The 10 Most Scariest Things About Accident Compensation

The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you need for your injuries, our tenacious attorneys will prepare a formal demand letter. The letter will list all of your economic losses such as medical expenses, lost wages as well as non-economic damages such as discomfort and pain.

A judge or jury will then take a call. If they decide in your favor they will be able to award you damages, and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving negligence is crucial to receiving compensation for your injuries. Gathering evidence is one of the first steps of the process of litigation, and it involves collecting documents, photographs, witness testimony and official reports such as police reports.

Your attorney may be able to determine the circumstances of the accident by taking photos of the scene, which include skid marks, road debris and other physical evidence. Take down the names and accidents contact numbers of any witnesses who were present to witness what transpired. Witnesses that testify to support your account of what happened is crucial, especially since it can be common for drivers to give contradicting stories of what happened. This leads to insurance companies refusing to accept the claim or deny the responsibility completely.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injuries. These documents may include receipts, bills, lab results, diagnosis reports, discharge guidelines and other forms of documentation. You should get these records as soon as you can, and also provide copies to your healthcare providers.

Another type of evidence your attorney might utilize is a deposition, which is an out-of court testimony delivered under oath and transcribed by a court reporter. The lawyer can use the testimony to establish that your injuries had an immediate and obvious connection to the crash and, therefore, can justify the need for the compensation you deserve for your damages. While most of the above-mentioned types of evidence can be gathered at the accident scene or shortly thereafter however, some evidence may not be available until later in the litigation process. This is why it's crucial to consult a highly-credentialed lawyer for car accidents as soon as you can, so they can begin investigating as evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you've treated your injuries, it's the time to seek expert legal advice. An attorney for car accidents will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint in the court, describing the specific claims that you're bringing and the amount you are seeking in damages. This document is typically drafted by your lawyer and filed with the court and then served on the defendant.

The discovery phase begins and allows both parties to exchange information regarding their claims and defenses. The process can be long and requires both sides to go through a myriad of documents including police reports and witness statements, medical records, bills and more. Each side can require interrogatories. These are a series of questions that each party must answer under oath, within a specific timeframe.

In this phase, your lawyer will also work closely with doctors to get the full picture of your injuries and the impact they've caused on your life. Your attorney will calculate the total damages you have suffered including past and future medical expenses as well as lost earnings, suffering and pain and much more.

Your lawyer could be able to reach a settlement deal with the insurance company of the driver who is at fault. It is likely to be the case following the completion of the discovery process and prior to trial. If the insurance company doesn't agree to an equitable settlement, or if the damages are significant and not covered by insurance, then you could have to go to trial. A judge or jury will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident, where your attorney and the insurance company exchange information that could help or hurt your claim. Your attorney will ask for copies of documents that support your case. These include police reports medical bills, work loss records from your employer (showing the length of time you've missed due to the accident) photographs of your vehicle damaged or injured and other financial details. Your attorney may also employ written discovery tools like interrogatories and requests for production, as well as requests for admissions in order to question witnesses and other parties who are not present in the case.

These tools for writing discovery are used to exchange information between attorneys on both sides. They provide the opposing party an opportunity to reply to questions in writing, which have to be sworn to in oath and to provide copies of certain documents or other information that could be useful to your case.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the collision and also anyone with information on your injuries or damage that could be crucial 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.

The purpose of these pretrial investigation processes is to assist your lawyer to build an effective and convincing argument against the at-fault party as well as their insurer in order that you can secure a fair and complete settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case, but most do so after or during the investigation process, which usually completed prior to the trial.

4. Trial

The majority of car accidents are resolved through informal negotiations, if you and the insurance company do not agree on who is at fault or the amount you should receive for your injuries, your case could go to trial. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder who makes a ruling that settles the issue. In personal injury cases, the factfinder is usually a jury.

During the trial, your lawyer will give your account of the events in your opening statements to the jury, together with any evidence you have, including pictures or videos of accident scene, testimony from people who witnessed the accident law firms and medical professionals, as well as documents such as police reports and medical bills. You can also provide testimony regarding your memories of the incident and how it had an impact on your life. Expert witnesses can also offer testimony to support your assertions. The attorney for the defendant can cross-examine witnesses and object to the admissibility of certain evidence.

The jury will decide in the trial if the plaintiff's injury was the result of the defendant's negligence. They will look at proximate cause an intricate legal concept that lawyers have to spend many hours studying during law school. Proximate causes considers how close the connection is 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 complicated issue due to how severe your injuries are and the extent of your losses. Your attorney will provide evidence which includes expert testimony about the severity of your injuries as well as lost income and future earning potential, as well your suffering and impairment.

5. Settlement

Every state has a deadline within which you can settle your claim or file a lawsuit. This is referred to as the statutes of limitations. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you could require filing a car accident lawsuit in the court. It can be costly and time-consuming, but it is usually required to obtain compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and attend hearings. Your lawyer will also file legal documents referred to as motions that ask the court to consider excluding certain types of evidence during trial. Settlement negotiations may continue throughout the entire process, and many civil disputes arising from car accidents end before a trial can be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is strong and that you'll be willing to take the case to trial. Settlements are more efficient and less risky than a court trial.

It is essential to be aware of your injuries before you agree to the settlement. It is also important to have completed all medical treatments. If you accept a settlement before your doctor determines that you have reached your maximum medical improvement (MMI) and you are not able to miss out on additional compensation. You should also not sign a settlement agreement before you have spoken to your lawyer regarding your damages. Your lawyer will ensure that you don't lose out on valuable compensation. They will review your medical records, and other documentation, to ensure that you receive all the damages you are entitled to.