10 Top Mobile Apps For Accident Compensation

The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you require for your injuries, our tenacious attorneys will prepare an official demand letter. The letter will outline all of your economic damages like medical expenses and lost wages, as in addition to non-economic damages such as pain and discomfort.

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

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is the most important aspect to obtain compensation for your injuries and losses. The gathering of evidence is one of the first steps in the process of litigation, and it involves gathering evidence, documents such as photographs, witness testimony, and official reports like police reports.

Photographs of the scene of the accident could help your attorney establish what actually transpired in the crash, including the position of both vehicles after collision, skid marks, road debris and other physical evidence. Also, keep track of the names and contact details of any eyewitnesses who witnessed what occurred. It is crucial that witnesses who can confirm the events that were actually happening, as it may often happen that drivers give contradictory accounts that lead to insurance companies refusing or denial of the responsibility.

Other evidence forms your lawyer might use include medical records. These could include receipts, bills, Accident Lawyer diagnosis reports, lab results, discharge instructions, and other evidence that demonstrates the extent of your injuries. You should obtain these records as soon as you can, and also provide copies to your medical professionals.

Another type of evidence that your attorney may make use of is a deposition which is an out-of-court testimonies given under oath and transcribed by a court reporter. The lawyer can use the testimony to establish that your injuries have a direct and foreseeable connection to the accident and, therefore, can justify the need for compensation for your losses. Most of the evidence discussed above can be collected at the site of the accident or soon after however some evidence may not be available until later in the legal 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 investigating as evidence is in its purest form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, you need to seek legal advice from an experienced. A car accident lawyer can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with court, which lists the specific claims you have filed and the amount you are seeking in damages. The document is usually written by your attorney, and then filed with the court and served to the defendant.

The discovery phase starts and allows both parties to share information about their defenses and claims. The process can take a long time and both teams may be required to examine a large number of documents like police reports and witness statements. They might also have to look at medical documents or bills, as well as other documents. Each side is able to request interrogatories. These are a set of questions which the other side has to answer under oath in an agreed upon timeframe.

In this phase, your lawyer will also collaborate with your doctor to get a full picture of your injuries and the impact they've caused on your life. Your lawyer will determine your total damages. This will include past and upcoming medical expenses and lost wages, as well as the pain and suffering of others, and many more.

Sometimes, your lawyer could be able to negotiate an agreement with the at fault driver's insurance company. This is most likely to occur after the completion of the discovery process and prior to trial. If the insurance company is unwilling to offer a fair settlement or if your damages are substantial and not covered by insurance, you may have to go to trial. A judge or jury will make a decision in the case based on all the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit in which your attorney and the insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents supporting your case, such as medical bills, police reports as well as work loss records (e.g. documents from your employer that outlines the amount of time you were absent from work because of the accident) photographs of your vehicle as well as any damages or injuries or other pertinent financial information. Your attorney may also use documents for discovery in writing, such as interrogatories and requests for production to question witnesses and parties who are not present.

These tools for discovery in writing are circulated back and forth between the attorneys for both sides. The written discovery tools provide the opposing side an opportunity to respond to questions in writing, which must be sworn to under oath, and to provide copies or other information that might be helpful to you.

Your Long Island car accident law firms lawyer will also take depositions of witnesses to the accident and anyone with information regarding your injuries or damage that could be crucial to your case. During a deposition, your lawyer representing the at-fault party will ask you questions and your answers are recorded on video by an official court reporter or recorded.

The purpose of these pre-trial investigation procedures is to enable your lawyer to create an argument that is persuasive and strong to the at-fault party and their insurance company so that you can secure a full and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case however, the majority of them do so after or during the investigation process, which is often concluded prior to the trial.

4. Trial

Trials are possible in cases when you and the insurance provider disagree regarding the fault of the other party or the amount of compensation you should be awarded for your injuries. A trial is a formal process in which both sides present arguments and evidence before the factfinder, who makes an decision on how to resolve the dispute. In personal injury cases the factfinder usually a jury.

During the trial, your lawyer will present your version of events in opening statements to the jury, together with any evidence you have, such as images or videos of the accident scene, testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You can also provide testimony about your memories of the incident and how it has impacted your life. Expert witnesses are also able to testify in support of your assertions. The lawyer for the defendant can cross-examine witnesses and challenge to admissibility of some evidence.

The jury will decide at trial whether the plaintiff's harm was caused by the defendant's negligent conduct. They will examine the proximate cause, a complicated legal concept that law students will spend hours studying. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. It's a difficult issue because it is contingent on the severity of your injuries as well as the amount to which you've suffered. Your attorney will present your evidence including expert testimony from a witness regarding the severity of your injuries, the loss of income and future earnings potential in addition to your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Every state has a deadline to settle your claim or bring a lawsuit. This is referred to as the statutes of limitations. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you might have to file a car accident lawsuit in court. It's costly and time-consuming, however it is usually required to obtain compensation.

During the discovery process, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal procedure where both sides exchange information with each other). Your lawyer will also submit legal documents, referred to as motions, requesting the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can continue throughout this process. A lot of civil disputes are settled before a trial is necessary.

Insurance companies are more likely to make fair settlement offers if they believe that your claim for injury is solid and that you'll be willing to go to trial. Settlements are more efficient and less risky than an in-court trial.

It is essential to be aware of your injuries prior to committing to an agreement. You should also have completed all medical treatments. If you accept a settlement before your doctor has determined you have reached maximum medical improvement (MMI), you could be denied additional compensation. You should also not sign an agreement until you have spoken with your lawyer and gained an accurate understanding of your losses. Your lawyer will make sure that you do not get a poor deal on compensation. They will carefully review your medical records as well as other documents to make sure that you receive the total amount of damages to which you are eligible.