Accident Compensation: The Good, The Bad, And The Ugly

The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter if the insurance company refuses to pay you the amount you're entitled to for your injuries. It will detail all your economic damages including medical expenses and lost wages, as well as non-economic damages like pain and suffering.

A judge or jury will then make a ruling. If they decide in your favor you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is crucial to get compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports, including police reports and other official reports.

Photographs of the scene of the accident may help your attorney establish what actually transpired during the crash, including the position of both cars following the impact, skid marks, road debris and other evidence that is physical. Also, accident lawsuit note the names and phone numbers of any eyewitnesses who witnessed what happened. Having witnesses testify that corroborate your version of events is important particularly since it can be common for drivers to give contradicting accounts of what happened that leads to insurance companies refusing to accept the claim or even denying responsibility altogether.

Other evidence that your lawyer could use include medical records, which could include bills, receipts diagnose reports, lab results, discharge guidelines, and other documentation that demonstrate the extent of your injuries. It is important to obtain these documents as soon as is possible and ensure that you give copies to your healthcare professionals.

A deposition is yet another type of evidence your lawyer may use. It is a non-in court testimony given under oath and later recorded by a Court Reporter. The lawyer can make use of the testimony to prove the fact that your injuries had an immediate and clear connection to the crash, which helps justify requesting compensation for your injuries. Although the majority of the above types of evidence can be collected at the scene of the accident or soon afterward but some of the evidence might not be accessible until later in the litigation process. It's important to contact a car accident lawsuits lawyer with the right credentials as soon as you can so they can begin an investigation when the evidence is in its most pure form.

2. Making a complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal advice from an expert. A lawyer who has handled car accidents can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with court, which details the specific claims you're bringing and the amount of money you are seeking in damages. This type of document is typically drafted by an attorney and filed in the court. It is also given to the defendant.

This also initiates the discovery phase, which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can be very long and requires both teams to review many documents, including police reports, witness statements, medical records, bills and more. Each side can ask for interrogatories, which are a set of questions that the other party must answer under oath, within a specific timeframe.

During this stage, you lawyer will also work closely with medical professionals to obtain an accurate picture of your injuries as well as the impact they've had on your life. Your lawyer will then estimate the total damages you have suffered that include future and past medical expenses loss of earnings, suffering and pain and much more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver at the fault. It is likely to occur after the completion of discovery and before trial. However, if the insurance company refuses to offer a fair settlement or if you've suffered significant losses that aren't covered by the insurance policy, the case may go to trial. A jury or judge will make a decision on the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. This is where your attorney and negligent insurance company of the driver exchange information that can support or undermine your claim. Your attorney will request copies of the documents supporting your case, including police reports, medical bills as well as work loss records (e.g. documents from your employer which reveals how long you missed work due to the accident) photographs of your vehicle and any damages or injuries, and other relevant financial information. Your attorney will also use documents for discovery in writing, such as interrogatories or requests for production as well as request for admissions to question witnesses and other parties who are not in the case.

The written discovery tools are circulated back and forth between attorneys from both sides. They give the opposing party an opportunity to reply to questions in writing, that must be answered under oath, and to supply copies of specific documents or other information that could be helpful to your case.

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

The purpose of these pretrial investigation processes is to assist your lawyer to create an argument that is persuasive and strong against the at-fault party as well as their insurer, so that you are able to secure an equitable and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case however, most will settle during or following the investigation process, which is usually completed before the trial.

4. Trial

Trials are possible in cases where you and the insurance company disagree on fault or the amount of compensation you should receive for your injuries. A trial is an official proceeding in which both sides present arguments and evidence before the factfinder, who makes a decision on how to settle the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial your lawyer will be able to present your version of events in opening statements to the jury as well as any other evidence you may have, such as photos or video of the accident scene, testimony from bystanders and medical professionals, and documents like medical bills and police reports. You can also offer testimony regarding your memories of the incident and how it impacted your life. Expert witnesses can also give evidence to back up your assertions. The lawyer for the defendant can interrogate witnesses and object to the admissibility of certain evidence.

In a trial, the jury will decide if the plaintiff's injuries were caused by the negligence of the defendant. They will look at the proximate cause, accident lawsuit a complicated legal concept that law students spend hours studying. Proximate cause examines how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. It's also a complicated matter because it is based on the severity of your injuries as well as the extent to which you've suffered. Your attorney will provide evidence, including expert testimony, about the severity of your injuries that resulted in loss of income and earning potential, in addition to your pain and suffering and impairment.

5. Settlement

Each state has a specific deadline by which you can settle your claim, or even file an action. This is known as the statutes of limitations. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, then you might need to file a car accident lawsuit in the court. It is costly and time-consuming, but this is often necessary to seek compensation.

During this procedure you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure where parties exchange information with the other side) and be present at hearings. Your lawyer will also make legal filings, also known as motions, asking the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout the entire process, and most car accident civil disputes end before a trial needs to be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is legitimate and that you'll be willing to take the case to trial. The settlement process is also faster and less risky compared to the court trial.

It is vital to fully understand the extent of your injuries prior to agreeing to an agreement. You must also have completed all medical treatment. If you sign a settlement before your doctor has determined that you have reached maximum medical improvement (MMI), you could be denied additional compensation. Additionally, you should not sign the release until you've had a conversation with your lawyer and gained an accurate understanding of your losses. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will carefully review your medical records and other documents to make sure that you receive the full amount of damages for which you are eligible.