How to Document Your Personal Injury Compensation Claims
An attorney for personal injury can assist injured victims to receive fair compensation. To receive full damages, it's important to record your losses in a meticulous manner. This includes keeping track of your medical expenses and out-of-pocket expenses.
Economic damages cover the future and past medical expenses as well as lost wages. Also, it covers pain and suffering as well as loss of companionship.
Statute of Limitations
If you've been injured by the negligence of someone else or by a wrongful action, you should start a lawsuit as soon as you can. Statutes of limitations are legal time restrictions that protect individuals from unnecessary litigation by preventing claims from being filed after the deadline has been met. The time limitations vary by state and type of claim and are typically subject to specific or limited exceptions.
In New York, for example, if you wish to file a lawsuit for injuries sustained in a car accident, the statutes of limitations are three years. For other civil actions involving negligence such as medical negligence or product liability, as well as wrongful death the statute of limitation is two years.
A lawyer can help determine the statute of limitations applicable to your case and ensure that it is filed in a timely manner. A lawyer with experience can analyze your case to determine if there are extensions or waivers that may be possible.
It is important to remember that even if the statute of limitations has expired however, you may be able to file additional claims for compensation relating to your injuries, such as workers compensation or Social Security disability benefits. However, it is best to speak with an attorney about your case as soon as you can and so that he or she can advise you of all options.
In most instances, your statute of limitations begins to begin running from the date of the incident that caused you injury. In certain situations, such as exposure to toxic substances or medical malpractice the statute of limitation is not established until you are aware or would have known that your injury was caused by a negligent act. This is known as the discovery rule.
There are also a few instances where the statute of limitations is "tolled" or suspended, but these situations are highly fact-specific and must be assessed by a competent personal injury lawyer. The attorneys at Littman & Babiarz can assist you if you were injured as a result of the negligence of another. Contact us to schedule a free consultation.
Damages
The goal of a personal injury lawsuit is to receive financial compensation from the party accountable for your injury. The legal term for this is "damages." There are two groups of damages which are: general and specific. General damages are intended to compensate you for expenses resulting from your injury, which includes medical bills, lost income, and pain and suffering. Special damages may include funeral expenses and emotional stress. If your loved one has died because of reckless behavior by a third party, you could be able to recover the cost of wrongful death.
A court must establish four elements to find the responsible party liable for your injury such as breach of duty, causation and damages. To establish the duty, the defendant must have a legal obligation to behave responsibly in a particular situation. Negligence is the failure to perform this duty. A breach of this duty is the direct cause of the injury you sustained. The injury must have caused substantial damage or serious harm to qualify for damages.
For example an accident in a car that resulted in a severed arm could result in substantial medical expenses, and most likely the loss of wages. The defendant's careless or reckless actions directly led to the injury. A wrongful death claim could be a result of the funeral and burial costs for your loved one as well as emotional distress that your family or you experienced.
Damages that are not financial are more difficult to calculate. Your attorney will use different methods to determine the value of your pain. Keep a journal of your pain levels throughout the day and how your injuries have affected you mentally, physically, and emotionally. This can help you prove your case. Many insurance companies undervalue these damages in order to avoid paying larger settlements.
In rare instances the attorney may seek punitive damages, which are meant to punish the negligent party. These damages are only available when a judge or jury feels that the defendant's conduct was especially outrageous. This kind of compensation is usually granted in cases of drunk driving accidents, deliberate or malicious actions, and nursing home abuse. In Minneapolis injury attorney to receive these additional damages, you need to prove to your lawyer that the defendant was acting with malice or wantonness, fraud or oppression, or a conscious indifference to the consequences of their actions.
Settlements
The amount of compensation you receive for your injuries is contingent on how your case is decided. If your claim is tried by a jury, the jury will decide the amount you're awarded for your losses and injuries. In many cases however the parties will agree to settle out of court. This allows them to avoid the time and expense of a trial. This allows victims to receive their compensation earlier than those who had to wait for the trial to be completed.
The settlement for personal injuries will include both economic and other damages. The former covers costs such as medical expenses as well as lost wages and property damage. The latter include things such as suffering, pain and the loss of enjoyment your life. It can be difficult to determine a dollar amount on these damages, but an experienced lawyer can help you determine the worth of your injuries.
Typically, an insurance company will offer a settlement before your case goes to trial. They will examine the evidence you've collected and determine what they think your claim is worth. You might be required to submit a letter of demand, together with evidence and an offer for a reasonable amount of compensation. The insurer is likely to send you a counter-offer, that is typically less than the amount you requested. Your lawyer can negotiate with the insurer to reach an equitable settlement for your injuries.
If you have an undisputed legal claim, the settlement will generally cover your medical bills and other out-of-pocket expenses related to the accident. In some cases the settlement could also include compensation for any future treatment that your doctor estimates that you will 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 type of compensation is typically awarded to spouses and children who have suffered due to the death of a loved one during an accident caused by another's negligence.
You may also receive punitive damages if the defendant was found to be negligent in particular. This type of compensation is designed to punish the defendant and to discourage others from engaging in reckless conduct.
Filing an action
After a person has spoken with an attorney for personal injuries, they should begin to gather documentation of their losses. Documents like medical records, police reports, and insurance policies could be included. Include documentation of damage to your property or lost income in your claim.
If the parties cannot agree on an agreement the attorney for the plaintiff may bring an action against the defendant. The complaint will detail the claimant's version of events, describe how the defendant's actions harmed them and ask for relief in the form of financial compensation. A summons is also filed and personally delivered to the defendant. It is a formal notice that they are being accused of a crime. The defendant has a limited time frame in which to respond.
In this phase each party will complete the discovery process where they investigate the defenses and claims of the other side. It can be a long process and may involve a great deal of documentation.
A lawyer can help to prepare for trial by arranging expert witnesses and obtaining evidence. They can also help calculate damages. They can also make an offer to the insurance company for an equitable settlement. The insurance company could accept the offer, decline it or make a counteroffer.
It is essential to hire an experienced lawyer who can ensure your rights are protected and maximize your recovery. A competent lawyer can go through all the available evidence to verify that you are being compensated for each loss. They can also weed out unnecessary expenses and assist you to keep track of all the money you are entitled to receive.
If more than one person is at fault for the accident, New York law allows each one to be compensated for their share of responsibility. A skilled lawyer can also assist with claims for workers' compensation.
Certain personal injury cases could require the use experts in fields like economics, medicine, and engineering. Your lawyer can assist you in locating experts who can provide testimony to support your case. Depending on the specifics of the case, it can be resolved outside of court or at trial.