorney can pursue punitive damages, which are meant to punish the negligent party. These damages are only awarded if the judge or jury finds the defendant's behavior to be particularly obscene. These kinds of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious acts, and nursing facility abuse. To get these additional damages, you need to demonstrate to your lawyer that the defendant was acting with malice, willfulness, or oppression, or a conscious disregard for the consequences of their actions.
Settlements
How your case is decided will determine the amount of compensation that you will receive. If your claim goes to trial, a jury will decide 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 means they can save the time and money of a trial. This also allows victims to recover their compensation sooner than they would if they waited for the trial process to conclude.
A personal injury settlement includes both economic and non-economic damages. The former include costs like medical expenses, lost wages, and property damage. The latter include things like suffering and pain, as well as the loss of enjoyment of life. The process of determining a value for 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 prior to it goes to trial. They will examine the evidence you've gathered and determine what they think your claim is worth. You may be required to send an offer letter, which is accompanied by your evidence and a request for an appropriate compensation amount. The insurer will likely make a counter-offer which is often lower than the amount you request. Your attorney will then negotiate an equitable settlement with the insurer.
If you have an appropriate legal claim, your settlement will typically pay for medical bills and other expenses out of pocket related to the accident. In certain cases your settlement could include a portion of any future treatment that 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 typically awarded to spouses or children who have suffered due to the death of a loved ones as a result of an accident that was caused by the negligence of another.
Punitive damages may be awarded in the event that the defendant is determined to have been negligent. This type of compensation is designed to punish the defendant and deter others from engaging in reckless conduct.
Filing an action
After contacting an attorney for personal injuries, a person should begin collecting documentation of their losses. This may include documents like medical records, police reports and insurance policies. Documentation of loss of income or property damage should be included in an insurance claim.
If the parties cannot agree on an agreement, the plaintiff's attorney may file a lawsuit against the defendant. The complaint will provide the claimant's version, describe the actions of the defendant, and request for the amount of compensation. A summons is also filed and personally delivered to the defendant. It is a formal notice that they are being sued. The defendant is then given the time to respond.
During this stage, both parties will complete the discovery process where they examine the claims and defenses of the other party. Santa Ana injury lawsuits could be a lengthy process and could require lots of documents.
A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They can also help calculate damages. They may also submit a demand to the insurance company for an appropriate settlement. The insurance company could accept or decline the offer it or make a counteroffer.
It is crucial to have an experienced lawyer to ensure your rights are protected and maximize your recovery. A competent lawyer can go through all available evidence to verify that you are paid for every loss. They can also help you eliminate unnecessary expenses and help you to keep track of the money you are entitled to receive.
If more than one person is at fault for the accident, New York law allows each one to be compensated for their share of responsibility. A knowledgeable lawyer can also assist with workers' compensation claims.
Certain personal injury cases require the use of experts in areas such as economics, medicine and engineering. Your lawyer will help you select an expert who can provide testimony to help your case. Based on the circumstances, some cases could be tried in court, while others will settle outside of court.