Injury Compensation Claims: The Good, The Bad, And The Ugly
How to Document Your Personal Injury Compensation Claims
A personal injury attorney can help injured victims win fair compensation. Documenting your losses is essential for obtaining full damages. This includes keeping track of your medical treatment and out-of-pocket expenses.
Economic damages include the future and past medical costs and lost wages. Also covered are suffering and pain and loss of companionship.
Statute of Limitations
If you've suffered injuries due to negligence or a negligent act, you must file a lawsuit as soon as possible. Statutes of limitation are legal time limitations that safeguard parties from unnecessary litigation. They prevent claims from being filed after the deadline. These limitations are different for each state and type of claim, and are usually subject to specific or limited exceptions.
For instance in New York, if you would like to file a lawsuit over injuries caused by an auto accident, the statute of limitations for these kinds of cases is three years. For civil actions that involve negligence like medical malpractice and product liability, as well as wrongful death the statute of limitation is two years.
A lawyer can assist you determine the time limit applicable to your case and ensure it is filed on time. An experienced lawyer can review your case to determine if there are any extensions or waivers that could be available.
It is important to note that even if the time limit has passed, you may still be able to file other claims for compensation that relate to your injuries, such as workers' compensation or Social Security disability benefits. However, it is advised to speak with an attorney regarding your case as soon as you can to ensure that they can advise you of all options.
In the majority of cases, your statute of limitations starts to run on the date of the incident that caused your injury. However, in some situations, such as exposure to harmful substances or medical negligence the statute of limitations will not begin to run until you have realized or should have known that your injury was caused by the negligent act. This is known as the discovery rule.
There are a few rare instances in which the statute of limitations is "tolled" or suspended. These cases are factual and require a skilled personal injury lawyer to look into. Littman & Babiarz's attorneys can assist you if you were injured as a result of an unintentional act of another. Contact us for a free consultation.
Damages
A personal injury claim seeks financial compensation from the person who is responsible for your injury. The legal term for this is "damages." There are two kinds of damages which are: general and specific. General damages are designed to provide you with compensation for your losses like medical bills as well as lost wages and discomfort and pain. Funeral costs and emotional distress can be incorporated into special damages. If your loved one has died due to the reckless conduct of another you may also be able to recover damages for wrongful death.
To hold the responsible party accountable for your injuries, a court must determine four elements which are breach, duty, causation and damages. To establish a duty the defendant must be under an obligation under law to be responsible in a specific circumstance. A failure to fulfill this obligation is referred to as negligence. A breach of this duty is a direct cause of the injury you sustained. To be eligible for damages, the injury must have caused significant damage or injury.
For instance a car crash that caused a broken arm would result in significant medical expenses and possibly an interruption in wages. The injury was directly caused by the defendant's negligent or reckless actions. Miami Gardens injury lawyers can include funeral and burial costs for your loved one and emotional pain you or your family have suffered.
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. Keeping a journal of your pain levels throughout the day and how the injuries affected your physical, mental and emotional well-being could aid in proving your claim for these damages. Insurance companies typically 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 are only available if a judge or jury feels that the defendant's conduct was particularly obscene. These types of compensation are usually awarded in cases of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. In order to receive these additional damages, you need to prove to your lawyer that the defendant's actions were motivated by willful or malicious intent, 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 receive. If your claim is contested in court, a jury will decide the amount you will be awarded for your injuries and losses. In many cases parties, however, they agree to settle their claims outside of the courtroom. This allows them to avoid the time and expense of a trial. This means that victims can get their compensation sooner than if they had to wait for the trial to conclude.
The settlement for personal injuries includes damages that are both economic and non-economic. The former covers costs such as medical expenses, lost wage and property damage. The latter covers aspects such as pain, suffering and loss of enjoyment of your life. It can be difficult to put a monetary amount on these damages, but an experienced attorney can help you determine the worth of your injuries.
Typically an insurance company will typically offer a settlement before your case goes to trial. They will review the evidence you have gathered and determine how much they consider your claim. You might be required to submit a letter of demand, along with your evidence and an offer for a reasonable compensation amount. The insurance company will likely make a counter-offer that is typically less than the amount you requested. Your lawyer can negotiate an equitable settlement with the insurer.
If you have a valid claim the settlement will cover your medical expenses as well as other out-of-pocket expenses associated with the accident. In certain cases your settlement could include compensation for any future treatment your doctor estimates that you will require as a result of 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 or children who suffered as a result of the death of their loved ones due to an accident caused by negligence of someone else's.
Punitive damages may be awarded when the defendant is found to have been negligent. This kind of compensation is designed to punish the defendant and deter others from engaging in reckless conduct.
Filing a Lawsuit
After 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 may be included. Include evidence of damage to property or lost income in your claim.
If the parties fail to reach an agreement, the plaintiff's lawyer may file a suit against the defendant. The complaint will provide the claimant's argument, outline the defendant's actions and ask for an amount of money. A summons is also filed and personally served to the defendant as a notice that they are being accused of a crime. The defendant is given a certain time frame in which to respond.
During this process, both sides will complete the discovery phase, where each side investigates the other's claims and defenses. This can take a significant amount of time, and will likely require a significant amount of documents.
A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They can also help calculate damages. They may also request an equitable settlement from the insurance company. The insurance company may accept the offer, reject it, or counter-offer.
It is vital to have an attorney who knows the law to protect your rights and maximize your recovery. The right attorney will be able to look through all the evidence available to confirm that your losses are being compensated. They can also assist you to cut out unnecessary costs and track the amount of money you're entitled.
New York law allows for everyone to be compensated for their part of the responsibility if more than one person is responsible for an accident. A skilled attorney can also assist in workers claims for compensation.
Some personal injury cases might require experts from fields like medicine, economics, and engineering. Your lawyer will help you choose the right expert to testify in support of your case. Based on the circumstances, certain cases may be tried in court, while others will settle outside of court.