How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims get fair compensation. Documenting your losses is essential to receive the full amount of damages. This includes keeping track of your medical treatment and out-of-pocket expenses. Economic damages include your future and past medical expenses as well as lost wages. Also, it covers your pain and suffering and the loss of companionship. Statute of Limitations If you've been injured by the negligence of someone else or by a wrongful act, you must start a lawsuit as soon as you can. Statutes of limitation are legal time limits that protect the parties from unnecessary litigation. They stop claims from being filed after the deadline. These limitations are different for each state and claim type and are usually subject to special or limited exceptions. In New York, for example, if you wish to bring a lawsuit against injuries caused by a car accident the statutes of limitation are three years. The time limit for civil actions that involve negligence is two years. This includes medical negligence, product liability, and accidental deaths. A lawyer can help you determine the time limit that applies to your particular case and ensure it is filed in a timely manner. An experienced lawyer will review your case and recommend any possible extensions or waivers of the statute of limitations that are in effect. It is important to be aware that even if your statute of limitations has expired you may still have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is best to consult an attorney as soon as you can about your situation, so they can advise you of the options that are available. In the majority of instances, the statute of limitations will expire on the date of the incident that led to your injury. However, in certain circumstances such as exposure to toxic substances or medical malpractice, the statute of limitations does not begin to run until you have realized or reasonably should have realized that your injury was caused by the negligent action. This is known as the discovery rule. There are also some rare circumstances when the statute of limitations is tolled or suspended, but these situations are highly fact-specific and must be analyzed by a skilled personal injury lawyer. If you've suffered injury because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The goal of a personal injury claim is to get financial compensation from the party accountable for your injuries. Damages are the legal term used to describe this. There are two kinds of damages: general and special. General damages are designed to provide you with compensation for your losses, such as medical bills as well as lost wages and pain and discomfort. Special damages could include funeral expenses and emotional distress. If your loved one has died due to reckless behavior by another, you may be able recover damages for wrongful death. To hold the responsible party accountable for your injury, a court must establish four elements which are breach, duty, damages and causation. To establish the duty of a defendant to be legally bound to act responsibly in the particular situation. Negligence is the inability to fulfill this duty. The injury you sustained is directly caused by a breach of this duty. The injury must have caused serious damage or serious harm in order to be eligible for damages. For example, a car accident which resulted in a fractured arm would result in significant medical expenses and possibly a 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 and emotional pain you or your family have suffered. Non-financial damages are harder to determine. Your attorney will use different methods to calculate the value of your suffering and pain. Keep a record of your daily pain levels and how your injuries have affected your physical, mental, and emotional well-being can aid in your claim for these damages. Insurance companies tend to undervalue the damages of their clients to avoid paying higher settlements. In some rare instances you may be able to seek punitive damages to punish the negligent party. These damages are only awarded when a jury or judge finds the defendant's actions to be particularly obscene. These types of compensations are usually awarded in instances of drunk driving accidents, malicious or intentional actions, or nursing facility abuse. To be eligible for these additional damages your lawyer must demonstrate that the defendant acted with malice, wantonness or fraud, oppression, or conscious indifference to the consequences of their actions. Settlements How your case is decided will determine the amount of compensation that you receive. If your case is heard by a jury, the jury will decide the amount you will be awarded for your losses and injuries. In a lot of cases parties, however, they agree to settle their claims outside of the courtroom. They are able to avoid the time and expense 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 personal injuries will include both economic and other damages. The former includes expenses like medical costs loss of wages, property damage. The latter includes aspects like suffering and pain, as well as the loss of enjoyment of life. It isn't always easy to quantify the value on these losses, but an experienced attorney can assist you in determining the value of your injuries. Insurance companies typically offer settlements to settle your claim before it goes to trial. They will examine the evidence you've gathered and decide what they believe your claim is worth. injury accident lawyers may be required to send an offer letter, which includes your evidence and a request for the appropriate compensation amount. The insurer is likely to offer you a counter-offer which is often lower than your requested amount. Your attorney can then negotiate an equitable settlement with the insurer. If you have a valid claim the settlement will cover your medical expenses and other expenses out of pocket associated with your accident. In some instances your settlement could include a portion of the future treatment that your doctor estimates 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 spouses and children who have suffered because of the loss of a loved one due to an accident caused by another person's negligence. You could also be awarded punitive damages if the defendant was found to be particularly negligent. This type of compensation is intended to punish the defendant and to discourage others from engaging in reckless conduct. Filing a Lawsuit After making contact with an attorney for personal injury, a person must begin collecting evidence of their losses. This may include documents like medical records as well as police reports and insurance policies. Include evidence of damage to property or income loss in your claim. If the parties cannot reach an agreement, the plaintiff's attorney may start a lawsuit against the defendant. The complaint will outline the plaintiff's version of events, outline how the defendant's actions harmed them and ask for relief in the form monetary compensation. A summons is also filed and personally delivered to the defendant. It is a formal notice that they are being accused of a crime. The defendant then has a certain amount of time to reply. During this process each side will complete the discovery phase in which each side investigates the other's claims and defenses. This could be a lengthy process that may require lots of documents. A lawyer can help prepare for trial by arranging for experts to testify and gathering evidence. They are also able to assist in calculating damages. They may also submit an offer to the insurance company for an appropriate settlement. The insurance company may accept the offer, reject it, or counter-offer. It is important to have an experienced lawyer to protect your rights and maximize your compensation. An experienced lawyer will comb through all evidence available to ensure that you're being compensated for each loss. They can also help you eliminate unnecessary expenses and track the amount you're entitled to. If more than one person is responsible for the accident, New York law allows each one to be compensated the amount they owe. A knowledgeable lawyer can also assist with workers' compensation claims. Some personal injury cases require the assistance of experts in areas such as economics, medicine and engineering. Your lawyer will help you select an appropriate specialist to testify and help support your case. Depending on the situation, some cases could go to trial, while others will settle out of court.
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