The 10 Scariest Things About Accident Compensation

The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you require for your injuries, our determined lawyers will draft a formal demand letter. This will outline all the economic losses you have suffered, such as medical bills and lost wages, as well as other damages that are not economic, like pain and suffering.

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

1. Gathering Evidence

In a lawsuit that involves an accident in a car, proving negligence is vital to receiving compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports, like police reports and other official reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually happened in the crash, including the position of both cars after collision, skid marks, road debris, and other physical evidence. Note down the names and contact information of any eyewitnesses that witnessed what transpired. Witnesses who testify that confirm your account of the events is essential, especially since it can be common for drivers to give contradicting reports of what happened, which results in insurance companies refusing to accept the claim or denying responsibility completely.

Other evidence forms your lawyer might use include medical records, which may include receipts, bills diagnose reports, lab results, discharge guidelines, and other documentation that demonstrate the severity of your injuries. You should obtain these records as quickly as you can, and also provide copies to your healthcare providers.

Another form of evidence that your attorney may use is a deposition, which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. Your lawyer may utilize the testimony to prove that your injuries had an immediate and predicable connection to the accident lawsuits which can help justify the compensation you deserve for your damages. Most of the evidence discussed above is available at the site of the accident or soon after however, some might not be available until much later in the litigation. This is why it's important to contact a reputable car accident lawyer as soon as possible, so that they can begin investigating as evidence is in its most pure form.

2. The process of filing a complaint

After the dust has settled and you've taken care of your injuries, you need to seek legal advice from an experienced. A car accident attorneys lawyer can give you the experience to maximize your compensation.

The first step is to file a complaint in court, which outlines the specific claims that 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 will also be served to the defendant.

The discovery phase begins, allowing both parties to share information about their claims and defenses. The process can take a considerable time and both teams will have to look over a variety of documents like police reports and witness statements. They might also have to review medical records, bills, and other documents. Each side may request interrogatories. These are a set of questions which the other side must answer under oath within an agreed upon timeframe.

Throughout this stage your lawyer will collaborate with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they've had on your daily life. Your lawyer will calculate 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.

Sometimes, your lawyer could be able to reach an agreement with the at-fault driver's insurance company. This is more likely to occur after discovery and prior to trial. If the insurance company refuses an equitable settlement, or if your losses are substantial and not covered by insurance, then you may be required to go to trial. A judge or jury will make a decision in the case based on all the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. This is where your attorney and negligent insurer of the driver exchange information that can support or undermine your claim. Your attorney will request copies of documents that support your case, such as medical bills, police reports or work-related loss records (e.g. documents from your employer that outlines how much time you missed work because of the accident) photos of your vehicle as well as any injuries or damages as well as other financial information. Your attorney will also use written discovery tools like interrogatories and requests for production, as well as requests for admissions in order to question witnesses and other parties that aren't present in the case.

The written discovery tools are circulated back and forth between attorneys from both sides. The written discovery tools provide the opposing side a chance to answer questions in writing that must be sworn to under oath, and to provide copies of other information that might be helpful to you.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the collision and anyone with information regarding your injuries or damages that could be relevant to your case. In 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 pretrial investigation processes is to assist your lawyer to create an argument that is convincing and persuasive against the at-fault party as well as their insurer, so that you can get an equitable and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases will settle but the majority settle either during or after the discovery process, which may be completed before the case goes to trial.

4. Trial

Trials are possible when you and the insurance company are not in agreement on the source of your fault or the amount of compensation you are entitled to for your injuries. A trial is a formal procedure where both sides submit arguments and evidence to a factfinder, who renders a verdict that settles the issue. In personal injury cases the factfinder is 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 including photos or videos of the scene or testimony from witnesses, medical professionals, documents like police reports and bills. You can also give your testimony regarding your memories of the incident and how it had an impact on your life. Expert witnesses can also testify to support your claims. The lawyer for the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

The jury will decide during trial whether the plaintiff's harm was caused by the defendant's reckless behavior. They will be examining proximate causes which is a tangled legal concept that lawyers spend countless hours studying in law school. 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 will be awarded. It's also a complicated issue because it is contingent on the degree of your injuries and the extent to which you have suffered. Your attorney will provide evidence that includes expert testimony regarding the severity of your injuries loss of income, future earning potential, as well as your suffering and impairment.

5. Settlement

Each state has a deadline to settle your claim or file an action. This is known as the statute of limitations. If your lawyer is unable to come to a deal with the insurance company, you may be required to bring a lawsuit to court. This could be a lengthy process and costly, however it is often required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal procedure where each side exchanges information with each other). Your attorney will also file legal documents, known as motions, requesting the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout the process, and a lot of civil disputes arising out of car accidents will end before a trial can be held.

If they believe that your claim is valid and you are willing to go to trial insurance companies will make an acceptable settlement offer. Additionally settlement is quicker and less risky for them than a trial.

Before you agree to the settlement, it's important that you fully understand the extent of your injuries and completed all medical treatment. If you settle before your doctor determines that you have reached maximum medical improvement (MMI), you could miss out on additional compensation. You should also not sign a contract before you've spoken with your lawyer about your damages. Your lawyer will ensure that you don't lose out on valuable compensation. They will carefully examine your medical records and other evidence to make sure that you receive the entire amount of damages to that you are eligible.