How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can assist injured victims get fair compensation. Documenting your losses is essential for obtaining full damages. Keep an eye on all medical expenses and out-of the pocket expenses.
Economic damages cover the cost of your past and future medical expenses and lost wages. It also covers your pain and suffering, as well as the loss of companionship.
Statute of Limitations
If you've suffered an injury due to another person's wrongful action or negligence, it is important to act swiftly and make a personal injury claim before the statute of limitations runs out. Statutes of limitations are legal restrictions that protect the parties from unnecessary litigation by preventing claims filed after the deadline has been met. These limitations of time can differ depending on the state of origin and the type of claim and are typically subject to limited or special exemptions.
In New York, for example for instance, if you want to bring a lawsuit against injuries that result from a car crash the statutes of limitation are three years. For other civil actions involving negligence such as medical negligence or product liability, as well as wrongful death the statute of limitations is two years.
A lawyer can help determine the statute of limitation that applies to your case and ensure that it is filed on time. An experienced lawyer can also analyze your case and suggest any possible extensions or waivers of the statute of limitations in your case.
It is important to note that even the time limit has passed but you might still be able to file additional claims for compensation relating to your injuries, like 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 advise you of the options available.
In most cases, your statute of limitations begins to begin running from the date of the incident that caused you injury. However, in certain circumstances like exposure to toxic substances or medical malpractice the statute of limitations will not begin to run until you realize or should have known that your injury was caused by the negligent act. This is referred to as the discovery rule.
There are also exceptional situations where the statute of limitations is "tolled" or suspended, however these circumstances are extremely specific and should be assessed by a competent personal injury lawyer. If you've suffered injury by someone else's reckless actions, the attorneys at Littman & Babiarz can help. Contact us today to schedule your free consultation.
Damages
The goal of a personal injury lawsuit is to receive financial compensation from the party responsible for your injury. The legal term for this is "damages." There are two types of damages which are: general and specific. General damages are intended to compensate you for expenses resulting from your injury, which includes medical expenses, lost income and pain and suffering. Special damages could include funeral costs and emotional distress. If your loved one has died due to a reckless act of another you may also be entitled to wrongful death damages.
To hold the party responsible accountable for your injury, a court must establish four elements: duty, breach, damages and causation. To establish the duty, the defendant must have the legal obligation to behave responsibly in a specific situation. Negligence is the failure to meet this obligation. A breach of this duty is a direct cause of the injury you sustained. To qualify for damages, the injury must have caused serious damage or injury.
For example an accident in a car that caused a broken arm would result in significant medical expenses and possibly a loss of wages. The defendant's careless or reckless actions directly contributed to the injury. The wrongful death claim may include funeral and burial costs for your loved one as well as emotional stress you or your family members have endured.
Non-financial damage is more difficult to calculate. Your attorney will employ different methods to determine the value of your pain. Keep a record of your pain levels throughout the day and how the injuries have affected your physical, mental and emotional well-being could aid in your claim for these damages. Insurance companies often undervalue these damages to avoid paying more settlements.
In rare instances your lawyer can seek punitive damages, which are designed to punish the negligent party. These damages are only awarded if a jury or judge finds the defendant's actions to be outrageous. This kind of compensation is typically awarded in cases of drunk driving accidents, intentional or malicious acts, and nursing home abuse. In order to receive these additional damages, you need to prove to your lawyer that the defendant was acting with willful or malicious intent, fraud or oppression or an avowed indifference towards the consequences of their actions.
Settlements
How your case is decided will determine the amount of compensation that you receive. If your case goes to trial, a jury will decide what they will pay you for your injuries and losses. In many cases however the parties will reach an agreement to settle out of court. They are able to avoid the time and cost of the court trial. This means that victims can get their compensation sooner than those who had to wait for the trial to be completed.
The settlement for a personal injury includes damages that are both economic and non-economic. The former includes expenses like medical costs loss of wages, property damage. The latter covers aspects such as suffering, pain, and loss of enjoyment of your life. The process of determining a value for these damages can be difficult however, an attorney can help determine the value of your injuries.
Insurance companies typically offer an agreement to settle your case prior to it goes to trial. They will examine the evidence you've collected and determine what they feel your claim is worth. You may be required to submit an offer letter, which is accompanied by your evidence and an offer for a suitable compensation amount. You will most likely receive a counter-offer by the insurance company, which is usually less than what you asked for. Your lawyer can negotiate an equitable settlement with the insurer.
If Pembroke Pines injury lawyers have a valid legal claim, your settlement will typically cover your medical bills as well as other out-of-pocket expenses due to the accident. In some instances, your settlement will also include compensation for any future treatment that your doctor predicts you will need because of your injury.
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 granted to children or spouses who suffered as a result of the death of a loved ones as a result of an accident caused by the negligence of another.
You may also receive punitive damages if the defendant is found to be especially negligent. This type of compensation is intended to penalize the defendant and deter others from engaging in reckless conduct.
Filing an action
After contact with an attorney for personal injury the client should begin accumulating evidence of their losses. This could include documents such as medical records as well as police reports and insurance policies. Include documentation of property damage or lost income in your claim.
If the parties are unable to reach an agreement the attorney for the plaintiff may start a lawsuit against the defendant. The complaint will outline the claimant's account, explain the defendant's actions and ask for monetary compensation. A summons is also filed and personally handed over to the defendant. It is a formal notice that they are being accused of a crime. The defendant will then have a certain amount of time to reply.
During this stage, both parties will complete the discovery process in which they examine the defenses and claims of the other side. This could be a lengthy process and may involve lots of documents.
A lawyer can help in preparing 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 may accept, decline or counteroffer the offer.
It is crucial to have a knowledgeable lawyer to protect your rights and maximize your compensation. The right attorney can comb through all the evidence available to ensure that you're being compensated for every loss. They can also assist you to eliminate unnecessary expenses and track the money you're entitled to.
If more than one person is responsible for the accident, New York law allows each one of them to claim for their share of responsibility. An experienced attorney can assist with workers' compensation cases.
Some personal injury cases may require the assistance of experts in areas like economics, medicine, and engineering. Your lawyer will help you choose the right expert to testify and help support your case. Depending on the facts of a case, it could be decided outside of court or in a trial.