How to Document Your Personal Injury Compensation Claims
Personal injury attorneys can help victims of injuries receive fair compensation. To receive full damages, it is important to keep track of your losses meticulously. Keep the track of all medical expenses and out-of expenses out of pocket.
Economic damages include the cost of your current and future medical expenses and lost wages. Also covered are pain and suffering and loss of companionship.
Statute of limitations
If you've suffered injuries due to the negligence of someone else or by a wrongful action, you should start a lawsuit as soon as possible. Statutes of limitations are legal limitations that protect parties from unnecessary litigation by preventing claims from being filed after the deadline has passed. These time limits vary by state and type of claim and are typically subject to specific or limited exceptions.
In New York, for example when you want to file a lawsuit relating to injuries caused by a car accident, the statutes of limitations are three years. For Broken Arrow injury attorney involving negligence like medical malpractice and 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 particular case, and ensure that it is filed on time. An experienced lawyer can also examine your case and suggest any possible extensions or waivers of the statute of limitations that apply.
It is important to know that even the time your statute of limitations has expired you may still have other claims for compensation relating to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is best to consult an attorney about your case as soon as you can and so that he or she can provide you with all your options.
In the majority of instances, the statute of limitations begins to begin running from the date of the incident that led to your injury. However, in certain circumstances like exposure to toxic 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 known as the discovery rule.
There are some rare situations where the statute of limitations is "tolled", or suspended. These situations are highly factual and require an experienced personal injury attorney to analyze. Our lawyers at Littman & Babarz can assist you if you were injured as a result of an unintentional act 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 person accountable for your injury. Damages are the legal term used to describe this. There are two kinds of damages: general and special. General damages are meant to compensate you for your losses such as medical expenses, lost wages, and pain and discomfort. Funeral expenses and emotional distress could be included in the special damages. If your loved one has died because of another's reckless behavior, you can also recover damages for wrongful death.
A court must establish four elements in order to determine the party responsible for your injuries such as breach of duty, causation, and damages. To establish a duty, the defendant must have a legal obligation to be responsible in a particular situation. Negligence is the inability to fulfill this obligation. A breach of this duty is a direct cause of the injury you suffered. To qualify for damages the injury must have caused severe damage or injury.
For instance an accident in a car that resulted in a severed arm would have substantial medical expenses, and most likely the loss of wages. The injury was caused directly by the defendant's careless or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one, as well as emotional stress you or your family members have suffered.
Damages that are not financial are more difficult to determine. Your attorney will employ different methods to calculate the worth of your pain and suffering. Keep a journal to record your pain levels throughout the day and how your injuries have affected you mentally as well as physically. This can help you support your claim. Insurance companies typically undervalue these damages to avoid paying more settlements.
In rare cases you may be able to seek punitive damages to punish the responsible party. These damages can only be granted when the judge or jury finds the defendant's actions to be outrageous. This type of compensation is typically awarded in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. To receive these additional damages your lawyer must demonstrate that the defendant committed the offense with malice, wantonness or fraud, as well as oppression or with a lack of awareness of the consequences of his or her actions.
Settlements
The amount of compensation you receive for your injuries will depend on how your case is decided. If your case is heard, a jury will determine the amount you're awarded for your losses and injuries. In many cases, the parties will agree to settle the matter outside of court. This lets them avoid the time and cost of a trial. It also allows victims to recover their compensation sooner than should they wait for the trial process to be completed.
The settlement for personal injuries will include the economic as well as other damages. The former include expenses like medical expenses, lost wages and property damage. The latter covers aspects such as pain, suffering and the loss of enjoyment your life. Placing a monetary value on these damages is often challenging, 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 review the evidence you've gathered and determine what they feel your claim is worth. You may need to file a demand letter, which includes your evidence and a request for the appropriate compensation amount. Most likely, you will receive a counter-offer by the insurer, which is typically less than what you asked for. Your attorney can then negotiate with the insurance company to negotiate an acceptable settlement for your injuries.
If you have a valid claim, the settlement will cover your medical expenses as well as other out-of pocket expenses associated with your accident. In certain instances your settlement could include compensation for any future treatment that your doctor estimates you'll require 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 awarded to spouses or children who have suffered because of the loss of a loved one as a result an accident caused by someone else's negligence.
You could also be eligible for punitive damages if the defendant was found to be negligent in particular. This kind of payment is designed to penalize the defendant and deter others from engaging in similar reckless behavior.
Filing an action
After making contact with a personal injury attorney, a person should begin accumulating evidence of their losses. This can include documents such as medical records as well as police reports and insurance policies. Documentation of loss of income or property damage must be included in a claim.
If the parties fail to come to an agreement the lawyer for the plaintiff may file a suit against the defendant. The complaint will outline the claimant's account of the events, explain how the actions of the defendant harmed them, and request relief in the form monetary compensation. A summons is also filed and personally handed over to the defendant. This is a notice that they are being sued. The defendant is given a specific time frame in which to respond.
In this phase each party will complete the discovery process, where they examine the defenses and claims of the other party. This can take a significant amount of time and will likely require a significant amount of documents.
A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They can also to assist in the calculation of damages. They may also submit a demand to the insurance company for an appropriate settlement. The insurance company could accept, reject or counteroffer the offer.
It is crucial to hire an attorney who is familiar with the law to protect your rights and maximize the amount of compensation you receive. A competent lawyer can go through all of the available evidence to confirm that you're being compensated for each loss. They can also help you eliminate unnecessary costs and track the amount of money you're entitled.
New York law allows for every person to be compensated for their part of the blame if more than one party is responsible for an accident. A knowledgeable lawyer can also assist with workers' compensation claims.
Certain personal injury cases require the involvement of experts in fields such as economics, medicine and engineering. Your lawyer will help you choose a qualified expert to provide testimony and support your case. Depending on the circumstances of the case, it could be decided out-of-court or in a trial.