20 Myths About Accident Compensation: Busted

The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you need for your injuries, our tenacious lawyers will draft an official demand letter. This will list all your economic damages like medical bills and lost wages, as well as other damages that are not economic, like suffering and pain.

Then a judge or jury will then make a decision. If they rule in your favor, you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence and liability is essential to receive 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, like police reports and other official reports.

Photographs of the scene of the accident could assist your attorney in determining what actually transpired during the accident law firms, including the position of both cars after impact, skid marks, road debris, and other physical evidence. Also, note the names and contact numbers of any witnesses who witnessed what transpired. Witnesses who testify that confirm your account of what transpired is vital as it could be common for drivers to have contradictory accounts of what happened that results in insurance companies refusing to accept the claim or even denying responsibility altogether.

Medical records can also be used by your lawyer to demonstrate the severity of your injury. These documents could include bills, receipts and lab results, diagnose reports, discharge instructions and other forms of documentation. It is essential to get these records as quickly as you can, and also provide copies to your healthcare providers.

Another type of evidence your attorney could utilize is a deposition, which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. The lawyer can use this testimony to establish your injuries have an immediate, obvious connection to the accident. This can be used to justify the need for compensation. Most of the evidence mentioned above is available at the scene of the accident or shortly afterwards however some evidence may not be available until much later in the litigation. This is why it's crucial to contact a reputable lawyer for car accidents as soon as possible so that they can begin an investigation while vital evidence is still in its most pure form.

2. The process of filing a complaint

After the dust has settled and you've treated your injuries, it's time to seek expert legal advice. An attorney for car accidents can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint with the court, describing the specific claims you have filed and the amount you're seeking in damages. The document is usually written by an attorney and then filed in the court. It is also served to the defendant.

The discovery phase begins with both parties able to share information regarding their defenses and claims. The process can take a considerable duration and both teams will need to review a lot of documents, including police records and witness statements. They might also need to look at medical documents as well as bills and other documents. Each side may ask for interrogatories, which are a set of questions that each party must answer under oath by a predetermined timeframe.

During this stage, you lawyer will also collaborate with doctors to get a full picture of your injuries as well as the impact they've affected your life. Your lawyer will estimate your total damages. This includes future and past medical expenses, lost wages, suffering and pain, and much more.

Sometimes, your lawyer may be able to reach a settlement with the at-fault driver's insurance company. It is likely to take place after the completion of discovery and before trial. If the insurance company refuses an equitable settlement, or if your damages are significant and not covered by insurance, you may need to go to trial. A judge or jury 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 lawsuits lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that may aid or hinder your claim. Your attorney will request copies of documents to support your case. These documents include police reports medical bills, work loss records from your employer (showing the amount of time you were absent due to the accident) photos of your vehicle and any damages or injuries and financial information. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to inquire about witnesses and witnesses who are not present.

These written discovery tools are circulated back and forth between attorneys from both sides. Written discovery tools allow the other side an opportunity to answer questions in writing that need to be answered under oath. It also allows you to provide copies or other information that could be helpful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information about your injuries or damages that could be essential to your case. During a deposition the lawyer representing the person at fault will ask you questions and your answers are recorded on video by a court reporter or transcribed.

The purpose of these pre-trial investigation procedures is to allow your lawyer to build an effective and convincing argument to the at-fault party and their insurer in order that you can get a fair and complete settlement for your losses, injuries and expenses. While there is no guarantee that all cases will settle however, the majority of cases settle either during or after the discovery process, which may be completed before your trial.

4. Trial

While the vast majority of car accidents settle through out-of-court negotiations however, if you and your insurance company disagree about fault or the amount you should receive for your injuries, the case may go to trial. A trial is a formal process in which both parties argue and present evidence to a factfinder who will make an announcement to settle the dispute. In personal injury cases the factfinder is usually a jury.

During the trial the lawyer will provide your version of the events in your opening statements to the jury, as well as any other evidence you have, including photos or video of the accident scene, testimony from bystanders and medical professionals, as well as documents like medical bills and police reports. You may also testify on your memory of the incident, and how it impacted your life. Expert witnesses can also give evidence to support your claims. The defendant's attorney can cross-examine witnesses and challenge the admissibility of specific evidence.

In a trial, the jury will decide if the plaintiff's injuries were caused by the defendant's negligence. They will examine proximate causes, a complex legal concept that law school students spend hours studying. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also decide how much compensation you are entitled to. This is a complicated issue because it is contingent on how severe your injuries are and the extent of your losses. Your attorney will present evidence that includes expert testimony about the severity of injuries, lost income and future earning potential, as well the extent of your suffering and impairment.

5. Settlement

Each state establishes a legal deadline, referred to as the statute of limitations, that you must meet to settle your claim or bring a lawsuit. If your lawyer is not able to negotiate a settlement with your insurer, you may have to start a lawsuit in the courtroom. It can be expensive and time-consuming, but this is often necessary to get compensation.

During this procedure the Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and attend hearings. Your attorney will also submit legal documents, referred to as motions, asking the court to do things like excluding certain types of evidence from trial. Settlement negotiations can be ongoing throughout the process, and a lot of civil disputes arising from car accidents end before a trial has to be held.

If they feel that your injury claim is solid and you are willing to go to trial Insurance companies will offer a fair settlement offer. The settlement process is also quicker and less risky than an in-court trial.

It is essential to fully comprehend your injuries prior to the settlement. You must have completed all medical treatments. If you accept a settlement before your doctor has determined that you have reached maximum medical improvement (MMI), you could not be eligible for additional compensation. Also, you should not sign an agreement until you have had a conversation with your lawyer and had full understanding of your damages. Your lawyer will ensure that you do not be denied compensation that is valuable. They will scrutinize your medical records as well as other documents to ensure that you are entitled to all the compensation you're entitled to.