Many Of The Most Exciting Things Happening With Accident Compensation

The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal letter of demand if the insurance company refuses to pay the amount you need to cover your injuries. This will outline all your financial losses such as medical bills and lost wages, as well as non-economic damages, such as pain and suffering.

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

1. Gathering Evidence

In a lawsuit that involves an automobile accident, proving negligence is vital to obtaining compensation for your injuries. Gathering evidence is one of the first steps of the process of litigation, and it involves gathering evidence, documents witnesses' testimony, photographs as well as official reports like police reports.

Photographs of the scene of the accident can aid your lawyer in determining what happened during the crash, including the position of both cars following the impact, skid marks, road debris and other physical evidence. Record the names and phone numbers of any eyewitnesses that witnessed what transpired. Witnesses who testify that confirm your account of what happened is crucial especially as it can be common for drivers to have contradictory accounts of what happened that can lead to insurance companies refusing to accept the claim or even denying any responsibility at all.

Medical records can also be utilized by your lawyer in order to prove the severity of your injuries. They could include bills, receipts laboratory results, diagnosis reports, discharge instructions, and other records. You should obtain these records as quickly as possible and provide copies to your medical professionals.

A deposition is another form of evidence that your attorney can use. It's an out-of court statement made under oath, and then recorded by a Court Reporter. Your lawyer could make use of the testimony to prove the fact that your injuries had an immediate and clear connection to the crash and can be used to justify the compensation you deserve for your damages. Most of the evidence discussed above can be obtained at the scene of the accident or soon after however some evidence may not be available until later in the litigation. It's important to contact an attorney for car accidents with the appropriate credentials as soon as you can to begin an investigation while the evidence is in its purest form.

2. Making a Complaint

When the dust has cleared and you have tended to your injuries, it's the time to seek professional legal advice. A car accident attorney will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is filing a complaint with the court. This will outline your specific claims as well as the amount of money you want to recover in damages. This form is usually prepared by an attorney, and filed in the court. It is also served to the defendant.

This also triggers the discovery phase, which allows both sides to exchange information and documents related to their claims and defenses. The process can take a long 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 look at medical records, bills, and other documents. Each side can request interrogatories. These are a set of questions which the other side has to answer under oath within the timeframe specified.

Throughout this process, your lawyer will also collaborate with medical professionals to ensure they have a complete picture of the severity of your injuries as well as the impact they have had on your daily life. Your lawyer will calculate your 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 negotiate a settlement with the insurance company of the driver who is at fault. This is more likely after discovery and before the trial. If the insurance company is unwilling to offer an acceptable settlement, or if the damages are significant and not covered by insurance, then you could have to go to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial step in any car accident case. This is the time when your attorney and the negligent insurer for the driver exchange information that could help or hurt 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 the amount of time you've missed due to the accident) photos of your vehicle damaged or injured and other financial details. Your attorney can also make use of written discovery tools, such as interrogatories and requests for production to question parties and witnesses who are not present.

These tools for writing discovery are exchanged between attorneys from both sides. They give the opposing side an opportunity to reply to questions in writing, which must be sworn to under oath, and to supply copies of certain documents and other information which could be beneficial to your case.

Your Long Island car accident attorney will also depose witnesses as well as any other person with information about your injuries or damages which could be important to your case. During a deposition, the lawyer representing the party at fault will ask you a series of questions, and your answers will be recorded on video or transcribed by a court reporter.

These pretrial investigation procedures are designed to help your lawyer create a compelling argument against the person at fault and their insurance company in order to obtain an equitable settlement for all your injuries, expenses and losses. While there is no guarantee that all cases will settle however, the majority settles during or after the discovery process, which can often be completed prior to the time your case is brought to trial.

4. Trial

Trials are a possibility in situations where you and the insurance company disagree on the source of your fault or the amount of compensation you should receive for your injuries. A trial is a formal proceeding where both parties present arguments and evidence before the factfinder, who makes a decision to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it including photos or videos of the accident scene, testimony from witnesses and medical professionals, as well as documents such police reports and bills. You can also testify regarding your memories of the incident and how it impacted your life. Expert witnesses are also able to testify in support of your claims. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of specific evidence.

The jury will decide in the trial whether the plaintiff's injuries was the result of the defendant's negligent behavior. They will be looking at the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate cause looks at the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you will be awarded. It is also a complicated issue due to the degree of your injuries and the extent to which you've suffered. Your lawyer will present evidence, including expert testimony, regarding the severity of injuries loss of income, future earnings potential, as also your suffering and impairment.

5. Settlement

Each state has a deadline to settle your claim, or even file an action. This is referred to as the statutes of limitations. If your lawyer is not able to reach a settlement with the insurer, you may have to bring a lawsuit to court. It can be lengthy and costly, however it is usually necessary to pursue compensation.

During this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents referred to as motions to request the court for things like the exclusion of certain kinds of evidence at trial. Settlement negotiations can go on throughout this process, and many civil disputes arising out of car accidents will end before a trial is required to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is legitimate and you'll be willing to go to trial. In addition, settlement is quicker and less risky for them than a trial.

Before settling on the settlement, it's important that you fully understand the severity of your injuries and that you have completed all medical treatment. You could be denied additional compensation if you agree to a settlement until your doctor has determined that you have attained the maximum medical improvement. You should also not sign a release before you have spoken with your lawyer about the damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will look over your medical records, and other documents to ensure that you receive all damages that you are entitled to.