The 10 Scariest Things About Accident Compensation

The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount of money you need to cover your injuries, our tenacious lawyers will draft an official demand letter. The letter will outline all of your economic losses like medical expenses and lost wages as also non-economic damages like pain and discomfort.

Then, a judge or jury will make a decision. If they decide in your favor, you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in the car it is essential to prove negligence to obtaining compensation for your injuries. The gathering of evidence is one of the initial steps in the process of litigation, and it involves collecting documents witnesses' testimony, photographs and official reports like police reports.

Your lawyer might be able to establish the circumstances of the accident attorney by taking pictures of the scene, which include skid marks, road debris and other physical evidence. Record the names and contact information of any witnesses who witnessed the events. Having witnesses testify that corroborate your account of events is important especially as it can be common for drivers to have contradictory reports of what happened, which causes insurance companies to refuse to accept the claim, or even deny any responsibility at all.

Other evidence that your lawyer could use include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other evidence that demonstrates the severity of your injuries. You should seek these documents as soon as is possible and ensure that you send copies to your healthcare providers.

Another type of evidence your attorney could make use of is a deposition which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. Your lawyer could use this testimony to establish your injuries had an obvious, predicable connection to the accident. This will help justify requesting compensation. Although the majority of the above types of evidence are obtained at the scene or within a short time after, some of it might not be accessible until later in the litigation process. It is essential to contact a lawyer for car accidents with the right credentials as soon as you can to start an investigation as evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled, and you've taken care of your injuries, seek legal advice from an experienced. A car accident attorney will provide the knowledge and expertise to help you obtain maximum compensation for your claim.

The first step is filing an application with the court. The complaint will detail your specific claims as well as the amount you want to recover in damages. The document is usually written by an attorney and filed in the court. It will also be served on the defendant.

The discovery phase begins with both parties able to share information about their defenses and claims. The process can be very long and requires both teams to look over a number of documents, including police reports and witness statements and medical records, as well as bills and much more. Both sides can request interrogatories. These are a set of questions that the other side has to answer under oath in the timeframe specified.

Throughout this process, your lawyer will also collaborate with doctors to ensure that they have a complete picture of the severity of your injuries as well as the impact they have affected your daily routine. Your lawyer will then calculate your total damages that will include the past and future medical costs loss of earnings, suffering and pain and much more.

Sometimes, your lawyer might be able to reach an agreement with the responsible driver's insurance company. This is more likely to happen after discovery and before the trial. If the insurance company is unable to offer a fair settlement or if you have incurred significant losses that aren't covered by the insurance policy, your case could be referred to trial. A jury or judge will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit where your lawyer and the insurance company exchange information that could help or hurt your claim. Your attorney will request copies of the documents that support your case. These include police reports, medical bills and work loss records from your employer (showing the amount of time you missed due to the accident) photographs of your vehicle damaged or injured and financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.

The written discovery tools are circulated back and forth between the attorneys for both sides. The written discovery tools give the other side an opportunity to respond to questions in writing which must be answered under oath and to provide copies of other information which could be useful to you.

Your Long Island car accident attorney will also interview witnesses and anyone who has information about the damages or injuries you sustained that could be crucial to your case. During a deposition, accident attorney the lawyer of the at-fault person will ask you questions and your answers will either be recorded on video by an official court reporter or recorded.

The goal of these pretrial investigation processes is to allow your lawyer to create an effective and convincing argument to the at-fault party and their insurer so that you can get a full and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases will settle however, the majority settles during or after the discovery process, which is often be completed prior to the time your case is brought to trial.

4. Trial

Trials can be arranged in situations where you and the insurance company do not agree on the source of your fault or the amount you should receive for your injuries. A trial is a formal process where both sides submit arguments and evidence to a factfinder who makes a decision which settles the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial your lawyer will be able to provide your version of the events in opening statements to the jury together with any evidence that you have, like images or videos of the accident lawyer scene, witness testimony from bystanders and medical professionals, and documents like police reports and medical bills. You may also offer your testimony regarding your memory of the incident and how it has changed your life. Expert witnesses are also able to testify in support of your claims. The attorney for the defendant can interrogate witnesses and contest the admissibility of specific evidence.

The jury will decide in the trial whether the plaintiff's injury was caused by the defendant's negligent behavior. They will examine proximate cause an intricate legal concept that lawyers spend countless hours studying during law school. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. This is another complicated issue depending on the severity of your injuries and the severity of your losses. Your lawyer will provide evidence, including expert testimony, regarding the severity of your injuries loss of income, future earning potential, as well your suffering and impairment.

5. Settlement

Each state has a deadline that you must meet to settle your claim, or even file a lawsuit. This is referred to as the statutes of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you may require filing a car accident lawsuit in court. This could be a lengthy process and expensive, yet it is often necessary to pursue compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal procedure where both sides exchange information with one another). Your lawyer will also file legal documents called motions that ask the court to consider not allowing certain types of evidence in trial. Settlement negotiations may continue throughout the entire process, and a lot of civil disputes in car accidents settle before a trial can be held.

If they believe your injury claim is solid and that you are willing to go to trial insurance companies will make a fair settlement offer. In addition the settlement process is quicker and less risky than a trial.

It is vital to understand your injuries before you agree to an agreement. You must also have completed all medical treatment. You could be denied additional compensation if you sign a settlement until your doctor has determined that you have reached the level of medical improvement that is the highest. Don't sign a settlement agreement before you have spoken to your lawyer regarding your damages. Your lawyer will ensure you don't be denied compensation that is valuable. They will carefully examine your medical records and other documents to make sure that you receive the entire amount of damages for which you are eligible.