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. This includes keeping an eye on your medical treatment and out-of-pocket expenses.
Economic damages cover the costs of your past and future medical expenses, as well as lost wages. Also, it covers the pain and suffering and loss of companionship.
Statute of Limitations
If you have been injured because of a negligent negligence or action, it is important that you act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal time restrictions that protect parties from unnecessary lawsuits by preventing claims that are filed after the deadline has passed. These limitations of time can differ according to the state and claim type and are typically subject to specific or limited exemptions.
In New York, for example when you want to bring a lawsuit against injuries sustained in a car accident the statute of limitations are three years. For other civil actions involving negligence, such as medical malpractice and product liability, as well as wrongful death, the statute of limitations is two years.
A lawyer can help you determine the statute of limitations applicable to your case and ensure it is filed on time. A lawyer with experience will review your case to determine if there are any extensions or waivers that could be possible.
It is important to note that even the time limit has passed however, you may be able to make claims for compensation relating to your injuries, including workers' compensation or Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your case, so that they can provide you with all the options available.
In Daly City injury lawyers of cases, the statute of limitations starts to run from the date of the underlying incident that caused your injury. However, in certain 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 the result of a negligent action. This is known as the discovery rule.
There are also some exceptional situations where the statute of limitations has been "tolled" or suspended, but these situations are extremely specific and should be analyzed by a skilled personal injury lawyer. The attorneys at Littman & Babiarz can assist you if you have been injured due to the negligence of another. Contact us today to set up your free consultation.
Damages
The purpose of a personal injury lawsuit is to receive financial compensation from the party responsible for your injuries. The legal term used to describe this is "damages." There are two groups of damages which are: general and specific. General damages are meant to compensate you for costs resulting from your injury, which includes medical expenses, lost income and suffering and pain. Funeral costs and emotional distress may be included in special damages. If your loved one died because of reckless behavior by another, you may be able to claim wrongful death damage.
To hold the person responsible accountable for your injuries the court must establish four elements that include breach, duty, damages and causation. To establish a defendant's obligation to be legally bound to act in a responsible manner in the given circumstance. Failure to meet this obligation is known as negligence. A breach of this duty is a direct cause of the injury you sustained. The injury must have caused significant damage or serious injury to qualify for damages.
For instance an accident in a car that caused a broken arm would have substantial medical expenses, and most likely an interruption in wages. The injury was directly caused by the defendant's negligent or reckless actions. A claim for wrongful death could be a result of the funeral and burial expenses for your loved one as well as emotional distress that you or your family experienced.
The non-financial damages are more difficult to determine. Your lawyer will employ a variety of methods to determine the value of your pain and suffering. Keep a journal to record your daily pain level as well as how your injuries have affected you mentally as well as physically. This will help prove your case. Insurance companies often undervalue these damages to avoid paying more settlements.
In rare instances, your attorney can pursue punitive damages, which are meant to punish the responsible party. These damages are only awarded when a jury or judge finds the defendant's behavior to be particularly obscene. These types of compensation are usually awarded in cases of drunk driving accidents, malicious or intentional actions, or nursing facility abuse. To receive these additional damages the lawyer must prove that the defendant committed the offense with malice, wantonness or fraud, oppression, or conscious indifference to the consequences of their actions.
Settlements
The amount of compensation you receive for your injuries will depend on how your case is resolved. If your claim is contested, a jury will determine how much you are awarded for your injuries and losses. In many cases however the parties will agree to settle the matter outside of court. This allows them to save the time and money of a trial. Additionally, it allows victims to recover their compensation earlier than they would should they wait for the trial to conclude.
The settlement for personal injuries includes the economic as well as other damages. The former covers costs like medical expenses loss of wages, property damage. The latter includes aspects like pain and suffering and the loss of enjoyment of life. Calculating a dollar value for these damages is usually difficult, but an attorney can help determine what your injuries are worth.
Typically, an insurance company will offer a settlement before your case goes to trial. They will examine the evidence you've gathered and decide what they believe your claim is worth. You might be required to submit an order letter, along with the evidence you have provided and an offer for a reasonable amount of compensation. You'll likely receive a counter-offer from your insurer, which is usually less than what you asked for. Your attorney can then negotiate an equitable settlement with the insurance company.
If you have an appropriate legal claim, the settlement will typically pay for medical bills and other out-of-pocket expenses related to the accident. In certain cases, your settlement may also include compensation for any future treatment 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 given to children or spouses who have suffered because of the death of a loved ones as a result of an accident that was caused by the negligence of another.
You may also receive punitive damages if the defendant is found to be negligent in particular. This kind of compensation is designed to punish the defendant, and to discourage others from engaging in reckless conduct.
Filing a Lawsuit
Once a person has contacted an attorney for personal injuries the next step is to collect evidence of their losses. This can include documents such as medical records, police reports and insurance policies. Include documentation of property damage or income loss in your claim.
If the parties are unable to reach a settlement or agreement, the attorney representing the plaintiff can file an action against the defendant. The complaint will detail the claimant's version of events, describe how the actions of the defendant harmed them and ask for relief in the form of monetary compensation. A summons is also issued and personally served on the defendant and serves as a notice that they are being sued. The defendant is then given the time to respond.
In this process, both sides will complete the discovery phase where each side will investigate the defenses and claims of the other. This can take a significant amount of time, and will likely require a significant amount of documents.
A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They are also able to assist in calculating damages. They may also request an appropriate 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 familiar with the law to protect your rights and maximize your recovery. A good lawyer will be able to go through all the evidence available to verify that your losses are being compensated. They can also assist you to eliminate unnecessary expenses and keep track of the amount you're entitled to.
If more than one person is at fault for the accident, New York law allows each one of them to claim for their share of responsibility. A knowledgeable attorney can assist in workers compensation cases.
Certain personal injury cases could require the assistance of experts in areas like economics, medicine, or engineering. Your lawyer will help you select experts who will be able to provide evidence to back your case. Depending on the facts of a case, it could be decided out-of-court or in a trial.