7 Small Changes That Will Make The Biggest Difference In Your Accident Compensation

The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount of money you need for your injuries, our persistent lawyers will draft a formal demand letter. This will include all of your economic damages, such as medical bills and lost wages, and non-economic damages, like pain and suffering.

Then, a judge or jury will take a call. If they decide 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 the most important aspect to obtain compensation for your injuries and losses. Collecting evidence is one the initial steps in the process of litigation, and it involves gathering documents, photographs, witness testimony and official reports, such as police reports.

Photographs of the scene of the accident may assist your attorney in determining what actually transpired in the accident, including the position of both vehicles after impact, skid marks, road debris and other physical evidence. Note down the names and phone numbers of any eyewitnesses that witnessed the incident. It is important to have witnesses confirm the events were actually happening, as it may often happen that drivers provide contradictory accounts that lead to insurance companies refusing or denial of the liability.

Other evidence that your lawyer could use include medical records. These could include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, Accident Lawsuit and other evidence that demonstrates the extent of your injuries. You should obtain these documents as soon as is possible and give copies to your medical professionals.

Another form of evidence your attorney might make use of is a deposition which is out-of-court testimony given under oath and transcribed by a court reporter. The lawyer can use the testimony to establish that your injuries have an immediate and predicable connection to the crash and, therefore, can justify the need for the compensation you deserve for your damages. The majority of the evidence mentioned above is available at the scene of the accident or shortly afterwards, but some may not be available until much later in the litigation. This is why it's important to speak with a well-credentialed car accident lawyer as soon as possible so that they can begin the investigation as evidence is in its most pure form.

2. Making a complaint

After the dust has cleared and you've taken care of your injuries, you need to seek legal guidance from an expert. A lawyer from a car accident can give you the experience to maximize your compensation.

The first step is to file an application with the court. The complaint will detail your specific claims as well as the amount of money you'd like to recover in damages. This document is usually drafted by an attorney and then filed in court. It is also delivered to the defendant.

The discovery phase starts with both parties able to exchange information regarding their claims and defenses. The process can take a long time and requires both teams to review many documents, including police reports, witness statements medical records, bills and much more. Both sides can request interrogatories. These are a series of questions which the other side must answer under oath within the specified timeframe.

During this stage, you lawyer will also work closely with doctors to get an accurate picture of your injuries and the impact they've caused on your life. Your lawyer will estimate the total damages. This will include past and upcoming medical expenses and lost wages, as well as suffering and pain, and much more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver who is at fault. This is most likely to occur following the conclusion of discovery and before trial. If the insurance company refuses to offer a fair settlement or if you've incurred significant losses that aren't covered by the insurance policy, the case may move forward to trial. A judge or jury will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. This is when your attorney and the negligent insurance company of the driver exchange information that could help or undermine your claim. Your attorney will request copies of the documents that support your case, including medical bills, police reports or work-related loss records (e.g. the records from your employer indicating how much time you missed work due to the accident) photos of your car and any injuries or damage and other financial information. Your attorney will also use written discovery tools, such as interrogatories or requests for production as well as requests for admissions to question witnesses and parties who are not present in the case.

These tools for discovery in writing are circulated back and forth between the attorneys on both sides. They provide the opposing party the opportunity to answer questions in writing, which must be sworn to in oath and to supply copies of certain documents or other information which could be beneficial to your case.

Your Long Island car accident attorney will also question witnesses and anyone who has information regarding the damages or injuries you sustained that could be important to your case. During a deposition, the lawyer for the person who is at fault will ask you a series of questions, and your responses will be recorded on video or transcribing by a court reporter.

The goal of these pretrial investigation processes is to enable your lawyer to build a strong and compelling case to the at-fault party and their insurer, so that you can secure an equitable and fair settlement for your losses, injuries and expenses. Although there is no assurance that all cases will settle however, the majority settles at the end of or following the discovery process, which can be completed before the case goes to trial.

4. Trial

Although the majority of car accident cases are resolved through informal negotiations however, if you and your insurance company do not agree on who is at fault or the amount you should receive for your injuries, your case may be heard in a trial. A trial is a formal process in which both sides are required to argue their case and provide evidence before a factfinder who will make a decision to resolve the dispute. In personal injury cases the factfinder is typically a jury.

During the trial, your lawyer will present your version of events in your opening statements to the jury, and any supporting evidence you have, such as images or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You can also offer testimony regarding your memory of the incident and how it had an impact on your life. Expert witnesses can also offer evidence to back up your claims. The defendant's attorney can cross-examine witnesses and object to the admissibility of specific 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 the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you are entitled to. It is also a complicated matter because it is based on the severity of your injuries as well as the extent to which you have suffered. Your lawyer will present your evidence which includes expert testimony from a witness regarding the severity of your injuries, your lost income and future earnings potential as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Every state has a time limit within which you can resolve your claim or file an action. This is referred to as the statute of limitations. If your lawyer cannot reach a settlement with the insurer, you could be required to file a lawsuit in court. This can be time consuming and costly, however it is often required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where both sides exchange information with the other). Your lawyer will also file legal documents known as motions to request the court to consider excluding certain types of evidence in trial. Settlement negotiations may continue throughout this process. A lot of car accident civil disputes are resolved before a trial is needed.

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

It is essential to fully understand the extent of your injuries prior to agreeing to the settlement. You must have completed all medical treatments. If you accept a settlement prior to your doctor determining that you have reached the maximum medical improvement (MMI) and you are not able to miss out on additional compensation. You should also not sign the release until you've met with your lawyer and received an understanding of all damages. Your lawyer will ensure you do not be denied compensation that is valuable. They will carefully examine your medical records and other documents to ensure that you receive the entire amount of damages for which you are eligible.