The No. One Question That Everyone In Accident Compensation Should Be Able Answer

The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount you need to cover your injuries, our tenacious attorneys will prepare a formal demand letter. The letter will list all of your economic damages such as medical expenses, lost wages, as and non-economic losses like discomfort and pain.

Then a jury or judge will take a call. If they decide in your favor, they will give you damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving an accident in a car, proving negligence is vital to receive compensation for your injuries. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports, such as police reports, and other official reports.

Your attorney may be able to determine what happened in the accident by taking photos of the scene, accidents which include skid marks and road debris as well as other physical evidence. Also, take note of the names and phone numbers of any eyewitnesses who witnessed what transpired. Witnesses who testify that confirm your account of events is important particularly since it can be common for drivers to have conflicting stories of what happened. This leads to insurance companies refusing to accept the claim or deny any responsibility at all.

Medical records can also be used by your lawyer in order to prove the severity of your injury. These records could include bills, receipts, lab results, diagnosis reports, discharge directions and other records. You should seek these documents as soon as is possible and ensure that you provide copies to your healthcare professionals.

Another type of evidence that your attorney may use is a deposition, which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. Your lawyer may use this evidence to prove your injuries had a clear, identifiable connection to the accident lawyers. This will help justify requesting compensation. While the majority of the above kinds of evidence can be taken at the scene of the accident or soon afterward but some of the evidence might not be accessible until later in the litigation process. This is why it's important to consult a highly-credentialed lawyer for car accidents as soon as you can, so they can begin an investigation as evidence is in its purest 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. An attorney for car accidents can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is filing a complaint with the court. The complaint will detail your specific claims as well as the amount you'd like to claim in damages. This type of document is typically drafted by an attorney, and filed in court. It will also be delivered to the defendant.

This also triggers the discovery phase that allows both sides to exchange information and evidence related to their claims and defenses. The process can be lengthy and requires both sides to go through a myriad of documents including police reports, witness statements, medical records, bills and more. Each side may request interrogatories. These are a series questions which the other side has to answer under oath within the specified timeframe.

Throughout this stage, your lawyer will also collaborate with doctors to ensure that they have a complete understanding of the severity of your injuries and the impact they've had on your daily life. Your lawyer will estimate the total damages. This will include any future medical expenses as well as lost wages, suffering and pain and suffering, and more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver who is at fault. This is more likely following discovery, but before trial. If the insurance company is unable to provide a fair settlement or if you have incurred significant losses that aren't covered by the insurance policy, your case may go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident case. This is the time when your attorney and the negligent insurer for the driver exchange information that can support or undermine your claim. Your attorney will ask for copies of documents to support your case. These documents include police reports as well as medical bills and work loss documents from your employer (showing how much time you missed due to the accident lawsuits), photos of your vehicle, any injuries or damages, and other financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to inquire into witnesses and other parties who are not present.

The written discovery tools are sent back and forth between attorneys from both sides. They provide the opposing party a chance to respond to questions in writing, which need to be answered under oath and to supply copies of certain documents or other information that could be useful to your case.

Your Long Island car accident lawyer will also depose people who are witnesses to the collision and also anyone with information on your injuries or damage that could be crucial to your case. In a deposition, the lawyer representing the party at fault will ask you various questions, and your responses will be recorded on video or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to allow your lawyer to present an argument that is persuasive and strong to the responsible party and their insurer, so that you can receive a full and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case but most do so after or during the investigation process, which is usually completed before the trial.

4. Trial

Although the majority of car accidents settle through negotiations outside of court however, if you and your insurance company are not in agreement about who is to blame or the amount you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder who renders a verdict that resolves the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial your lawyer will present your version of events in opening statements to the jury together with any evidence that you have, like pictures or videos of accident scene, witness testimony from bystanders and medical professionals, and documents such as medical bills and police reports. You may also testify about your memories of the incident and how it impacted your life. Expert witnesses can also testify to back your claims. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's harm 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 causes examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you are entitled to. This is another complicated issue due to how severe your injuries are and the extent of your losses. Your attorney will present your evidence that includes expert witness testimony on the severity of your injuries, your lost income, and future earnings potential and your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state has a specific deadline by which you can settle your claim, or even file a lawsuit. This is referred to as the statute of limitations. If your lawyer can't negotiate a settlement with the insurer, you might have to bring a lawsuit to court. It's costly and time-consuming. However, it is often necessary to seek compensation.

During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where both sides exchange information with the other). Your attorney will also file legal documents, known as motions, which ask the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing throughout the entire process, and many civil disputes arising from car accidents end before a trial is required to be held.

If they believe that your claim is legitimate and you are willing to go to trial the insurance company will offer an appropriate settlement offer. In addition settlement is quicker and less risky than a trial.

Before you agree to an agreement, it's important that you fully understand the severity of your injuries. You must also have completed all medical treatment. If you agree to a settlement before your doctor has determined you have reached the maximum medical improvement (MMI) then you could not be eligible for additional compensation. You should also not sign a release until you've met with your lawyer and received full understanding of your losses. Your lawyer will make sure that you don't lose the opportunity to receive a valuable amount of compensation. They will carefully review your medical records and other evidence to make sure that you get the full amount of damages for that you are eligible.