How to Document Your Personal Injury Compensation Claims
Personal injury lawyers can help victims of injuries receive fair compensation. Documenting your losses is essential to receiving full damages. This includes keeping an eye on your medical expenses and out of pocket expenses.
Economic damages include the cost of your past and future medical expenses, as well as lost wages. It also covers suffering and pain and loss of companionship.
Statute of Limitations
If you've been injured due to someone else's negligence or wrongful act, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal time restrictions that shield individuals from unnecessary litigation by preventing claims from being filed after the deadline has been met. These time limits can vary according to the state and claim type, and are often subjected to special or limited exemptions.
For instance, in New York, if you want to bring a lawsuit for injuries caused by an auto accident the statute of limitation for these types of cases is three years. For other civil actions that involve negligence such as medical negligence and product liability, as well as wrongful death the statute of limitation is two years.
A lawyer can help determine the statute of limitations that applies to your case and ensure it is filed on time. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations in your case.
It is important to know that even the time your statute of limitations has expired you may still have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to speak with an attorney about your case as soon as you can to ensure that he or she can inform you of all options.
In most cases, your statute of limitations begins to begin running from the date of the incident that caused you injury. In some situations, like exposure to toxic materials or medical malpractice the statute of limitation does not begin until you realize, or reasonably would have known that your injury is result of a negligent act. This is referred to as the discovery rule.
There are also a few instances where the statute of limitations has been "tolled" or suspended, but these situations are highly fact-specific and must be assessed by a competent personal injury lawyer. If you've been injured because of someone else's negligent behavior, the lawyers at Littman & Babiarz can help. Contact us today to set up your free consultation.
Damages
The goal of a personal injury claim is to obtain financial compensation from the person accountable for your injuries. Damages is the legal term used to describe this. There are two types of damages, general and special. Boynton Beach injury lawyer are intended to compensate you for costs resulting from your injury, such as medical bills, lost income and pain and suffering. Special damages may include funeral costs and emotional distress. If a loved one died because of another's reckless behavior you may also be entitled to damages for the wrongful death.
To hold the person responsible accountable for your injury the court must establish four elements: duty, breach, damages and causation. To establish the duty of a defendant, they must be legally bound to behave responsibly in the particular situation. Negligence is the inability to fulfill this duty. A breach of this obligation is the direct cause of the injury you suffered. The injury must have caused significant damage or caused serious harm to qualify for damages.
For instance, a car accident that resulted in a severed arm would result in significant medical expenses, and most likely an interruption in wages. The defendant's reckless or careless actions directly caused the injury. The wrongful death claim may include funeral and burial expenses for your loved one, and emotional pain you or your family members have experienced.
Non-financial damages are harder to calculate. Your attorney will employ different methods to determine the worth of your pain. Maintaining a log of your daily pain levels and how the injuries affected your mental, physical and emotional health can help support your claim for these damages. Many insurance companies undervalue the damages in order to avoid paying higher settlements.
In rare cases you may be able to obtain punitive damages to punish the responsible party. These damages are only available if jurors or judges believe that the defendant's conduct was particularly obscene. These kinds of compensation are usually awarded in instances of drunk driving accidents, intentional or malicious acts, and nursing facility abuse. To get these additional damages, you need to prove to your lawyer that the defendant acted with malice or wantonness, fraud or oppression or a conscious disregard for the consequences of their actions.
Settlements
How your case is ruled will determine the amount of compensation that you will receive. If your case goes to trial, a jury will decide how much they will pay you for your losses and injuries. In many cases the parties will agree to settle out of court. This allows them to save the time and money of a trial. This also allows victims to recover their compensation earlier than they would if they waited for the trial process to be completed.
The settlement for a personal injury includes both economic and other damages. The former covers costs like medical expenses loss of wages, property damage. The latter includes aspects such as suffering, pain and the loss of enjoyment your life. It isn't always easy to determine a dollar amount on these damages, but an experienced attorney can help you determine the worth of your injuries.
Insurance companies will usually offer a settlement to settle your case before it goes to trial. They will look over the evidence that you have amassed and determine how they value your claim. You may be required to send an official demand letter that includes your evidence and a request for the appropriate compensation amount. The insurer is likely to offer you a counter-offer which is usually less than the amount you requested. Your attorney can then negotiate an acceptable settlement with the insurer.
If you have a valid legal claim, your settlement will generally cover medical expenses and other expenses out of pocket related to the accident. In some instances, your settlement will also include compensation for any future treatment that your doctor estimates you'll require as a result 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 kind of compensation is typically granted to children or spouses who suffered as a result of the death of a loved one as a result an accident that was 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 type of compensation is designed to punish the defendant and prevent others from engaging in similar reckless actions.
Filing an action
After contacting an attorney for personal injury one should begin collecting documentation of their losses. Documents such as medical records, police reports, and insurance policies could be included. Include documentation of damage to your property or income loss in your claim.
If the parties are unable to reach a settlement the attorney for the plaintiff may file a lawsuit against the defendant. The complaint will outline the claimant's account, explain the defendant's actions and ask for an amount of money. A summons is also filed and handed over to the defendant. It is a notification that they are being sued. The defendant is given a specific amount of time in which to respond.
In this stage each party will complete the discovery process, where they look into the defenses and claims of the other. This could be a lengthy process and could require lots of documents.
A lawyer can help prepare for trial by arranging expert witnesses and obtaining evidence. They are also able to assist in calculating damages. They can also make a demand to the insurance company for an appropriate settlement. The insurance company could accept or decline the offer it, or offer a counteroffer.
It is crucial to hire an attorney who is knowledgeable of the law to safeguard your rights and maximize your recovery. An experienced lawyer will comb through all the evidence available to ensure that you're being compensated for every loss. They can also eliminate unnecessary expenses and help you to keep track of all the amount you are entitled to receive.
New York law allows for every person to be compensated for their part of the blame if more than one party is accountable for an accident. A knowledgeable lawyer can also assist with claims for workers' compensation.
Some personal injury cases might require the assistance of experts in fields such as economics, medicine, or engineering. Your lawyer will help you select an appropriate specialist to testify and help support your case. Based on the circumstances, some cases could be tried in court, while others settle out of the court.