"Ask Me Anything": Ten Responses To Your Questions About Accident Compensation

The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter in the event that the insurance company refuses to pay the amount you need for your injuries. It will detail all the economic losses you have suffered like medical bills and lost wages, as well as other damages that are not economic, like suffering and pain.

Then, a judge or jury will decide. If they rule in your favor they will be able to award you damages, and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving liability and negligence is crucial to get compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports, like police reports, and other official reports.

Photographs of the scene of the accident could aid your lawyer in determining what happened during the collision, including the location of both cars following the collision, skid marks, road debris and other physical evidence. Also, keep track of the names and phone numbers of any witnesses who witnessed what happened. It is crucial that witnesses to verify the events that occurred, as it can often happen that drivers give contradictory accounts that lead to insurance companies denying or refusing liability.

Medical records can also be used by your lawyer to prove the severity of your injury. These records could include bills, receipts as well as lab results, diagnosis reports, discharge guidelines and other documentation. It is essential to get these records as quickly as you can and send copies to your healthcare providers.

Another type of evidence your attorney might make use of is a deposition which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. Your lawyer could use this testimony to establish your injuries were a clear, identifiable connection to the accident law firms. This can be used to justify the need for compensation. While the majority of the above types of evidence are obtained at the scene or soon afterward, some of them may not be available until later in the litigation process. This is why it's crucial to speak with a well-credentialed car accident lawyer as soon as possible so that they can begin an investigation as evidence is in its most pure form.

2. How to file a complaint

After the dust has settled and you've taken care of your injuries, it's time to seek out legal counsel from an expert. A car accident lawyer can give you the experience to maximize your compensation.

The first step is to file a complaint in the court, describing the specific claims that you're making and the amount you're seeking in damages. This type of document is typically drafted by an attorney and then filed in the court. It is also served to the defendant.

This also begins the discovery phase which allows both parties to exchange information and evidence that is related to their defenses and claims. The process can take a considerable time, and both teams will have to look over a variety of documents including police reports and witness statements. They might also have to review medical documents and bills as well as other documents. Each side may demand interrogatories. They are a series of questions which the other party must answer under oath, within a specific timeframe.

During this stage, you lawyer will also collaborate with doctors to get an accurate picture of your injuries as well as the impact they've had on your life. Your attorney will calculate the total damages you have suffered that include past and future medical expenses, accident lawyer lost earnings, suffering and pain, and more.

Sometimes, your lawyer could be able to reach a settlement with the at-fault driver's insurance company. This is more likely after discovery and prior to trial. If the insurance company does not agree to an acceptable settlement, or if your losses are important and accident lawyer not covered by insurance, you may have to go 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 attorney and the negligent driver's insurance company exchange information that may assist or derail your claim. Your attorney will request copies of documents to 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 law firms), photos of your vehicle and any damages or injuries, and other financial information. Your attorney will also use written discovery tools such as interrogatories or requests for production as well as requests for admissions in order to question witnesses and parties who are not part of the case.

The written discovery tools are exchanged back and forth between the attorneys for both sides. They give the opposing side the opportunity to answer questions in writing, which have to be answered under oath, and to supply copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident lawyer will also depose witnesses to the accident as well as anyone with information regarding your injuries or damages that could be pertinent to your case. During a deposition, the lawyer of the at-fault person will ask you questions and your answers will either be recorded on video by a court reporter or transcribed.

These pre-trial investigation procedures are designed to assist your lawyer build a compelling case against the at-fault person and their insurer in order to get an equitable settlement for all of your damages and losses, costs and expenses. While there is no guarantee that every case will settle however, the majority of cases settle in the course of or following the discovery process, which is often be completed prior to the time your case goes to trial.

4. Trial

The majority of car accidents are resolved through informal negotiations however, if you and your insurance company are not in agreement about who is to blame or the amount you should receive for your injuries, your case could go to trial. A trial is a formal process in which both parties present arguments and evidence before a factfinder who will make an decision on how to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will give your account of the events in opening statements to the jury and any supporting evidence you have, including photographs or videos of the accident scene, testimony from witnesses and medical professionals, as well as documents like medical bills and police reports. You can also testify regarding your memory of the incident, and how it impacted your life. Expert witnesses can also give evidence to support your claims. The lawyer of the defendant may cross-examine witnesses and challenge to the admissibility of certain evidence.

At trial, the jury must decide whether the plaintiff's injuries were caused by the defendant's negligence. They will consider proximate cause an intricate legal concept that lawyers have to spend many hours studying during law school. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. This is a thorny issue depending on the severity of your injuries and the extent of your losses. Your lawyer will present evidence which includes expert witness testimony on the severity of your injuries, the loss of income, as well as future earnings potential in addition to your pain and suffering disfigurement, impairment, and.

5. Settlement

Each state has a specific deadline by which you can settle your claim or bring an action. This is known as the statutes of limitations. If your lawyer can't reach a settlement with the insurer, you might have to make a court filing. It can be expensive and time-consuming, however it is often necessary to get compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where both sides exchange information with each other). Your lawyer will also file legal documents known as motions asking the court for certain things, such as excluding certain types of evidence in trial. Settlement negotiations can go on throughout the entire process, and a lot of civil disputes in car accidents settle before a trial has to be held.

If they feel that your injury claim is legitimate and you are willing to go to trial Insurance companies will offer an honest settlement offer. Additionally the settlement process is more efficient and less risky than a trial.

Before you agree to the settlement, it's important that you fully understand the severity of your injuries. You must also have completed all medical treatment. If you agree to a settlement before your doctor determines that you have reached the maximum medical improvement (MMI) then you could not be eligible for additional compensation. Also, you should not sign a release until you've met with your lawyer and received an accurate understanding of your losses. Your lawyer will make sure that you do not miss out on valuable compensation. They will carefully review your medical records and other evidence to ensure that you receive the total amount of damages for which you are eligible.