25 Shocking Facts About Accident Compensation

The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter in the event that the insurance company refuses to pay the amount you need for your injuries. The letter will outline all of your financial damages such as medical costs and lost wages as well as non-economic damages like discomfort and pain.

A judge or jury will then take a call. If they rule to your advantage you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving negligence and liability is essential to receive compensation for your losses and injuries. The gathering of evidence is one of the first steps of the litigation process. it requires gathering documents such as photographs, witness testimony and official reports, such as police reports.

Photographs of the scene of the accident lawsuit can help your attorney establish what actually transpired in the accident, 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 eyewitnesses that witnessed the incident. It is important to have witnesses confirm the events took place, as it can often be the case that drivers give contradictory stories that lead to insurance companies refusing or denial of the responsibility.

Other forms of evidence your lawyer could use include medical records, which could include bills, receipts diagnose reports, lab results, discharge instructions and other documentation that demonstrate the severity of your injuries. You should get these documents as soon as is possible, and make sure to send copies to your healthcare providers.

Depositions are another form of evidence your lawyer could use. It's an out-of court testimony given under oath, which is then recorded by a Court Reporter. Your lawyer may use this testimony to establish your injuries have a clear, identifiable connection to the accident. This is a good argument to support seeking compensation. Most of the evidence mentioned above is available at the scene of the crash or shortly after however, some might not be available until much later in the legal process. This is why it's vital to consult a highly-credentialed lawyer for car accidents as soon as possible so that they can begin the investigation when the evidence is in its most pure form.

2. How to file a complaint

After the dust has cleared and you've taken care of your injuries, seek legal advice from an expert. A lawyer for car accidents can provide the necessary expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with court, which outlines the specific claims you are making and accident lawsuit the amount you're seeking in damages. This document is usually drafted by an attorney and filed in the court. It will also be served on the defendant.

This also triggers the discovery phase which allows both sides to exchange information and documents related to their defenses and claims. The process can take a long time and requires both sides to review many documents, including police reports witnesses' statements, police reports medical records, bills and more. Each side may ask for interrogatories, which are a series of questions which the other party must answer under oath, within a specific time frame.

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

Sometimes, your lawyer may be able to negotiate an agreement with the at fault driver's insurance company. It is likely to take place after the completion of discovery, but before trial. If the insurance company is unwilling to offer a fair settlement, or if your damages are significant and are not covered by insurance, then you could need to go to trial. A judge or jury will make a final decision in the case based on the evidence presented.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident where your lawyer and the insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents that support your case, such as medical bills, police reports, work loss records (e.g. documents from your employer indicating the amount of time you were absent from work because of the accident) photos of your vehicle and any injuries or damages and other financial information. Your attorney will also make use of written discovery tools, such as interrogatories or requests for production as well as requests for admissions to question witnesses and other parties who aren't present in the case.

These discovery tools written in writing are circulated back and forth between the attorneys on both sides. They give the opposing party an opportunity to reply to questions in writing, which must be sworn to in oath and to supply copies of specific documents or other information that may be relevant to your case.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the collision and anyone who has information about your injuries or damage that could be crucial to your case. During a deposition the lawyer representing the person at fault will ask you questions and your answers could be recorded on video by an official court reporter or recorded.

These pre-trial investigation procedures are designed to help your lawyer create a compelling case against the person who is at fault and their insurer in order to get an equitable settlement for all your losses, injuries or losses, as well as expenses. There is no assurance of a settlement in every case however, the majority of cases occur during or after the investigation process, which is often completed before the trial.

4. Trial

Trials are possible when you and the insurance provider disagree on fault or the amount of compensation you are entitled to for your injuries. A trial is an official process in which both sides are required to argue their case and provide evidence before a factfinder who will make an decision on how to resolve the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any evidence supporting it, such as photos or videos of the scene of the accident as well as testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also testify about your memories of the incident, and how it impacted your life. Expert witnesses can also testify to support your assertions. The defendant's lawyer can interrogate witnesses and object to the admissibility of evidence.

At trial, the jury must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will examine proximate cause which is a complex legal concept that lawyers spend many hours studying during law school. Proximate cause considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. It's also a complex issue because it is contingent on the severity of your injuries and the extent to which you've suffered. Your attorney will present your evidence that includes expert witness testimony regarding the severity of your injuries, your loss of income and future earnings potential as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Every state has a legal deadline, referred to as the statute of limitations in which you must settle your claim or bring a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, then you might need to file a car accident lawsuit in court. It can be expensive and time-consuming, but it is often required to seek compensation.

During this process the Long Island personal injury lawyer will be involved in discovery (a formal procedure where parties exchange information with the other side) and will attend hearings. Your lawyer will also file legal documents referred to as motions to ask the court for specific things such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can be ongoing throughout the process, and many car accident civil disputes end before a trial needs to be held.

If they believe that your claim is solid and that you are willing to go to trial the insurance company will offer an acceptable settlement offer. The settlement process is also faster and less risky than a court trial.

It is vital to fully comprehend your injuries prior to committing to the settlement. It is also important to have completed all medical treatments. If you settle 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 a release before you've spoken with your lawyer regarding your damages. Your lawyer will ensure that you don't lose out on valuable compensation. They will scrutinize your medical records and other documentation to ensure that you are entitled to all damages for which you qualify.