How to Document Your Personal Injury Compensation Claims
An attorney who specializes in personal injury can assist injured victims to receive fair compensation. To be able to claim full damages, it's important to record your losses in a meticulous manner. Keep the track of all medical expenses as well as out-of pocket costs.
Economic damages include the future and past medical expenses and lost wages. It also covers the pain and suffering you endured and the loss of companionship.
Statute of Limitations
If you have been injured because of a negligent action or negligence it is imperative that you act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal time restrictions that shield the parties from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. These time limits can vary depending on the state of origin and claim type and are usually subject to specific or limited exemptions.
In New York, for example when you want to file a lawsuit for injuries sustained in a car accident the statutes of limitation are three years. For 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 help you determine the statute of limitation that applies to your case and ensure that it is filed in time. A lawyer with experience can analyze your case to determine if there are any extensions or waivers that might be available.
It is important to know 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 best to consult an attorney as soon as you can about your situation, so that they can inform you of all the options available.
In most instances, your statute of limitations starts to begin running from the date of the incident that caused you injury. However, in some situations such as exposure to toxic substances or medical negligence, the statute of limitations will not start to run until you realize or should have known that your injury was the result of a negligent action. This is referred to as the discovery rule.
There are also exceptional situations where the statute of limitations is "tolled" or suspended, but these situations are very specific to the facts and need to be examined by a knowledgeable personal injury lawyer. If you've been injured due to someone else's wrongful behavior, the lawyers 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 responsible for your injury. The legal term used to describe this is "damages." There are two types of damages: general and special. General damages are designed to compensate you for expenses resulting from your injury, which includes medical expenses, lost income and suffering and pain. Special damages could include funeral costs and emotional distress. If a loved one passed away due to a reckless act of another you may also be able to recover damages for wrongful death.
A court must establish four elements in order to find the responsible party liable for your injuries such as breach of duty, causation, and damages. To establish the duty, the defendant must have the legal obligation to behave responsibly in a specific situation. Negligence is the failure to perform this obligation. The injury you suffered is directly resulting from a breach of this obligation. To be eligible for damages the injury must have caused severe harm or caused significant damage.
A car crash that results in a severed hand would result in significant medical expenses and, most likely, a loss of income. The defendant's reckless or careless actions directly caused the injury. A claim for wrongful death could include funeral and burial costs for your loved one as well as emotional pain that you or your family suffered.
The non-financial damages are more difficult to quantify. Your lawyer will employ a variety of methods to determine the value of your pain. Keep a record of your daily pain levels and how the injuries affected your mental, physical and emotional health can help support your claim for these damages. Insurance companies tend to undervalue these damages in order to avoid paying more settlements.
In some rare instances, you can seek punitive damages to punish the responsible party. The damages can only be awarded if a jury or judge finds the defendant's behavior to be particularly outrageous. Boynton Beach injury lawsuit of compensation is usually awarded in cases involving drunk driving accidents, intentional or malicious actions, and nursing home abuse. To get these additional damages, you need to prove to your lawyer that the defendant's actions were motivated by malice or wantonness, fraud or oppression or an avowed indifference towards the consequences of their actions.
Settlements
The amount you receive for your injuries is contingent 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 their dispute outside of court. They can avoid the time and cost of an in-court trial. This also allows victims to receive their compensation earlier than should they wait for the trial to conclude.
A personal injury settlement covers both economic and non-economic damages. The former include costs such as medical expenses loss of wages, property damage. The latter includes aspects like suffering, pain and loss of enjoyment your life. Placing a monetary value on these damages can be difficult however an attorney can help determine what your injuries are worth.
Insurance companies will usually offer a settlement to settle your case before it goes to trial. They will examine the evidence you've collected and determine how much they will consider your claim. You may be required to provide a letter of demand, together with evidence and an offer for a reasonable compensation amount. You will most likely receive a counter-offer from your insurance company, which is usually lower than what you requested. Your lawyer can negotiate with the insurer to reach a fair settlement for your injuries.
If you have a valid claim the settlement will pay your medical expenses and other out-of pocket expenses related to your accident. In certain cases, your settlement may also include compensation for any future treatment your doctor estimates that you will require as a result of the.
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 usually awarded to spouses and children who suffer because of the loss of a loved one in an accident caused by another person's negligence.
Punitive damages can be awarded when the defendant is found to have been negligent. This type of payment is designed to punish the defendant and deter others from engaging in similar reckless behavior.
Filing an action
Once someone has contacted a personal injury lawyer and has been advised to gather documentation of their losses. Documents such as medical records, police reports and insurance policies could be included. Include documentation of damage to your property or income loss in your claim.
If the parties fail to reach a settlement the lawyer for the plaintiff may bring a lawsuit against the defendant. The complaint will outline the claimant's argument, outline the defendant's actions and ask for the amount of compensation. A summons is also filed and delivered to the defendant. It is a formal notice that they are being sued. The defendant will then have a certain amount of time to reply.
During this time both sides will go through the discovery phase, where each side will investigate the other's claims and defenses. This could take a considerable amount of time, and will likely require a lot of documentation.
A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They can also help calculate damages. They can also demand a fair settlement from the insurance company. The insurance company could accept, deny or counter-offer the offer.
It is essential to have an attorney who is knowledgeable of the law to safeguard your rights and maximize your recovery. A competent lawyer can go through all the evidence available to ensure that you are compensated for each loss. They can also help you reduce unnecessary expenses and keep track of the amount you're entitled to.
New York law allows for each person to be compensated for their part of the responsibility if more than one person is responsible for an accident. A skilled attorney can also assist with workers compensation cases.
Some personal injury cases might require the use experts in areas like medicine, economics, and engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Based on the specifics of a case, it may be decided out-of-court or at trial.