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How Palm Coast injury lawyer You Tube is a civil dispute over the amount of compensation for injuries and losses. In these situations the defendant is usually the one at fault. The plaintiff is usually the party who is injured. Your attorney will review all medical records and other documents, to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate with the insurance company for you. Damages If a plaintiff prevails in a personal injury lawsuit, the court awards the plaintiff a sum of money to cover damages. These funds can be awarded in a lump sum or spread over a time period in a structured 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 itemized and quantifiable like medical expenses and lost wages. General damages are more difficult to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life. Keep a diary of how your injuries have affected the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels as well as mental anxiety and your ability to perform things you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is particularly true when an individual or business commits gross negligence, fraud, and criminal intention. The court can also award punitive damages to deter other people from doing the same thing. The defendants receive a summons along with a complaint once a lawsuit has been filed. The defendants must respond (also called an answer) within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. This is the time when both parties will exchange relevant information and evidence, including taking depositions under an oath. This is the majority of the timeline for personal injuries. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it's likely that you'll lose your right to receive damages. It is important to consult an attorney in personal injury as soon as possible even if you're not sure whether the accident occurred before the deadline. A statute of limitation is a law in a state that provides a time frame for filing an action. In the majority of states the statute of limitations begins the date on which the accident or incident caused your injuries. The time frame for filing an injury lawsuit is dependent on the person you are seeking to sue. If you want to sue an entity of municipal government (such as a county or city) the deadline is shorter. There are also certain situations that may change the statute of limitation in your situation. For example, if you were exposed to harmful substances or a victim of medical negligence the time limit may begin when you discover or should have realized that your injuries were the result of negligence. In some cases, the statute of limitations can be tolled for minors. If you file an injury claim after the statute of limitations has expired the defendant will most likely inform the court and ask for the case to be dismissed. If this happens, the court will dismiss your claim in a sweeping manner without hearing. It is crucial to speak with a personal injury lawyer as soon as you can to discuss your situation and determine if you can make an official claim. Complaint A complaint is a formal legal document that is filed by a party that claims a cause of action and demands judicial relief. The complaint should also define the kind of compensation the plaintiff is seeking. The defendant must then respond within a specific time frame. A defendant is likely to reject the claim. If the defendant does not respond, a default judgment may be entered in the petitioner's favor. Personal injury claims are typically founded on bodily injury. Your attorney will ensure that you get paid for the medical bills you are currently paying and any future expenses. These expenses include medication or home care as well as physical therapy. In addition, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes things like the inability to walk, sleep or drive normally. This type of damage is called pain and suffering. The court will schedule a preliminary conference when the complaint is filed. The court will schedule any mandatory oral or physical examinations as well as the production of any documents. Your lawyer will then prepare an Bill of Particulars. It will provide a full description of your injuries. It will include all the losses you have suffered which include the cost of your current and future medical expenses, lost earnings and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment in life and any other damages that are not monetary that you are seeking. If your case is deemed to be a probable cause, you will be scheduled for an open hearing. If the complaint is dismissed because of a decision that there is no probable cause or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant through certified or registered mail within a specified time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which details the injuries and damages you've suffered in greater detail. This could include photos of your injuries, medical bills and lost wages. The document will also contain information regarding the accident and why you believe the defendant is accountable for the harm. During the middle part of a lawsuit, also known as “discovery,” each party has the opportunity to ask questions and look over evidence that is held by the other party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, and your attorney will play a crucial role in negotiations during this time. Your lawyer can also ask to see you by a doctor they choose for the damages or injuries 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 defendant's examination costs. After discovery and inspection, attorneys from both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then decide on the trial. During the trial the jury will decide if the defendant was responsible for the accident and the injuries you sustained. If the defendant is responsible the jury could award you damages. If the defendant is not accountable and the jury denies your claim. Trial Personal injury claims can cover a broad range injuries, such as emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents like car crashes and falls. A lawsuit can also be filed for injuries that are not physical like discomfort and pain and loss of companionship. Your lawyer will conduct a thorough investigation regarding your accident in the beginning stages of the investigation to determine the exact cause and the extent of your injuries. He or she will then engage with the insurance company of the party who is at the fault. Your attorney will stay in contact with you regarding any significant developments and will also negotiate throughout the process. After negotiations are unsuccessful, your lawyer will file an official complaint in court against defendant. A Complaint, the first official document of civil lawsuits, names all parties, details the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be personally served and must be physically handed to the defendant. It usually takes about one month. After service has been completed and the defendant is required to “answer” the Complaint within a specific time, which is usually 30 days. The answer will tell you if the defendant is willing to admit the allegations in the Complaint or denies them. During this stage, your lawyer may submit medical records, documents as well as other evidence to prove your case. The lawyer for the defendant will provide an answer to these documents and the two parties will continue to negotiate. If the parties are unable to reach an agreement, then mediation or arbitration could be required before trial can begin. However, a substantial portion of personal injury cases are settled out of court. Once a settlement is reached, your lawyer has to pay any businesses that have lien on the award out of a special account for escrow before he or she will write you an official check.