"Ask Me Anything " 10 Responses To Your Questions 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're entitled to for your injuries. This will list all the economic losses you have suffered like medical bills and lost wages, as well as non-economic damages, such as suffering and pain.

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

1. Gathering Evidence

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

Your attorney may be able to determine what transpired in the accident by taking photos of the scene, including skid marks and road debris as well as other physical evidence. Record the names and contact numbers of any witnesses who saw the incident. It is crucial to have witnesses who can confirm the events that took place, as it can often happen that drivers give contradictory statements that result in insurance companies refusing or denial of the responsibility.

Other evidence forms your lawyer may use include medical records, which could include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other documents that show the extent of your injuries. You should get these records as soon as possible and give copies to your healthcare professionals.

Another form of evidence your attorney might employ is a deposition which is out-of-court testimony given under oath, and then transcribed by a court reporter. The lawyer can use this evidence to prove your injuries had a direct, foreseeable link to the accident lawyers. This helps to justify the need for compensation. Most of the evidence discussed above is available at the site of the crash or shortly after however some evidence may not be available until much later in the litigation. It is essential to contact an attorney for car accidents with the right credentials as soon as you can so they can begin an investigation while the evidence is in its most pure form.

2. Making a Complaint

Once the dust has settled and you've treated your injuries, it's the time to seek legal advice from a professional. An attorney for car accidents can provide the necessary expertise to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint in the court, describing the specific claims that you're making and how much money you are seeking in damages. This type of document is typically drafted by an attorney, and filed in court. It is also served on the defendant.

This also initiates the discovery phase, which allows both sides to exchange information and evidence related to their defenses and Accident Attorneys claims. The process can take a considerable duration and both teams will be required to examine a large number of documents including police reports and witness statements. They might also need to look at medical documents as well as bills and other documents. Each side can request interrogatories. These are a series questions which the other side must answer under oath in an agreed upon timeframe.

During this stage, you lawyer will also work closely with your doctor to get the full picture of your injuries as well as the impact that they've had on your life. Your lawyer will then estimate the total damages you have suffered, which will include the past and future medical costs, Accident attorneys lost earnings, pain and suffering and much more.

Sometimes, your lawyer may be able to reach a settlement with the at-fault driver's insurance company. This is most likely to be the case following the completion of discovery, but before trial. If the insurance company refuses to offer a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, the case may move forward to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car Accident Attorneys the attorney representing you and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents to support your case. These documents include police reports, medical bills and work loss documents from your employer (showing how much time you missed due to the accident) photos of your vehicle damaged or injured, and other financial information. Your attorney may also use written discovery tools, such as interrogatories and requests for production to inquire about witnesses and parties who are not present.

These documents are shared between attorneys on both sides. They provide the opposing party an opportunity to reply to questions in writing, which have to be answered under oath, and to provide copies of certain documents or other information that could be useful to your case.

Your Long Island car accident lawyer will also depose people who are witnesses to the collision as well as anyone with information regarding your injuries or damages that could be important to your case. In a deposition, the attorney representing the at-fault party will ask you several questions, and your answers will be recorded on video, or transcribed by a court reporter.

These pretrial investigation processes are designed to assist your lawyer build a compelling case against the responsible party and their insurance company in order to get a fair settlement for all your injuries or losses, as well as expenses. There is no guarantee of a settlement in every case however most do so during or after the investigation process, which is typically completed prior to the trial.

4. Trial

The majority of car accidents settle through out-of-court negotiations, if you and the insurance company are not in agreement about who is to blame or how much compensation you should receive for your injuries, the case may be heard in a trial. A trial is a formal proceeding in which both sides argue and present evidence to a factfinder who makes an announcement to settle 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 supporting evidence like photos or videos of the scene witness testimony, statements from witnesses and medical professionals, as well as documents such police reports and bills. You can also provide testimony regarding your recollection of the incident and how it impacted your life. Expert witnesses can also testify to back your claims. The lawyer for the defendant can interrogate witnesses and object to the admissibility of certain evidence.

In a trial, the jury must decide if the plaintiff's injuries were the result of the defendant's negligence. They will be looking at the proximate causes, which is a complicated legal concept that law school students spend hours studying. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. This is another complicated issue because it is contingent on how severe your injuries are and the extent of your losses. Your attorney will present your evidence, including expert witness testimony about the severity of your injuries, your loss of 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, in which you must settle your claim or make a claim. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you may require filing a car accident lawsuit in the court. This could be a lengthy process and expensive, yet 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 process where both sides exchange information with each other). Your lawyer will also file legal documents known as motions to request the court to consider excluding certain types of evidence at trial. Settlement negotiations can be ongoing throughout the entire process, and a lot of civil disputes arising from car accidents end before a trial needs to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you will be willing to take the case to trial. In addition the settlement process is quicker and less risky than a trial.

It is essential to understand your injuries before you agree to an agreement. It is also important to have completed all medical treatment. If you sign a settlement before your doctor has determined that you have reached the maximum medical improvement (MMI) then you could not receive additional compensation. You should also not sign a settlement agreement before you've spoken with your lawyer about the damages. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will carefully examine your medical records and other documentation to make sure that you receive the full amount of damages to that you are eligible.