The Three Greatest Moments In Accident Compensation History

The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter if an insurance company refuses to pay the amount you require for your injuries. This will outline all the economic losses you have suffered like medical bills and lost wages, and non-economic damages like suffering and pain.

A jury or judge will then make a decision. If they rule in your favor, you will be awarded damages, and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit that involves a car accident attorneys, proving negligence is crucial to receive compensation for your injuries. The gathering of evidence is one of the initial steps in the litigation process, and it involves gathering documents, photographs, witness testimony and official reports like police reports.

Photographs of the scene of the accident might assist your attorney in determining what actually happened in the crash, including the position of both vehicles after impact, skid marks, road debris and other evidence that is physical. Also, take note of the names and contact numbers of any witnesses who were present at what transpired. Witnesses who testify that confirm your account of what happened is crucial as it could be common for drivers to have contradictory accounts of what happened that leads to insurance companies refusing to accept the claim or denying any responsibility at all.

Medical records can also be used by your lawyer in order to prove the severity of your injuries. They could include bills, receipts and lab results, diagnose reports, discharge instructions, and other forms of documentation. You should get these records as quickly as you can and send copies to your healthcare providers.

A deposition is a different type of evidence your lawyer could employ. It's an out-of court testimony under oath. It is then transcribing by a Court Reporter. Your lawyer could use the testimony to establish that your injuries had an immediate and obvious connection to the accident and, therefore, can justify the need for Accident Attorneys the compensation you deserve for your damages. While most of the above-mentioned types of evidence are gathered at the Accident Attorneys scene or within a short time after, some of it might not be available until later in the litigation process. This is the reason it's essential to consult a highly-credentialed car accident lawyer as soon as possible, so that they can begin an investigation while the crucial evidence is in its most pure form.

2. Making a Complaint

After the dust has settled and you have tended to your injuries, it's the time to seek out legal counsel from an expert. A car accident lawyer can provide you with the knowledge to maximize your compensation.

The first step is filing an application with the court. It will describe your specific claims and the amount of money you wish to recover in damages. The complaint is typically written by your attorney and filed with the court and served to the defendant.

It also kicks off the discovery phase which allows both sides to exchange information and evidence that is related to their claims and defenses. The process can take a long time and requires both sides to examine a variety of documents, including police reports as well as witness statements, medical records, bills and much more. Each side may require interrogatories. These are a set of questions the other party must answer under oath within a set time frame.

In this stage, your lawyer will also work with doctors to ensure that they have a complete picture of the extent of your injuries and the impact they've had on your daily life. Your attorney will calculate your total damages. This will include any future medical expenses, lost wages, the pain and suffering of others, and many more.

Your lawyer could be able to negotiate a settlement with the insurance company of the driver at fault. This is more likely to occur after discovery and before the trial. If the insurance company is unwilling to offer a fair settlement, or if your damages are significant and are not covered by insurance, then you might have to go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is where your attorney and the negligent insurer of the driver share information that could either support or undermine your claim. Your attorney will request copies of the documents that support your case. These include police reports, medical bills and work loss documents from your employer (showing the length of time you've missed due to the accident), photos of your vehicle and any damages or injuries and other financial details. Your attorney may also use written discovery tools such as interrogatories and requests for production to question witnesses and parties who are not present.

These written discovery tools are exchanged between attorneys from both sides. They give the opposing party the opportunity to answer questions in writing, which have to be sworn to in oath and to provide copies of specific documents or other information that could be helpful to your case.

Your Long Island car accident lawyer will also be able to depose witnesses to the collision as well as anyone with information on your injuries or damages that could be relevant to your case. In a deposition, the lawyer representing the party at fault will ask you questions and your responses will either be recorded on video by a court reporter or transcribing.

The goal of these pre-trial investigation procedures is to enable your lawyer to present an argument that is convincing and persuasive to the responsible party and their insurer so that you can get an equitable and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case however, the majority of cases do so during or after the investigation process, which is usually done prior to trial.

4. Trial

Trials are possible in cases where you and the insurance company are not in agreement about who is at fault or the amount of compensation you should receive for your injuries. A trial is a formal hearing in which both sides present arguments and evidence to a factfinder, who issues a decision that settles the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial, your lawyer will present your version of events in opening statements to the jury together with any evidence that you have, like photographs or videos of the accident scene, testimony from bystanders and medical professionals, and documents such as police reports and medical bills. You can also provide testimony about your memories of the incident and how it has changed your life. Expert witnesses can also testify to back your assertions. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of specific evidence.

In a trial, the jury has to decide whether the plaintiff's injuries were caused by the defendant's negligence. They will examine proximate causes, a complex legal concept that law students will spend hours studying. Proximate causes analyzes 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 are entitled to. This is a complicated issue due to the severity of your injuries and the extent of your losses. Your lawyer will present evidence that includes expert testimony regarding the severity of injuries that resulted in loss of income and earning potential, as well your suffering and impairment.

5. Settlement

Each state sets a legal deadline, known as the statute of limitations where you have to settle your claim or start a lawsuit. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you might be required to file a vehicle accident lawsuit in the court. It's costly and time-consuming, but it is often necessary to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where each side exchanges information with one another). Your lawyer will also file legal documents, referred to as motions asking the court for things like not allowing certain types of evidence in trial. Settlement negotiations can go on throughout the process, and most car accident civil disputes end before a trial is required to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your claim for injury is solid and you'll be willing to take the case to trial. In addition settlement is quicker and less risky than a trial.

Before settling an agreement, it's crucial to fully comprehend the extent of your injuries and completed all medical treatment. If you settle before your doctor has determined you have reached maximum medical improvement (MMI), you could not receive additional compensation. Also, you should not sign an agreement until you have talked to your lawyer and received an accurate understanding of your damages. Your lawyer will ensure that you do not get a poor deal on compensation. They will look over your medical records as well as other documents, to ensure that you receive all of the compensation you're entitled to.