"Ask Me Anything " 10 Answers To Your Questions About Accident Compensation

The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter if an insurance company refuses to pay the amount you require for your injuries. It will detail all the economic losses you have suffered such as medical bills and lost wages, and non-economic damages, such as suffering and pain.

Then a jury or judge will decide. If they make a decision in your favor, you will be awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving an accident in a car, proving negligence is crucial to receive compensation for your injuries. The gathering of evidence is one of the first steps in the litigation process, and it requires gathering documents including photographs, witness statements as well as official reports, such as police reports.

Your attorney might be able to establish what happened in the accident by taking pictures of the scene, including skid marks, road debris and other physical evidence. Also, keep track of the names and contact numbers of any witnesses who were present at what happened. Witnesses who testify that confirm your account of events is important particularly since it can be common for drivers to have contradictory versions of what transpired, which leads to insurance companies refusing to accept the claim, or even deny any responsibility at all.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injuries. These records could include bills, receipts as well as lab results, diagnosis reports, discharge directions and other documentation. It is essential to get these records as quickly as possible and provide copies to your healthcare providers.

Another form of evidence your lawyer could employ is a deposition which is an out-of court testimony delivered under oath and recorded by a court reporter. The lawyer can make use of this testimony to prove your injuries had an immediate, obvious connection to the accident. This helps to justify seeking compensation. While most of the above-mentioned kinds of evidence can be taken at the scene of the accident or shortly thereafter, some of them may not be available until later in the litigation process. This is why it's important to contact a reputable car accident lawyer as quickly as possible, so that they can begin the investigation when the evidence is in its most pure form.

2. Filing a complaint

Once the dust has settled and you have tended to your injuries, it's the time to seek legal advice from a professional. A car accident lawyer can offer you the knowledge to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims that you have filed and how much money you're seeking in damages. The document is usually written by an attorney and filed in the court. It is also served on the defendant.

The discovery phase starts by allowing both parties to share information regarding their claims and defenses. The process can take a considerable duration and both teams will be required to examine a large number of documents like police reports and witness statements. They may also have to examine medical records as well as bills and other documents. Each side can request interrogatories, which are a set of questions which the other party must answer under oath by a predetermined deadline.

Throughout this stage the lawyer will collaborate with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they have affected your daily routine. Your attorney will calculate the total damages you have suffered, which will include the past and future medical costs, lost earnings, pain and suffering and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely to occur following discovery, but before trial. However, if the insurance company refuses to negotiate a fair settlement or if you've sustained significant damage that is not covered by the insurance policy, your case could go to trial. A judge or jury will make a final decision in the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. This is when your attorney and the negligent insurer of the driver exchange information that could help or derail your claim. Your attorney will seek copies of all documents that support your case. These include police reports medical bills, work loss documents from your employer (showing how much time you missed due to the accident) photographs of your vehicle damaged or injured and other financial details. Your attorney will also make use of written discovery tools like interrogatories request for production, interrogatories and request for admissions to question witnesses and other parties that are not in the case.

These tools for discovery in writing are distributed back and forth between the attorneys for both sides. The tools for writing discovery give the opposing side a chance to answer 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 lawyer will also take depositions of people who are witnesses to the collision, as well as anyone with information on your injuries or damages that could be important to your case. During a deposition the lawyer representing the party at fault will ask you questions and your answers will either be recorded on video by a court reporter or transcribing.

The pretrial investigation process is designed to assist your lawyer develop a convincing case against the person who is at fault and their insurance company in order to secure a fair settlement for all of your damages as well as losses, expenses and costs. Although there is no guarantee that all cases settle however, the majority of cases settle during or after the discovery process, which can often be completed prior to the time your case goes to trial.

4. Trial

Trials are possible when you and the insurance company disagree regarding the fault of the other party or the amount you should receive for your injuries. A trial is an official process where both parties present arguments and evidence before an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any supporting evidence like photos or videos of the scene of the accident as well as testimony from witnesses and medical professionals, or documents like police reports and bills. You may also testify on your personal memories of the incident, and how it impacted your life. Expert witnesses can also offer testimony to support your claims. The lawyer for the defendant can interrogate witnesses and object to the admissibility or validity of certain evidence.

In a trial, the jury will determine if the plaintiff's injuries were caused by the defendant's negligence. They will look at the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine how much damages you should receive. This is a complicated issue, as it depends on the severity of your injuries and the extent of your losses. Your attorney will provide evidence that includes expert testimony about the severity of injuries, lost income and future earnings potential, as also your suffering and impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations, in which you must settle your claim or start a lawsuit. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may need to file a car accident lawsuit in the court. It can be costly and time-consuming. However, it is often required to seek compensation.

During the discovery process your Long Island Accident Lawyer personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where each side exchanges information with one another). Your lawyer will also file legal documents referred to as motions that ask the court for certain things, such as not allowing certain types of evidence during trial. Settlement negotiations can go on throughout this process, and many car accident civil disputes end before a trial can be held.

Insurance companies are more likely to offer fair settlement offers if they believe your claim for injury is solid and that you will be willing to go to trial. Additionally, settlement is quicker and less risky for them than a trial.

Before agreeing to the settlement, it's important that you fully understand the extent of your injuries. You must also have completed all medical treatments. If you sign a settlement before your doctor has determined that you have reached maximum medical improvement (MMI) and you are not able to miss out on additional compensation. Don't sign a release until you have consulted with your lawyer about your damages. Your lawyer will ensure you don't lose out on the valuable compensation. They will carefully review your medical records as well as other documents to make sure that you get the full amount of damages to which you are eligible.