How to Document Your Personal Injury Compensation Claims
An attorney for personal injury can help injured victims win fair compensation. It is crucial to document your losses to receiving full damages. This includes keeping the track of your medical treatment and out-of-pocket expenses.
Economic damages cover the cost of your current and future medical expenses, as well as lost wages. Also covered are the pain and suffering and loss of companionship.
Statute of Limitations
If you've been injured by negligence or a negligent act, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal time restrictions that protect parties from unnecessary litigation by preventing claims filed after the deadline has been met. These time limits vary by state and claim type and they are often subject to special or limited exceptions.
In New York, for example for instance, if you want to bring a lawsuit against injuries caused by a car accident, the statutes of limitations are three years. The time limit for civil actions involving negligence is two years. This includes medical malpractice, product liability, and wrongful deaths.
A lawyer can help you determine the statute of limitation applicable to your case and ensure that the case is filed on time. Greeley injury lawyers can also review your case and recommend any possible extensions or waivers of the statute of limitations in your case.
It is important to know that even when your statute of limitation has passed, you could 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 case, so that they can provide you with all the options that are available.
In the majority of instances, the statute of limitations begins to begin running from the date of the incident that caused you injury. However, in some situations, such as exposure to harmful substances or medical malpractice, the statute of limitations does 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 a few exceptional situations where the statute of limitations has been "tolled" or suspended, but these situations are highly fact-specific and must be analyzed by a skilled personal injury lawyer. Our lawyers at Littman & Babarz can help you if you were injured as a result of another person's wrongful behavior. Contact us today for your 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 kinds of damages which are: general and specific. General damages are meant to compensate you for the expenses resulting from your injury, such as medical bills, lost income and pain and suffering. Funeral costs and emotional distress could be included in the special damages. If your loved one passed away due to reckless behavior by a third party, you could be able to claim wrongful death damage.
A court must establish four factors to determine who is responsible for the harm you suffered: duty, breach of duty, causation and damages. To establish a 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 obligation is a direct cause for the injury you sustained. The injury must have caused significant damage or serious harm in order to be eligible for damages.
For example an accident in a car which resulted in a fractured arm could result in substantial medical costs and likely a loss of wages. The injury was caused directly by the defendant's negligent or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one, as well as emotional distress you or your family have suffered.
Non-financial damages are harder to determine. Your attorney will employ different methods to determine the value of your pain. Keep a journal to record your daily pain level as well as how your injuries affect you mentally as well as physically. This can help you to support your claim. Insurance companies often undervalue these damages in order to avoid paying more settlements.
In rare cases, you can seek punitive damages to punish the negligent party. These damages are only available when the judge or jury believes that the conduct of the defendant was especially outrageous. These types of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To be eligible for these additional damages the lawyer must prove that the defendant was acting with malice, willful or fraud, oppression, or with a lack of awareness of the consequences of their actions.
Settlements
The way your case is resolved will determine the amount of compensation that you receive. If your claim goes to trial the jury will decide what they will pay you for your losses and injuries. In many cases the parties will agree to settle their dispute outside of court. They are able to avoid the time and cost of an in-court trial. This allows victims to receive their compensation earlier than those who had to wait for the trial to conclude.
The settlement for personal injuries will include damages that are both economic and non-economic. The former include costs like medical expenses, lost wages, and property damage. The latter includes aspects like suffering, pain and loss of enjoyment of 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 typically offer settlements to settle your claim before it goes to trial. They will review the evidence you have gathered and determine how much they will consider your claim. You may have to file a demand letter, which includes your evidence and a request for an appropriate compensation amount. You'll likely receive a counter-offer by the insurer, which is usually lower than what you requested. Your attorney will then negotiate with the insurance company to negotiate an equitable settlement for your injuries.
If you have an appropriate legal claim, the settlement will typically cover medical expenses and other out-of-pocket expenses related to the accident. In certain cases your settlement could include a portion of any future treatment that your doctor estimates that 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 awarded to spouses and children who suffer as a result of the death of a loved one due to an accident caused by someone else's negligence.
Punitive damages may be awarded in the event that the defendant is determined to have been particularly negligent. This kind of payment is intended to penalize the defendant and discourage others from engaging in reckless behavior.
Filing an action
After contacting an attorney for personal injuries the client must begin collecting evidence of their losses. Documents like medical records, police reports and insurance policies can be included. Documentation of lost income or property damage must be included in the claim.
If the parties cannot reach an agreement, the plaintiff's attorney may file a lawsuit against the defendant. The complaint will detail the claimant's version of events, outline how the actions of the defendant hurt them and ask for relief in the form of financial compensation. A summons is also filed and handed over to the defendant. It is a notification that they are being accused of a crime. The defendant is then given a certain amount of time to reply.
In this process both sides will go through the discovery phase where each party investigates the other's claims and defenses. This can take a significant amount of time and will likely require a lot of documentation.
A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in the calculation of 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 make a counteroffer.
It is vital to have an attorney who knows the law to protect your rights and maximize the amount of compensation you receive. The right attorney can comb through all evidence available to ensure that you're being paid for every loss. They can also weed out unnecessary expenses and assist you to keep track of the funds you are entitled receive.
New York law allows for everyone to be compensated for their share of the responsibility if more than one party is responsible for an accident. A knowledgeable attorney can assist with workers claims for compensation.
Certain personal injury cases require the assistance of experts in fields like economics, medicine and engineering. Your lawyer will assist you in selecting experts who will be able to provide evidence to help your case. Based on the circumstances of a case, it may be decided out-of-court or at trial.