How to Document Your Personal Injury Compensation Claims

Personal injury attorneys can help injured victims receive fair compensation. Documenting your losses is essential to receive the full amount of damages. This includes keeping an eye on your medical expenses and out-of-pocket expenses.

Economic damages include the cost of your current and future medical expenses, as well as lost wages. Also, it covers suffering and pain as well as loss of companionship.

Statute of Limitations

If you've been injured due to another person's wrongful action or negligence it is imperative to act swiftly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal time restrictions that shield parties from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. These time limits vary by state and type of claim and are usually subject to special or limited exceptions.

In New York, for example when you want to bring a lawsuit against injuries that result from a car crash, the statutes of limitations are three years. For civil actions that involve negligence such as medical negligence, product liability and wrongful death the statute of limitations is two years.

A lawyer can help determine the statute of limitation applicable to your case, and ensure that it is filed on time. An experienced lawyer can review your case to determine if there are extensions or waivers that might be possible.

It is important to remember that even when the statute of limitations has expired however, you may be able to file other 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 situation, so they can advise you of the various options available.

In the majority of instances, the statute of limitations begins to expire on the date of the incident that led to your injury. However, in certain circumstances like exposure to harmful substances or medical negligence the statute of limitations does not start 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 some instances where the statute of limitations is "tolled" or suspended, but these cases are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. The attorneys at Littman & Babiarz can assist you if have been injured by an unintentional act of another. Contact us today to schedule your free consultation.

Damages

The purpose of a personal injury claim is to get financial compensation from the party accountable for your injuries. Damages is the legal term used to describe this. There are two types of damages, general and special. General damages are designed to compensate you for expenses resulting from your injury, such as medical expenses, lost income and suffering and pain. Funeral costs and emotional distress may be included in special damages. If your loved one has died due to a reckless act of another, you can also recover wrongful death damages.

A court must establish four elements to find the responsible party liable for your injury that result from a breach of duty, causation and damages. To establish a duty, the defendant must have an obligation under law to behave responsibly in a specific circumstance. Negligence is the failure to meet this obligation. The injury you suffered was directly resulting from a breach of this obligation. The injury must have caused significant damage or serious injury to qualify for damages.

For example an accident in a car which resulted in a fractured arm could result in substantial medical expenses and possibly an interruption in wages. The injury was caused directly by the defendant's negligent or reckless actions. The wrongful death claim can 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 determine. Your attorney will use different methods to determine the amount of your pain. Keep a record of your daily pain levels and how the injuries 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 some rare instances you may be able to seek punitive damages to punish the responsible party. These damages can only be awarded if the judge or jury finds the defendant's conduct to be particularly obscene. These types of compensations are usually awarded in cases of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To be eligible for these additional damages, you need to show to your lawyer that the defendant acted with willful or malicious intent, fraud or oppression or an avowed indifference to the consequences of their actions.


Settlements

The amount of compensation you receive for your injuries is contingent on how your case will be determined. If your claim is tried in court, a jury will decide the amount you're awarded for your losses and injuries. In many cases however the parties will agree to settle the matter outside of court. This allows them to avoid the time and cost of a trial. Additionally, it allows victims to receive their compensation earlier than they would should they wait for the trial to be completed.

The settlement for personal injuries includes both economic and other damages. The former include expenses like medical expenses, lost wages, and property damage. The latter include things such as suffering, pain and loss of enjoyment of your life. It can be difficult to determine a dollar amount on these damages, however an experienced lawyer can assist you in determining the value of your injuries.

Insurance companies usually offer settlements to settle your claim before it goes to trial. They will review the evidence you've amassed and determine how they will consider your claim. You may have to file an offer letter, which is accompanied by your evidence and an offer for a suitable compensation amount. Most likely, you will receive a counter-offer from the insurer, which is usually lower than what you requested. Your attorney can then negotiate a fair settlement with the insurance company.

If you have an undisputed legal claim, your settlement will typically cover medical expenses as well as other out-of-pocket expenses due to the accident. In certain instances your settlement could include a portion of the future treatment that your doctor predicts 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. Cary injury lawsuits of compensation is usually granted to children or spouses who have suffered because of the death of their loved one as a result an accident caused by someone else's negligence.

You could also be eligible for punitive damages if you were found to be negligent in particular. This kind of compensation is designed to punish the defendant, and discourage others from engaging in reckless conduct.

Filing an action

After a person has spoken with an attorney for personal injury and has been advised to gather documentation of their losses. This can include documents such as medical records, police reports and insurance policies. Include evidence of damage to property or income loss in your claim.

If the parties cannot agree on an agreement the attorney for the plaintiff may bring an action against the defendant. The complaint will provide the claimant's account, explain the actions of the defendant, and request for an amount of money. A summons is also filed and personally served to the defendant and serves as a notice that they are being sued. The defendant then has the time to respond.

In this process both sides will go through the discovery phase in which each party investigates the other's claims and defenses. It can be a long process that may require lots of documents.

A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in calculating damages. They may also request an appropriate settlement from the insurance company. The insurance company can accept the offer, reject it, or counter-offer.

It is crucial to have a knowledgeable lawyer to ensure your rights are protected and maximize your recovery. The right attorney can comb through all of the available evidence to confirm that you are being compensated for every loss. They can also assist you to eliminate unnecessary costs and track the amount you're entitled to.

If more than one person is at fault for the accident, New York law allows each one to be compensated the amount they owe. A skilled lawyer can also assist with claims for workers' compensation.

Some personal injury cases may require experts from fields such as medicine, economics, and engineering. Your lawyer can assist you in locating experts who will be able to provide evidence to help your case. Depending on the facts of the case, it can be resolved outside of court or in a trial.