How to Document Your Personal Injury Compensation Claims
Personal injury lawyers can help victims of injuries receive fair compensation. The process of documenting your losses is vital to receive the full amount of damages. Keep an eye on all medical expenses and out-of the pocket expenses.
Economic damages include your past and future medical costs and lost wages. It also covers the pain and suffering you endured as well as the loss of companionship.
Statute of Limitations
If you've been injured by negligence or a negligent act, you should start a lawsuit as soon as you can. Statutes of limitations are legal time limitations that protect parties against unnecessary litigation. They stop claims from being filed after the deadline. These time limits vary by state and type of claim, and are usually subject to special or limited exceptions.
For example in New York, if you want to file a lawsuit relating to injuries caused by an automobile accident, the statute of limitations for these types of cases is three years. For other civil actions that involve negligence such as medical negligence, product liability and wrongful death, the statute of limitations is two years.
A lawyer can help determine the statute of limitations that applies to your particular case and ensure it is filed on time. An experienced lawyer can examine your case to determine if there are extensions or waivers that could be possible.
It is important to keep in mind that even when the statute of limitations has expired however, you may be able to file other claims for compensation that relate to your injuries, including workers' compensation or Social Security disability benefits. However, it is best to speak with an attorney regarding your situation as soon as you can and so that he or she can provide you with all options.
In the majority of instances, the statute of limitations will begin running from the date of the incident that caused your injury. However, in some situations, such as 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 a negligent action. This is referred to as the discovery rule.
There are also exceptional situations where 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. Our lawyers at Littman & Babarz can assist you if were injured as a result of the negligence of another. Contact us today for your free consultation.
Damages
A personal injury claim seeks financial compensation from the person responsible for your injury. Damages is the legal term used to describe this. There are two kinds of damages: general and special. General damages are meant to compensate you for costs resulting from your injury, including medical bills, lost income, and suffering and pain. Funeral expenses and emotional stress may be included in special damages. If your loved one has died due to reckless behavior by another, you may be able to recover the cost of wrongful death.
To hold the person responsible accountable for your injuries the court must establish four elements: duty, breach, damages and causation. To establish a defendant's obligation to be legally bound to behave responsibly in the given situation. Failure to meet this obligation is referred to as negligence. A breach of this obligation is a direct cause for the injury you suffered. The injury must have caused significant damage or caused serious harm to be able to claim damages.
A car accident resulting in a severed hand would result in substantial medical costs and, most likely, the loss of income. The injury was caused directly by the defendant's careless or reckless actions. A wrongful death claim could involve the funeral and burial costs for your loved one, as well as the emotional trauma that you or your family suffered.
Non-financial damages can be more difficult to calculate. Your attorney will employ a variety of methods to calculate the worth 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 could aid in proving your claim for these damages. Insurance companies typically undervalue these damages to avoid paying higher settlements.
In some rare instances you may be able to seek punitive damages to punish the responsible party. These damages are only available if a judge or jury feels that the conduct of the defendant was particularly obscene. This type of compensation is usually granted in cases of drunk driving accidents, or malicious acts, and nursing home abuse. To get these additional damages, you must demonstrate to your lawyer that the defendant's actions were motivated by malice, willfulness, or oppression or an avowed indifference towards the consequences of their actions.
Settlements
The way your case is resolved will determine the amount of compensation that you will receive. If your claim is tried, a jury will determine the amount you will be awarded for your losses and injuries. In many cases the parties will agree to settle their dispute outside of court. This lets them avoid the time and expense of a trial. This allows victims to get their compensation sooner than those who had to wait for the trial to be completed.
A personal injury settlement covers both economic and non-economic damages. The former includes costs such as medical expenses, lost wages, and property damage. The latter include things like suffering, pain and the loss of enjoyment your life. Calculating a dollar value for these damages is usually difficult however, an attorney can help determine the value of your injuries.
Typically, an insurance company will typically offer a settlement before your case goes to trial. They will examine the evidence you have gathered and determine how much they value your claim. You might be required to submit a letter of demand, along with the evidence you have provided and an appropriate compensation amount. The insurer is likely to send you a counter-offer, which is usually lower than the amount you request. Your lawyer can negotiate a fair settlement with the insurer.
If you have an undisputed legal claim, the settlement will typically pay for medical bills and other out-of-pocket expenses related to the accident. In some instances, your settlement may also 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 usually granted to spouses and children who suffer due to the loss of a loved one due to an accident caused by another person's negligence.
Punitive damages can be awarded when the defendant is found to have been particularly negligent. This type of compensation is intended to punish the defendant and deter others from engaging in similar reckless actions.
Filing a Lawsuit
Once someone has contacted an attorney for personal injury, they should begin collecting evidence of their losses. This can include documents such as medical records, police reports and insurance policies. Documentation of loss of income or property damage should also be included in a claim.
If the parties are unable to reach a settlement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can bring a lawsuit against the defendant. The complaint will detail the claimant's version, describe the actions of the defendant, and request for monetary compensation. A summons will also be filed and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant will then have a certain amount of time to reply.
During this phase each party will complete the discovery process, where they investigate the claims and defenses of the other side. This could take a considerable amount of time, and will likely require a lot of documentation.
A lawyer can assist in prepare for trial by arranging for experts to testify and gathering evidence. Wichita injury lawsuits youtube.com can also assist in calculating damages. They may also submit a demand to the insurance company for a fair settlement. The insurance company may accept the offer, reject it, or offer a counteroffer.
It is important to have an experienced lawyer who can protect your rights and maximize your compensation. A good lawyer will be able to go through all the evidence available to confirm that your losses are being compensated. They can also help you eliminate unnecessary expenses and help you to keep track of the money you are entitled to receive.
New York law allows for each person to be compensated for their part of the blame if more than one party is accountable for an accident. A skilled attorney can also assist in workers claims for compensation.
Some personal injury cases may require the assistance of experts in areas like economics, medicine, and engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Based on the specifics of the case, it can be decided outside of court or at trial.