20 Trailblazers Setting The Standard In Accident Compensation

The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount you require for your injuries, our determined attorneys will prepare a formal demand letter. This letter will detail all of your financial losses such as medical expenses, lost wages as and non-economic losses such as discomfort and pain.

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

1. Gathering Evidence

In a lawsuit that involves an accident in the car it is essential to prove negligence in obtaining compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports such as police reports, and other official reports.

Photographs of the scene of the accident can assist your attorney in determining what actually transpired in the crash, including the position of both cars following the impact, skid marks road debris and other physical evidence. Note down the names and contact details of any witnesses who saw what transpired. Having witnesses testify that corroborate your account of what transpired is vital especially as it can be common for drivers to give contradicting stories of what happened. This causes insurance companies to refuse to accept the claim or even denying the responsibility completely.

Other forms of evidence your lawyer could use include medical records, which can include receipts, bills diagnostic reports, lab results, discharge instructions and other documentation that demonstrate the extent of your injuries. You should get these records as quickly as you can, and also provide copies to your healthcare providers.

Another type of evidence your attorney might use is a deposition, which is an out-of-court testimonies given under oath and recorded by a court reporter. Your lawyer can use the testimony to establish the fact that your injuries had a direct and foreseeable connection to the accident and can be used to justify compensation for your damages. While the majority of the above types of evidence can be taken at the scene of the accident or shortly afterward, some of them may not be available until later in the litigation process. This is why it's vital to speak with a well-credentialed car accident lawyer as quickly as you can, so they can begin an investigation when the evidence is in its most pure form.

2. Making a complaint

Once the dust has settled and you've treated your injuries, it's the time to seek out legal counsel from an expert. A lawyer for car accidents can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with the court. The complaint will detail your specific claims and the amount of money you want to recover in damages. This type of document is typically drafted by an attorney and then filed in court. It is also delivered to the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and evidence related to their claims and defenses. The process can take a long time, and both teams will need to review a lot of documents, including police records and witness statements. They may also have to review medical documents and bills as well as other documents. Each side can request interrogatories. These are a set of questions which the other side has to answer under oath in the specified timeframe.

In this phase, your lawyer will also work closely with your doctor to get a full picture of your injuries as well as the impact that they've had on your life. Your lawyer will estimate the total damages. This will include past and upcoming medical expenses and lost wages, as well as the pain and suffering of others, and many more.

Sometimes, your lawyer may be able to negotiate an agreement with the at fault driver's insurance company. This is likely to take place after the completion of discovery, but before trial. However, if the insurance company refuses to negotiate a fair settlement or if you've 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 step in any car accident case. This is where your attorney and accident the negligent insurer for the driver share information that could either support or derail your claim. Your attorney will request copies of the documents that support your case, including police reports, medical bills as well as work loss records (e.g. the records from your employer which reveals how much time you missed work because of the accident), photographs of your vehicle and any damages or injuries as well as other financial information. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to question witnesses and parties who are not present.

These tools for writing discovery are exchanged between attorneys from both sides. The tools for writing discovery give the opposing party a chance to respond to questions in writing, which must be sworn to under oath, and to provide copies of other information that may be useful to you.

Your Long Island car accident attorney will also question witnesses and anyone who has information about your injuries or damages that could be essential to your case. During a deposition 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.

The purpose of these pre-trial investigation procedures is to assist your lawyer to present an argument that is convincing and persuasive to the at-fault party and their insurer so that you are able to secure an equitable and fair settlement for your losses, injuries and expenses. While there is no guarantee that every case will settle but the majority settle at the end of or following the discovery process, which may be completed prior to the time your trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations, if you and the 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 an official process in which both parties present arguments and 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 be able to explain your story in opening statements to the jury, along with any supporting evidence you have, including pictures or videos of accident scene, testimony from bystanders and medical professionals, and documents like police reports and medical bills. You may also testify about your memory of the incident and how it impacted your life. Expert witnesses can also give testimony to support your claims. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's injuries was caused by the defendant's reckless behavior. They will examine the proximate causality, a nebulous legal concept that law school 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 determine the amount of damages you should receive. It is also a complicated issue due to the severity of your injuries as well as the amount to which you've suffered. Your attorney will present evidence, including expert testimony, about the severity of your injuries loss of income, future earnings potential, as also your pain and suffering as well as impairment.

5. Settlement

Each state sets a legal deadline, known as the statute of limitations by which you must settle your claim or start a lawsuit. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you may need to file a car accident lawsuit in court. This could be a lengthy process and expensive, but it is usually required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal procedure where each side exchanges information with one another). Your attorney will also make legal filings, also known as motions, requesting the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout this process. A majority of car accident civil disputes are settled before a trial is needed.

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

Before agreeing to the settlement, it's crucial to fully comprehend the severity of your injuries and completed all medical treatment. You could be denied additional compensation if you sign an offer of settlement until your doctor has concluded that you have reached the maximum medical improvement. It is also important not to sign a settlement agreement before you've spoken with your lawyer regarding your damages. Your lawyer will make sure that you don't lose out on valuable compensation. They will look over your medical records as well as other documents to ensure that you are entitled to all damages for which you qualify.