The History Of Accident Compensation

The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if the insurance company refuses to pay the amount you need for your injuries. This letter will detail all of your economic losses such as medical expenses and lost wages as and non-economic losses such as pain and discomfort.

A judge or jury will then come to a decision. If they decide in your favor they will make you a victim and the defendant has to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is key to obtaining compensation for your losses and injuries. The gathering of evidence is one of the first steps of the litigation process, and it involves collecting documents, photographs, witness testimony as well as official reports like police reports.

Your lawyer may be able to determine the circumstances of the incident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Also, note the names and contact information of any witnesses who witnessed what happened. Witnesses who testify to corroborate your account of what happened is crucial particularly since it can be common for drivers to give contradicting stories of what happened. This can lead to insurance companies refusing to accept the claim or even denying the responsibility completely.

Medical records can also be utilized by your lawyer in order to prove the severity of your injuries. These documents could include bills, receipts as well as lab results, diagnosis reports, discharge instructions, and other documents. It is essential to get these records as quickly as you can, and also provide copies to your medical professionals.

Depositions are another form of evidence your lawyer could employ. It is an out-of the court testimony that is under oath, and then transcribing by a Court Reporter. The lawyer can make use of the testimony to prove that your injuries have a direct and foreseeable connection to the crash and, therefore, can justify the need for compensation for your losses. While the majority of these types of evidence can be taken at the scene of the accident or shortly thereafter but some of the evidence might not be accessible until later in the litigation process. It is essential to contact an attorney for car accidents with the appropriate credentials immediately to begin an inquiry while the evidence is still in its most natural form.

2. How to file a complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal advice from an expert. An attorney for car accidents can provide the expertise needed to ensure that you receive maximum compensation for your claim.

The first step is filing an application with the court. It will describe your specific claims and the amount you'd like to claim in damages. This type of document is typically drafted by an attorney and then filed in the court. It will also be served on the defendant.

This also triggers the discovery phase which allows both sides to exchange information and evidence that is related to their defenses and claims. The process can be long and requires both sides to examine a variety of documents, including police reports, witness statements and medical records, as well as bills and more. Both sides can request interrogatories. These are a series questions which the other side must answer under oath in the specified timeframe.

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

Your lawyer may be able negotiate a settlement with the insurance company of the driver who is at fault. This is more likely to occur following discovery, but before trial. However, if the insurance company is unable to negotiate a fair settlement or if you have incurred significant damages that are not covered by the insurance policy, your case may move forward to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will seek copies of all documents that support your case. This includes police reports medical bills, as well as work loss documents from your employer (showing how much time you were absent due to the accident) photos of your vehicle damaged or injured and other financial details. Your attorney may also employ written discovery tools like interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties that are not in the case.

These written discovery tools are sent back and forth between attorneys for both sides. The tools for writing discovery give the opposing side a chance to answer questions in writing that need to be answered under oath. It also allows you to provide copies or other information that might be useful to you.

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

These pre-trial investigation procedures are designed to assist your lawyer construct a compelling case against the at-fault person and their insurance company in order to obtain a fair settlement for all of your injuries or losses, as well as expenses. Although there is no assurance that all cases will settle however, the majority of cases settle at the end of or following the discovery process, which may be completed before the case is brought to trial.

4. Trial

Although the majority of car accidents are resolved through informal negotiations however, if you and your insurance company aren't in agreement on the cause or the amount of compensation you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal proceeding where both parties argue and present evidence to the factfinder, who makes a decision on how to settle the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will be able to present your version of events in your opening statements to the jury, as well as any other evidence that you have, accident lawsuit like pictures or videos of accident scene, witness testimony from bystanders 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 has impacted your life. Expert witnesses can also give testimony to support your assertions. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of specific evidence.

The jury will determine at trial if the plaintiff's injury was caused by the defendant's reckless behavior. They will be looking at the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also decide the amount of damages you are entitled to. This is a more complicated matter because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will present evidence which includes expert testimony about the severity of your injuries that resulted in loss of income and earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations in which you must settle your claim or file a lawsuit. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you might have to file a car accident lawsuit in the court. It's costly and time-consuming, but it is often necessary to get compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents referred to as motions that ask the court for certain things, such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can go on throughout the process, and a lot of civil disputes in car accidents settle before a trial needs to be held.

If they believe that your claim is solid and that you are willing to go to trial Insurance companies will offer an honest settlement offer. Settlements are more efficient and less risky than an in-court trial.

Before settling an agreement, it's important that you fully understand the extent of your injuries and have completed all medical treatments. If you settle before your doctor has determined that you have reached your maximum medical improvement (MMI) then you could not be eligible for additional compensation. You should also not sign the release until you've spoken with your lawyer and had a complete understanding of your damages. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records as well as other documents to make sure that you receive the total amount of damages for which you are eligible.