The Ugly Reality About Accident Compensation

The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if an insurance company refuses to provide you with the amount you require for your injuries. It will detail all the economic losses you have suffered like medical bills and lost wages, as well as non-economic damages, such as suffering and pain.

Then a judge or jury will then make a decision. If they decide in your favor, they will be able to award you damages, and the defendant must pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident can aid your lawyer in determining what happened during the accident, including the position of both cars after impact, skid marks road debris and other physical evidence. Take down the names and phone numbers of any witnesses who witnessed what happened. Witnesses that testify to support your account of the events is essential, especially since it can be common for drivers to have conflicting accounts of what happened that causes insurance companies to refuse to accept the claim or denying responsibility altogether.

Other types of evidence your lawyer could use include medical records, which can include bills, receipts, diagnosis reports, lab results, discharge instructions, and other evidence that demonstrates the severity of your injuries. You should obtain these records as soon as you can and ensure that you give copies to your healthcare professionals.

A deposition is a different type of evidence that your attorney may utilize. It is a non-in court statement made under oath and later transcribed by a Court Reporter. The lawyer can utilize this testimony to prove that your injuries had a clear, identifiable connection to the accident. This is a good argument to support seeking compensation. Most of the evidence mentioned above can be gathered at the scene of the accident or shortly afterwards however, some might not be available until much later in the litigation. This is why it's crucial to contact a reputable car accident lawyer as soon as possible, so that they can begin the investigation while the crucial evidence is in its most pure form.

2. Making a Complaint

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

The first step is filing an application with the court. This document will outline your specific claims as well as the amount you want to recover in damages. This document is usually drafted by an attorney and filed in court. It is also delivered to the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence pertaining to their claims and defenses. The process can take a long time and requires both parties to go through a myriad of documents including police reports, witness statements medical records, invoices and more. Each side can request interrogatories. These are a series of questions which the other side has to answer under oath in the timeframe specified.

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

Your lawyer may be able come to a settlement agreement with the insurance company of the driver at fault. This is more likely to happen after discovery and before the trial. If the insurance company refuses to negotiate a fair settlement or if you've suffered significant losses that aren't covered by the insurance policy, your case may move forward to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and the negligent insurer for the driver exchange information that could support or derail your claim. Your attorney will request copies of documents to prove your case. This includes police reports medical bills, work loss records from your employer (showing the amount of time you were absent due to the accident) photographs of your vehicle as well as any injuries or damages as well as other financial data. Your attorney will also make use of written discovery tools, such as interrogatories request for production, interrogatories and requests for admissions to interview witnesses and other parties that are not present in the case.

These written discovery tools are distributed back and forth between attorneys for both sides. Written discovery tools allow the opposing party a chance to answer questions in writing, which must be answered under oath. It also allows you to provide copies or other information that might be useful to you.

Your Long Island car accident lawyer will also be able to depose witnesses to the collision as well as any person who has information about your injuries or damages that could be important to your case. During a deposition, the lawyer representing the at-fault party will ask you questions and your answers could be recorded on video by an official court reporter or Accident lawyer recorded.

The pretrial investigation process is designed to help your lawyer construct a compelling case against the responsible party and their insurer in order to obtain an equitable settlement for all of your injuries as well as losses, expenses and costs. Although there is no guarantee that all cases settle however, the majority of cases settle either during or after the discovery process, which can be completed prior to the time your case reaches trial.

4. Trial

Although the majority of car accidents are settled through informal negotiations however, if you and your insurance company disagree about fault or the amount of compensation you should receive for your injuries, the case may be heard in a trial. A trial is an official process in which both sides are required to argue their case and provide evidence before the factfinder, who makes an announcement to settle the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will give your account of the events in your opening statements to the jury, together with any evidence you have, such as pictures or videos of accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents such as police reports and medical 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 lawyer for the defendant can cross-examine the witnesses and object to the admissibility or validity of certain evidence.

The jury will decide at trial if the plaintiff's injury was the result of the defendant's negligence. They will examine the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate cause examines 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 are entitled to. This is a complicated issue because it is contingent on the severity of your injuries and the severity of your losses. Your lawyer will present evidence which includes expert witness testimony about the severity of your injuries, your lost income and future earnings potential as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer is not able to negotiate a settlement with the insurer, you could be required to bring a lawsuit to court. This can be time consuming and costly, however it is usually required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where both sides exchange information with the other). Your lawyer will also make legal filings, also known as motions, requesting the court to do things like exclude certain types of evidence from trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are resolved prior to a trial.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is solid and you'll be willing to take the case to trial. In addition, the settlement process is faster and less risky for them than a trial.

Before agreeing to an agreement, it's important that you fully understand the extent of your injuries. You must also have completed all medical treatment. If you accept a settlement prior to your doctor determining that you have reached your maximum medical improvement (MMI) it is possible to be denied additional compensation. It is also important not to sign a release until you have spoken with your lawyer about the damages. Your attorney will ensure that you do not be denied compensation that is valuable. They will look over your medical records, and other documents, to ensure that you receive all the damages for which you qualify.