Injury Compensation Claims: The Good, The Bad, And The Ugly
How to Document Your Personal Injury Compensation Claims
Personal injury lawyers can help injured victims get fair compensation. The process of documenting your losses is vital to receive the full amount of damages. This includes keeping track of your medical treatment and out-of-pocket expenses.
Economic damages include the costs of your past and future medical expenses, as well as lost wages. It also covers the pain and suffering you endured and the loss of companionship.
Statute of Limitations
If you've suffered an injury by a negligent action or negligence it is imperative that you act quickly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time limits that safeguard parties from unnecessary litigation. They prevent claims from being filed after the deadline. The time limitations can differ depending on the state of origin and claim type and are usually subject to special or limited exemptions.
For example, in New York, if you would like to file a lawsuit over injuries caused by an auto accident the statute of limitation for these cases is three years. The time limit for civil actions which involve negligence is two years. This includes medical negligence, product liability, and the wrongful death of a person.
A lawyer can help you determine the time limit that applies to your particular case and ensure that it is filed in a timely manner. A knowledgeable lawyer can review your case and recommend any possible extensions or waivers of the statute of limitations that are in effect.
It is important to keep in mind that even if the statute of limitations has expired but you might still be able to file additional claims for compensation relating to your injuries, including workers compensation or Social Security disability benefits. However, it is best to speak with an attorney about your case as soon as you can and so that he or she can inform you of all options.
In most instances, the statute of limitations will begin running from the date of the incident that caused your injury. In some situations, like exposure to toxic materials or medical malpractice the time limit is not set until you realize or would have known that your injury was caused by a negligent act. This is known as the discovery rule.
There are some rare situations where the statute of limitation is "tolled", or suspended. These cases are factual and require a skilled personal injury lawyer to look into. If you have been hurt due to someone else's wrongful conduct, the attorneys at Littman & Babiarz can help. Contact us today to set up 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 groups of damages that are general and special. General damages are intended to compensate you for the expenses resulting from your injury, such as medical expenses, lost income and pain and suffering. Special damages can include funeral costs and emotional stress. If your loved one has died due to a reckless act of another you may also be able to recover 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 a duty, the defendant must have the legal obligation to be responsible in a specific 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 serious harm to qualify for damages.
For instance a car crash that caused a broken arm would result in significant medical expenses, and most likely an interruption in wages. The injury was caused directly due to the defendant's negligence or reckless actions. The wrongful death claim can include funeral and burial costs for your loved one, as well as emotional stress you or your family members have endured.
Damages that are not financial are more difficult to calculate. Your lawyer will employ a variety of methods to determine the value of your pain. Keep a record of your pain levels throughout the day and how the injuries affected your mental, physical and emotional health can aid in your claim for these damages. Insurance companies tend to undervalue these damages in order to avoid paying higher settlements.
In rare cases, your attorney can seek punitive damages, which are intended to punish the responsible party. These damages are only available when jurors or judges believe that the defendant's behavior was particularly obscene. These kinds of compensation are usually awarded in instances of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To receive these additional damages, your lawyer must prove that the defendant acted with malice, willful 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 will receive. If your case is heard in court, a jury will decide the amount you're awarded for your losses and injuries. In many cases, the parties will agree to settle their dispute outside of court. This allows them to save the time and money of a trial. This allows victims to receive their compensation earlier than the time they would have to wait for the trial to conclude.
A personal injury settlement covers both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter include things such as pain, suffering and loss of enjoyment your life. Calculating a dollar value for these damages is often challenging however, an attorney can help you determine what your injuries are worth.
Insurance companies typically offer settlements to settle your case prior to it goes to trial. They will look over the evidence you've gathered and decide what they believe your claim is worth. You may need to file 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 often lower than the amount you request. Your attorney will then negotiate an acceptable settlement with the insurance company.
If you have an undisputed legal claim, the settlement will generally cover your medical bills and other expenses out of pocket related to the accident. In some cases your settlement could include compensation for any future treatment your doctor believes you'll require due to the.
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 and children who have suffered because of the loss of a loved one due to an accident caused by another person's negligence.
You may also receive punitive damages if you were found to be especially negligent. This type of payment is intended to punish the defendant and discourage others from engaging in reckless behavior.
Filing a Lawsuit
After making contact with an attorney for personal injuries the client should begin accumulating evidence of their losses. Documents like medical records, police reports, and insurance policies can be included. Include documentation of property damage or income loss in your claim.
If the parties cannot agree on an agreement the attorney for the plaintiff may bring a lawsuit against the defendant. The complaint will outline the claimant's argument, outline the actions of the defendant and request for an amount of money. A summons is also filed and personally handed over to the defendant. It is a formal notice that they are being sued. The defendant is given a specific amount of time in which to respond.
In this process, both sides will complete the discovery phase in which each party investigates the other's claims and defenses. It can be a long process and could require an extensive amount of documentation.
A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They can also make an offer to the insurance company for a fair settlement. The insurance company can accept the offer, decline it, or counter-offer.
It is vital to have an attorney who knows the law to safeguard your rights and maximize recovery. A good lawyer will be able to look through all the evidence to verify that your losses are being compensated. They can also help you cut out unnecessary costs and track the amount you're entitled to.
If Naperville injury lawsuit than one person is responsible for the accident, New York law allows each of them to recover the amount they owe. A competent lawyer can assist with workers' compensation claims.
Certain personal injury cases require the assistance of experts in areas such as economics, medicine and engineering. Your lawyer will help you select experts who can provide testimony to help your case. Depending on the circumstances, some cases could be tried in court, while others settle out of court.