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How to Document Your Personal Injury Compensation Claims
An attorney who specializes in personal injury can assist victims of injuries to obtain fair compensation. The process of documenting your losses is vital for obtaining full damages. This includes keeping track of your medical expenses and out of pocket expenses.
Economic damages include the cost of your past and future medical expenses and lost wages. Also, it covers your pain and suffering, as well as the loss of companionship.
Statute of Limitations
If you've been injured by someone else's negligence or wrongful act, you must file a lawsuit as soon as possible. Statutes of limitations are legal time limitations that protect individuals from unnecessary litigation by preventing claims filed after the deadline has expired. These time limits can vary according to the state and the type of claim and are typically subject to specific or limited exemptions.
For example, in New York, if you are seeking to file a lawsuit relating to injuries caused by an automobile accident the statute of limitations for these types of cases is three years. For other civil actions involving negligence like medical malpractice, product liability and wrongful death the statute of limitations is two years.
A lawyer can help determine the statute of limitations applicable to your case and ensure that it is filed on time. A lawyer with experience can analyze your case to determine if there are extensions or waivers that might be available.
It is important to know that even if your statute of limitations has passed, you could have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to speak with an attorney about your situation as soon as you can and so that he or she can advise you of the options available to you.
In most instances, your statute of limitations starts to expire on the date of the incident that caused you injury. In some instances, like exposure to toxic substances or medical malpractice, the limitation period is not established until you realize that you would have known that your injury is caused by a negligent act. This is known as the discovery rule.
There are also a few rare circumstances when the statute of limitations is "tolled" or suspended, but these cases are extremely specific and should be analyzed by a skilled personal injury lawyer. If you've been injured by someone else's reckless conduct, the attorneys at Littman & Babiarz can help. Contact us today for your free consultation.
Damages
A personal injury claim seeks financial compensation from the person accountable for your injuries. The legal term for this is "damages." There are two kinds of damages which are: general and specific. General damages are intended to compensate you for the costs resulting from your injury, such as medical expenses, lost income and pain and suffering. Funeral costs and emotional distress could be included in the special damages. If a loved one died because of another's reckless behavior, you can also recover wrongful death damages.
To hold the party responsible accountable for your injuries the court must establish four elements that include breach, duty, damages and causation. To establish the duty of a defendant, they must be legally bound to behave responsibly in the given situation. Negligence is the failure to meet this duty. The injury you suffered was directly resulting from a breach of this obligation. The injury must have caused substantial damage or serious injury to qualify for damages.
A car accident resulting in an injured hand could cause significant medical expenses, and most likely the loss of income. The defendant's reckless or negligent actions directly contributed to the injury. The wrongful death claim could include funeral and burial costs for your loved one, as well as emotional stress you or your family experienced.
The non-financial damages are more difficult to calculate. Your attorney will employ a variety of methods to calculate the value of your pain and suffering. Keep a journal of your daily pain level and how your injuries affect you mentally as well as physically. This can help you support your claim. Many insurance companies underestimate the value of these damages to avoid paying higher settlements.
In rare cases, you can seek punitive damages to punish the negligent party. These damages can only be awarded when a jury or judge finds the defendant's actions to be outrageous. This kind of compensation is usually awarded in cases involving drunk driving accidents, 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 malice or wantonness, fraud or oppression, or a conscious indifference towards the consequences of their actions.
Settlements
How your case is decided will determine the amount of compensation that you will receive. If your case goes to trial, a jury will decide what they will pay you for your injuries and losses. In many cases parties, however to settle out of court. They are able to avoid the lengthy and expense of an in-court trial. This allows victims to receive their compensation earlier than if they had to wait for the trial to be completed.
A personal injury settlement can include both economic and non-economic damages. The former includes costs such as medical expenses, lost wages and property damage. The latter covers aspects like suffering, pain, and loss of enjoyment of your life. It isn't always easy to quantify the value on these damages, but an experienced attorney can help you determine the worth of your injuries.
Typically, an insurance company will typically offer an agreement 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 have to send an offer letter, which includes your evidence and a request for the appropriate compensation amount. The insurance company will likely offer you a counter-offer which is usually lower than your requested amount. Your attorney will then negotiate with the insurer to reach an acceptable settlement for your injuries.
If you have a valid legal claim, the settlement will generally cover medical expenses as well as other out-of-pocket expenses due to the accident. In certain cases, your settlement may also include a portion of any future treatment your doctor predicts you'll 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 kind of compensation is usually awarded to spouses and children who suffer as a result of the loss of a loved one during an accident caused by another's negligence.
You may also receive punitive damages if you were found to be particularly negligent. This type of payment is intended to penalize the defendant and deter others from engaging in reckless conduct.
Filing a Lawsuit
After contacting a personal injury attorney the client should begin accumulating evidence of their losses. Documents such as medical records, police reports, and insurance policies could be included. Documentation of lost income or property damage should be included in an insurance claim.
If the parties are unable come to an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can make a claim against the defendant. The complaint will outline the plaintiff's version of events, outline how the actions of the defendant hurt them, and seek relief in the form of monetary compensation. A summons is also filed and personally served to the defendant as a notice that they are being sued. The defendant is then given a certain amount of time to reply.
During this time, both sides will complete the discovery phase in which each party investigates the other's claims and defenses. This can take a significant amount of time, and will likely involve a lot of documents.
A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in the calculation of damages. They may also submit a demand to the insurance company for a fair settlement. The insurance company may accept, deny or counteroffer the offer.
It is important to have a knowledgeable lawyer to ensure your rights are protected and maximize your compensation. Baton Rouge injury lawsuit will be able to look through all the evidence to ensure that your losses are being compensated. They can also help you eliminate unnecessary expenses and help you to keep track of the money you are entitled to receive.
New York law allows for every person to be compensated for their part of the responsibility if more than one party is responsible for an accident. A knowledgeable attorney can assist in workers' compensation cases.
Certain personal injury cases require the involvement of experts in areas such as medicine, economics and engineering. Your lawyer will help you choose a qualified expert to provide testimony and support your case. Based on the circumstances, certain cases could go to trial while others will settle outside of court.