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How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can assist injured victims receive fair compensation. The process of documenting your losses is vital to receive the full amount of damages. This includes keeping the track of your medical treatment and out-of-pocket expenses.
Economic damages are the cost of your current and future medical expenses as well as lost wages. Also, it covers the pain and suffering you endured as well as the loss of companionship.
Statute of limitations
If you've suffered injuries due to negligence or a negligent act, you must begin a lawsuit as quickly as possible. Statutes of limitations are legal restrictions that shield the parties from unnecessary litigation by preventing claims filed after the deadline has passed. These limitations of time can differ depending on the state of origin and the type of claim and are typically subject to special or limited exemptions.
For example in New York, if you are seeking to bring a lawsuit for injuries caused by an auto accident the statute of limitation for these types of cases is three years. For other civil actions that involve negligence such as medical negligence or product liability, as well as wrongful death the statute of limitations is two years.
A lawyer can assist you in determining the statute of limitations that applies to your case and ensure that the case is filed on time. An experienced lawyer can review your case to determine if there are extensions or waivers that could be possible.
It is important to note that even if the statute of limitations has run out however, you may be able to file additional claims for compensation related to your injuries, including workers compensation or Social Security disability benefits. However, it is best to consult with an attorney regarding your case as soon as you can and so that they can provide you with all your options.
In the majority of instances, the statute of limitations starts to run from the date of the incident that caused your injury. In some situations, like exposure to toxic substances or medical malpractice the statute of limitation is not established until you realize, or reasonably would have known that your injury is caused by a negligent action. This is referred to as the discovery rule.
There are some rare situations where the statute of limitations is "tolled" or suspended. These scenarios are factual and require a skilled personal injury lawyer to evaluate. If you've been injured because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today to arrange a 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 that are general and special. General damages are intended to pay for the losses you have suffered such as medical expenses or lost wages, as well as discomfort and pain. Special damages may include funeral expenses and emotional distress. If your loved one died due to reckless behavior by a third party, you could be able to claim the cost of wrongful death.
To hold the party responsible accountable for your injuries the court must establish four elements which are breach, duty, causation and damages. To establish a duty the defendant must be under the legal obligation to behave responsibly in a specific circumstance. Negligence is the failure to meet this duty. A breach of this obligation is the direct cause of the injury you suffered. To qualify for damages, the injury must have caused serious harm or caused significant damage.
For example, a car accident that resulted in a severed arm would result in significant medical expenses, and most likely a loss of wages. The injury was directly caused due to the defendant's negligence or reckless actions. A wrongful death claim might include funeral and burial expenses for your loved one, as well as the emotional trauma that you or your family felt.
Non-financial damage is more difficult to quantify. Your lawyer will employ a variety of methods to determine the worth of your pain. Maintaining a log of your pain levels throughout the day and how your injuries have affected your physical, mental, and emotional well-being can aid in proving your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying higher settlements.
In rare cases, you can seek punitive damages to punish the negligent party. These damages are only available when a judge or jury feels that the conduct of the defendant was particularly outrageous. This kind of compensation is typically awarded in cases of drunk driving accidents, intentional or malicious actions, and nursing home abuse. To receive these additional damages, your lawyer must prove that the defendant acted with malice, willful, fraud, oppression, or conscious indifference to the consequences of their actions.
Settlements
How your case is decided will determine the amount of compensation that you receive. If your claim is tried by a jury, the jury will decide 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 lets them save the time and money of a trial. This also allows victims to recover their compensation sooner than they would have if they waited for the trial to complete.
A personal injury settlement covers both economic and non-economic damages. The former includes costs like medical expenses loss of wages, property damage. The latter include aspects such as suffering and pain, as well as the loss of enjoyment. It can be difficult to quantify the value on these damages, but an experienced lawyer can help you determine the worth of your injuries.
Typically You Tube will offer an agreement before your case goes to trial. They will review the evidence you have collected and determine what they think your claim is worth. You may need to file a demand letter, which is accompanied by evidence and an offer for a suitable compensation amount. You'll likely receive a counter-offer by the insurance company, which is usually lower than the amount you requested. Your lawyer can negotiate an acceptable settlement with the insurer.
If you have a valid claim, the settlement will cover the cost of your medical treatment and other out-of pocket expenses associated with your accident. In certain instances, your settlement will also include a portion of the future treatment that your doctor predicts you will need as a result of 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 given to children or spouses who have suffered due to the death of their loved ones as a result of an accident that was caused by negligence of someone else's.
Punitive damages may be awarded in the event that the defendant is determined to have been negligent. This type of compensation is designed to penalize the defendant and discourage others from engaging in reckless conduct.
Filing an action
Once a person has contacted an attorney for personal injuries, they should begin to gather documentation of their losses. This could include documents such as medical records as well as police reports and insurance policies. Include documentation of damage to your property or income loss in your claim.
If the parties fail to come to an agreement the lawyer for the plaintiff may make a claim against the defendant. The complaint will outline the claimant's account of the events, explain how the defendant's actions harmed them and ask for relief in the form of monetary compensation. A summons is also filed and personally handed over to the defendant. This is a notice that they are being sued. The defendant is then given an appropriate amount of time to respond.
During this process, both sides will complete the discovery phase where each side investigates the other's claims and defenses. This could take a considerable amount of time and likely require a lot of documentation.
A lawyer can help to prepare for trial by arranging expert witnesses and obtaining evidence. They can also to assist in calculating damages. They may also submit an offer to the insurance company for a fair settlement. The insurance company could accept, reject or counter-offer the offer.
It is vital to have an attorney who is familiar with the law in order to protect your rights and maximize recovery. The right attorney can go through all the evidence available to confirm that your losses are compensated. They can also help you reduce unnecessary expenses and keep track of the money you're entitled to.
New York law allows for every person to be compensated for their part of the blame if more than one party is accountable for an accident. A knowledgeable lawyer can also assist with workers' compensation claims.
Some personal injury cases might require experts from fields like economics, medicine, or engineering. Your lawyer will assist you choose the right expert to testify and help support your case. Depending on the specifics of the case, it may be resolved outside of court or in a trial.