25 Shocking Facts About Accident Compensation

The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you need for your injuries, our hard-working attorneys will prepare a formal demand letter. This will outline all the economic losses you have suffered including medical expenses and lost wages, and other damages that are not economic, like suffering and pain.

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

1. Gathering Evidence

In a lawsuit for a car accident, proving liability and negligence is essential to receive compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports such as police reports, and other official reports.

Your attorney might be able to determine what happened during the incident by taking photographs of the scene, including skid marks or road debris, as well as other physical evidence. Record the names and contact details of any witnesses who saw what happened. Witnesses who testify that confirm your version of what transpired is vital, especially since it can be common for drivers to give contradicting stories of what happened. This causes insurance companies to refuse to accept the claim or denying responsibility altogether.

Other forms of evidence your lawyer may use include medical records, which may include receipts, bills diagnostic reports, lab results, discharge instructions, and other documents that show the severity of your injuries. You should seek these documents as soon as is possible, and make sure to give copies to your healthcare professionals.

Another type of evidence your lawyer could make use of is a deposition which is out-of-court testimony given under oath and recorded by a court reporter. Your lawyer may use the testimony to prove the fact that your injuries had an immediate and clear connection to the crash and can be used to justify compensation for your injuries. Most of the evidence discussed above is available at the scene of the accident attorneys or soon after but some of it may not be available until much later in the litigation. It's crucial to speak with an attorney for car accidents with the right credentials immediately to begin an investigation as evidence is in its purest form.

2. Making a complaint

After the dust has settled, and you've taken care of your injuries, you need to seek legal advice from a professional. A car accident lawyer can offer you the knowledge to maximize your compensation.

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

It also kicks off the discovery phase that allows both sides to exchange information and documents related to their defenses and claims. The process can be lengthy and requires both parties to go through a myriad of documents including police reports and witness statements medical records, bills and more. Each side may request interrogatories. These are a series questions that the other side has to answer under oath in the timeframe specified.

During this stage, you lawyer will also work closely with doctors to gather the full picture of your injuries and the impact that they've caused on your life. Your lawyer will determine the total damages. This will include future and past medical expenses and lost wages, as well as the pain and suffering of others, and many more.

Your lawyer may be able negotiate a settlement with the insurance company of the driver who is at fault. This is more likely following discovery, but before trial. However, housesofindustry.org if the insurance company is unable to offer a fair settlement or if you've incurred significant damages that are not covered by the insurance policy, the case could be referred 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 the time when your attorney and the negligent driver's insurer share information that could either support or hurt your claim. Your attorney will request documents that can support your case, such as police reports, medical bills or work-related loss records (e.g. an email from your employer which reveals how long you missed work because of the accident), photographs of your car and any injuries or damage, and other relevant financial information. Your attorney will also use written discovery tools, such as interrogatories request for production, interrogatories and request for admissions to question witnesses and other parties who are not in the case.

These tools for discovery are exchanged between attorneys from both sides. The written discovery tools give the other side an opportunity to answer questions in writing that must be answered under oath and to provide copies of other information that might be useful to you.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the collision and also anyone with information regarding your injuries or damages that could be relevant to your case. During a deposition the lawyer representing the party at fault will ask you questions and your responses will be recorded on video by an official court reporter or recorded.

The goal of these pretrial investigation processes is to help your lawyer to construct an argument that is convincing and persuasive against the at-fault party as well as their insurer in order that you can get a full and fair settlement for your injuries, losses and expenses. Although there is no assurance that all cases will settle however, the majority of cases settle at the end of or following the discovery process, which is often be completed before your trial.

4. Trial

Although the majority of car accident cases settle through out-of-court negotiations however, if you and your insurance company aren't in agreement on the cause or the amount of compensation you are entitled to for your injuries, your case may go to trial. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder who makes a ruling that resolves the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the scene, testimony from witnesses and medical professionals, as well as documents such police reports and bills. You may also offer your testimony regarding your recollection of the incident and how it has had an impact on your life. Expert witnesses are also able to testify in support of your assertions. The lawyer for the defendant can cross-examine the witnesses and object to the admissibility of evidence.

In a trial, the jury will decide whether the plaintiff's injuries were caused by the defendant's negligence. They will be examining proximate causes, a complicated legal concept that lawyers have to spend many hours studying during law school. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also decide the amount of damages you are entitled to. This is a thorny issue depending on how severe your injuries are and the extent of your losses. Your attorney will provide evidence including expert testimony regarding the severity of your injuries loss of income, future earning potential, as well your pain and suffering and impairment.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations, where you have to settle your claim or start a lawsuit. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you could have to file a car accident lawsuit in court. It can be lengthy and costly, but it is usually required to seek compensation.

During this procedure you and your Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and be present at hearings. Your attorney will also prepare legal documents, also known as motions, requesting the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can go on throughout the entire process, and most civil disputes arising out of car accidents will end before a trial is required to be held.

If they feel that your injury claim is legitimate and you are willing to go to trial insurance companies will make an acceptable settlement offer. Settlement is more efficient and less risky than an in-court trial.

It is vital to fully understand the extent of your injuries prior to agreeing to a settlement. You should also have completed all medical treatments. If you agree to a settlement before your doctor has determined you have reached your maximum medical improvement (MMI), you could be denied additional compensation. Also, you should not sign a release until you have spoken with your lawyer about your injuries. Your lawyer will make sure that you do not get a poor deal on compensation. They will carefully examine your medical records and other documents to make sure that you get the full amount of damages for which you are entitled.