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How to Document Your Personal Injury Compensation Claims
A personal injury attorney can help injured victims win fair compensation. To be able to claim full damages, it's important to keep track of your losses meticulously. This includes keeping an eye on your medical expenses and out of pocket expenses.
Economic damages cover your past and future medical expenses as well as lost wages. It also covers suffering and pain as well as 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 file a lawsuit as soon as you can. Statutes of limitations are legal time restrictions that shield individuals from unnecessary litigation by preventing claims from being filed after the deadline has expired. These limitations are different for each state and type of claim and are typically restricted to certain or specific exceptions.
For example, in New York, if you would like to file a lawsuit over injuries caused by an auto accident the statute of limitation for these cases is three years. The statute of limitations for civil actions involving negligence is two years. This includes medical negligence, product liability and wrongful deaths.
A lawyer can help determine the statute of limitations that applies to your case and ensure that it is filed on time. An experienced lawyer can review your case to determine if there are extensions or waivers that may be possible.
It is important to be aware that even if your statute of limitations is over, you may have other claims for compensation relating to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is advisable to speak with an attorney as soon as you can with regards to your situation, so that they can advise you of the options available.
In the majority of instances, the statute of limitations begins to begin running from the date of the incident that caused your injury. However, in certain circumstances like exposure to harmful substances or medical malpractice the statute of limitations will not start to run until you have realized or should have known that your injury was caused by the negligent act. This is referred to as the discovery rule.
There are also some rare circumstances when the statute of limitations has been "tolled" or suspended, however these circumstances are very specific to the facts and need to be examined by a knowledgeable personal injury lawyer. Our lawyers at Littman & Babarz can assist you if you have been injured by an unintentional act of another. Contact us to schedule a free consultation.
Damages
A personal injury claim seeks 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 the costs resulting from your injury, which includes medical bills, lost income, and suffering and pain. Special damages can include funeral costs and emotional distress. If your loved one has died due to a reckless act of another you may also be entitled to wrongful death damages.
To hold the person responsible accountable for your injury the court must establish four elements: duty, breach, damages and causation. To establish the duty, the defendant must have the legal obligation to act responsibly in a specific circumstance. Negligence is the inability to fulfill this duty. A breach of this duty is a direct cause of the injury you suffered. The injury must have caused significant damage or serious injury to qualify for damages.
For instance, a car accident that caused a broken arm could result in substantial medical costs and likely the loss of wages. The injury was directly caused by the defendant's negligent or reckless actions. The wrongful death claim can include funeral and burial costs for your loved one as well as emotional distress you or your family experienced.
The non-financial damages are more difficult to calculate. Your lawyer will employ different methods to determine the value of your suffering and pain. Keep a diary to document your daily pain level and how your injuries affect you mentally physical, emotionally, and physically. This can help you to support your claim. Many insurance companies undervalue these damages in order to avoid paying higher settlements.
In some rare instances, you can seek punitive damages to punish the responsible party. These damages can only be awarded if the judge or jury finds the defendant's conduct to be particularly outrageous. These types of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To receive these additional damages, your lawyer must prove that the defendant was acting with malice, willful or fraud, oppression, or with a lack of awareness of the consequences of his or her actions.
Settlements
The way your case is resolved will determine the amount of compensation that you receive. If your case is heard, a jury will determine the amount you will be awarded for your losses and injuries. In many cases the parties will agree to settle the matter outside of court. This allows them to save the time and money of a trial. This means that victims can receive their compensation earlier than those who had to wait for the trial to be completed.
The settlement for personal injuries includes the economic as well as other damages. The former include expenses like medical expenses, lost wages, and property damage. The latter includes aspects like suffering, pain and loss of enjoyment of your life. It isn't always easy to put a monetary amount on these damages, but an experienced attorney can assist you in determining the value of your injuries.
Insurance companies usually offer settlements to settle your case prior to it goes to trial. They will look over the evidence you have gathered and determine how much they consider your claim. You may need to send a demand letter, which is accompanied by your evidence and a request for the appropriate compensation amount. The insurance company will likely make a counter-offer that is typically lower than the amount you request. Your lawyer can negotiate with the insurance company to negotiate an equitable settlement for your injuries.
If you have an appropriate legal claim, your settlement will typically pay for medical bills as well as other out-of-pocket expenses due to the accident. In some cases, your settlement will also include compensation for future treatment that your doctor predicts 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 usually granted to children or spouses who have suffered due to the loss of a loved one as a result an accident that was caused by someone else's negligence.
Punitive damages are possible in the event that the defendant is determined to have been particularly negligent. This kind of payment is intended to punish the defendant, and deter others from engaging in reckless conduct.
Filing a Lawsuit
After contacting an attorney for personal injuries, a person should begin collecting documentation of their losses. This may include documents like medical records as well as police reports and insurance policies. Documentation of lost income or property damage must be included in the claim.
If the parties cannot agree on a settlement the attorney for the plaintiff may bring an action 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 on the defendant and serves as a notice that they are being sued. The defendant will then have a certain amount of time to reply.
During this process, both sides will complete the discovery phase in which each side investigates the other's claims and defenses. This can be a lengthy process and may involve a great deal of documentation.
A lawyer can help to prepare for trial by arranging for expert witnesses and collecting evidence. They can also help calculate damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company may accept, decline or counter-offer the offer.
It is crucial to hire an attorney who knows the law to protect your rights and maximize recovery. A competent lawyer can go through all the available evidence to confirm that you are being compensated for every loss. They can also help you eliminate unnecessary costs and track the money you're entitled to.
If more than one person is liable for the accident, New York law allows each of them to recover the amount they owe. A knowledgeable attorney can assist in workers' compensation cases.
Some personal injury cases may require the use experts in areas like economics, medicine, or engineering. Your lawyer will assist you choose the right expert to testify in support of your case. Depending on accident and injury lawyers of a case, it may be decided out-of-court or in a trial.