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How www.youtube.com is a civil dispute over monetary compensation for injuries and losses. These cases often involve a person at the fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through your medical records and other documents to determine the extent of your injuries, the costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins a personal injury lawsuit the courts award them funds to pay for their damages. These funds can be awarded in an amount in one lump sum or spread out over a time period in an agreed settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs that can be categorized and quantifiable for example, medical expenses and lost wages. General damages are harder to quantify a dollar amount on, such as pain and suffering and loss of enjoyment of life. Writing down how your injuries have affected you can help improve your chance of winning the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, pain levels throughout the day as well as mental anxiety and your ability to perform things you used to take for granted. In a lot of personal injury cases, more than one defendants are responsible. This is especially true when a business or individual commits criminal intent, fraud or gross negligence. The court may also award punitive damages to deter other people from engaging in the same manner. When a lawsuit is filed and the defendants are served with a summons and complaint. They will then be required to submit a response, also known as an answer within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer is filed, the case is moved to the phase of fact-finding, also known as discovery. This is when the parties exchange pertinent information and evidence, which includes depositions under oath. This is the majority of the timeline for personal injuries. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it's likely that you'll lose your right to receive damages. This is why it's important to talk to an attorney who specializes in personal injury to discuss your case early on, even if you are not certain if the incident happened within the deadline. A statute of limitation is a law in a state that establishes a deadline for filing a lawsuit. In the majority of states the statute of limitations starts with the date of the incident or accident that caused your injuries. The deadline to file a lawsuit for personal injury is dependent on the person you're suing. For example, if you want to sue a municipal government entity (such as a city or county) the deadline is much shorter. There are certain circumstances that may change the statute of limitations in your case. If you were exposed toxic substances or suffered from medical malpractice, for example, the statute of limitation could begin when you realize or ought to have known that your injuries are due to negligence. In certain cases minors are exempt from the statute of limitation. If you submit a claim for injury after the statute of limitation has expired the defendant will likely inform the court about this and ask that your lawsuit be dismissed. In this case the court will decide to dismiss your claim summarily without a hearing. It is crucial to speak with an attorney for personal injuries as soon as you can to discuss your case to determine if you can make a legal claim. Complaint A complaint is a legal formal document filed by a plaintiff that alleges an action and demands legal relief. The complaint should also state the kind of compensation the plaintiff seeks. The defendant must then respond within a certain timeframe. In general the case, a defendant will deny the claim. If the defendant does not respond, a default judgment may be made in favor of the petitioner. Most personal injury claims involve actual bodily injury. Your attorney will make sure that you receive compensation for medical bills currently incurred and any future costs. These expenses include medications or home care as well as physical therapy. You can also claim any loss in your quality of life that is caused by your injury. This includes things like the inability to walk, drive, or sleep normally. This kind of damage is known as pain and suffering. If a complaint is filed and the court is notified, they will convene a preliminary conference to set the date for the mandatory oral and physical examinations as well as any document production. Your lawyer will prepare an Bill of Particulars. It is a thorough description of your injuries. It will include all of your losses, including the costs of your current and future medical bills, lost earnings and property damage. Your lawyer will also outline the alleged emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you are seeking. If your case is deemed to be probable cause you will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable reason or because the court is not in authority, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff file a complaint with the court and then sends the defendant a copy by certified or registered post within a specific time. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which describes the injuries and damages you've sustained more fully. It may include photographs of your injuries, medical bills and lost wages. The document also contains details about the accident and how you believe the defendant is accountable for the damage. In the middle of a lawsuit, referred to as “discovery” the parties has the opportunity to ask questions and review evidence held by the opposing party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, so your attorney will play an important role in negotiations during this stage. Your lawyer can also ask that you are examined by a doctor they select for the injuries or damages you're seeking. If you do not show up, the court may dismiss your case. Also, the court may order you to pay for the doctor's examination costs. After discovery and inspection have been completed, the lawyers on both sides may file something called an “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then determine the trial date. During the trial the jury will decide if the defendant is responsible for the accident and the injuries you suffered. If the defendant is at fault the jury could award you damages. If the defendant isn't accountable and the jury decides to deny your claim. Trial A personal injury lawsuit involves a wide range of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed to address non-physical injuries such as suffering and pain, as well as loss of companionship. In the early stages of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what happened and the magnitude of your damages. Then, he will work with the at-fault party's insurance company. Your lawyer will stay in touch with you on any significant developments and discussions throughout the process. After negotiations fail and your lawyer is unable to resolve the issue, he will file an official complaint in the court against defendant. A Complaint, the first official document filed in a civil suit, lists all parties, outlines the incident, and claims that there was wrongdoing. It also seeks compensation. The complaint must be served personally which means it must be physically handed to the defendant. It usually takes about one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will tell you if the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. During this stage your lawyer will submit medical records, documents as well as other evidence to prove your case. The lawyer representing the defendant will respond to these documents and the two sides will start further negotiations. If the parties are unable to reach an agreement, then mediation or arbitration could be required before trial can begin. However, a large percentage of personal injury cases settle outside of court. Your lawyer must first pay any company with liens on your monetary award from a specific account before distributing an actual check.