Why Nobody Cares About Accident Compensation

The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you need to cover your injuries, our determined lawyers will draft a formal demand letter. It will detail all your financial damages including medical expenses and lost wages, as well as non-economic damages, such as suffering and pain.

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

1. Gathering Evidence

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

Your attorney may be able to establish what happened in the incident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Take down the names and contact numbers of any witnesses who witnessed the events. It is essential that witnesses who can confirm the events that took place, as it can often be the case that drivers will give contradictory accounts that lead to insurance companies denying or refusing the responsibility.

Medical records can also be used by your lawyer to establish the severity of your injuries. They could include receipts, bills, lab results, diagnosis reports, discharge guidelines and other documents. It is important to obtain these records as soon as you can and ensure that you give copies to your medical professionals.

Depositions are another form of evidence that your attorney might make use of. It is an out-of court statement made under oath, and then translated by a court reporter. Your lawyer can make use of the testimony to prove that your injuries had a direct and foreseeable connection to the accident which can help justify compensation for your damages. While most of the above-mentioned types of evidence can be collected at the scene of the accident or soon afterward but some of the evidence might not be available until later in the litigation process. It's important to contact an attorney in the case of a car crash with the appropriate credentials immediately to begin an investigation while the evidence is still in its most pure form.

2. The process of filing a complaint

Once the dust has sunk and you've treated your injuries, it's the time to seek professional legal advice. An attorney who has handled 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 filing a complaint with the court. This document will outline your specific claims as well as the amount you wish to recover in damages. This document is typically drafted by your lawyer and filed with the court and served to the defendant.

This also begins the discovery phase, which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can take a considerable time, and both teams will have to look over a variety of documents like police reports and witness statements. They might also need to review medical documents as well as bills and other documents. Each side can request interrogatories. These are a series of questions which the other side must answer under oath within an agreed upon timeframe.

In this stage the lawyer will work with doctors to ensure 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 estimate the total damages you have suffered, which will include the past and future medical costs as well as lost earnings, pain and suffering, and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver at the fault. This is more likely to occur after discovery and prior to trial. If the insurance company refuses a fair settlement or if your losses are significant and not covered by insurance, then you could be required to go to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit where your lawyer and the negligent driver's insurance company exchange information that may help or hurt your claim. Your attorney will request copies of the documents to prove your case. These include police reports as well as medical bills and work loss documents from your employer (showing the length of time you've missed because of the accident), photos of your vehicle, any injuries or damages and other financial details. Your lawyer will also make use of written discovery tools, such as interrogatories request for production, interrogatories and requests for admissions to interview witnesses and other parties who are not present in the case.

These tools for discovery are shared between attorneys on both sides. They give the opposing party the chance to respond to questions in writing, which need to be answered under oath and to provide copies of certain documents or other information that could be helpful to your case.

Your Long Island car accident attorney will also question witnesses and any other person with information about your injuries or damages which could be vital to your case. During a deposition, the attorney representing the at-fault party will ask you an array of questions and your responses will be recorded on video or transcribed by a court reporter.

These pretrial investigation processes are designed to help your lawyer create a compelling argument against the person at fault and their insurer to obtain a fair settlement for all your losses, injuries as well as losses, expenses and costs. There is no guarantee of a settlement in every case however the majority of them do so during or after the investigation process, which usually concluded prior to the trial.

4. Trial

While the vast majority of car accident cases are settled through informal negotiations however, if you and your insurance company disagree about fault or how much compensation you are entitled to for your injuries, your case may go to trial. A trial is an official process where both parties argue and present evidence to the factfinder, who makes a decision to resolve the dispute. In personal injury cases the factfinder is usually a jury.

During the trial your lawyer will explain your story in your opening statements to the jury, along with any supporting evidence that you have, like photos or video of the accident scene, testimony from witnesses and medical professionals, and documents such as medical bills and police reports. You may also offer your testimony about your memories of the incident and how it has affected your life. Expert witnesses can also testify to back your claims. The lawyer for the defendant can cross-examine witnesses and object to the admissibility of evidence.

The jury will decide during trial whether the plaintiff's injury was caused by the defendant's negligent conduct. They will consider proximate cause which is a tangled legal concept that lawyers spend many hours studying in law school. Proximate causes analyzes the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury is also required to decide how much compensation you will be awarded. It is also a complicated issue due to the extent of your injuries and the degree to which you've suffered. Your attorney will provide evidence which includes expert testimony regarding the severity of injuries loss of income, future earning potential, in addition to your pain and suffering as well as impairment.

5. Settlement

Every state has a deadline by which you can resolve your claim or 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, then you might have to file 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 procedure that is formal in which each side exchanges information with each other). Your lawyer will also file legal documents referred to as motions asking the court for certain things, such as the exclusion of certain types of evidence at trial. Settlement negotiations can be ongoing throughout this process, and most civil disputes arising from car accidents end before a trial needs to be held.

If they believe that your injury claim is solid and that you are willing to go to trial the insurance company will offer an acceptable settlement offer. Additionally the settlement process is quicker and less risky than a trial.

Before agreeing to an agreement, it is important that you fully understand the extent of your injuries and have completed all medical treatment. If you sign a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI) and you are not able to not receive additional compensation. You should also not sign a contract before you've spoken with your lawyer about your damages. Your lawyer will ensure that you don't lose out on the valuable compensation. They will look over your medical records, as well as other documents to ensure that you receive all the compensation you're entitled to.