10 Apps To Help Manage Your Accident Compensation

The First Steps in Car Accident Litigation

Our determined lawyers will draft an official letter of demand if the insurance company refuses to provide you with the amount you're entitled to for your injuries. This will include all of your financial losses, such as medical bills and lost wages, as well as non-economic damages like suffering and pain.

Then a jury or judge will decide. If they rule in your favor, they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in a car, proving negligence is crucial to receiving compensation for your injuries. Collecting evidence is one the initial steps in the process of litigation, and it requires gathering documents witnesses' testimony, photographs and official reports such as police reports.

Your lawyer might be able to establish the circumstances of the accident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Note down the names and phone numbers of any eyewitnesses that witnessed what transpired. It is crucial to have witnesses confirm the events took place, as it can often be the case that drivers will give contradictory accounts that lead to insurance companies refusing to accept or deny the liability.

Other types of evidence your lawyer could utilize include medical records. These could include receipts, bills, diagnosis reports, lab results, discharge instructions, and other evidence that demonstrates the extent of your injuries. You should get these records as soon as you can and send copies to your medical professionals.

Another type of evidence your attorney might employ is a deposition which is an out-of-court testimonies given under oath and transcribed by a court reporter. Your lawyer can utilize the testimony to prove that your injuries have an immediate and predicable connection to the crash which can help justify compensation for your losses. The majority of the evidence mentioned above is available at the site of the accident or within a short time however, some might not be available until much later in the litigation. It is crucial to contact a lawyer for car accidents with the right credentials immediately so they can begin an inquiry while the evidence is still in its purest form.

2. The process of filing a complaint

Once the dust has settled and you've treated your injuries, it's time to seek expert legal advice. A car accident attorney can provide the expertise needed to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint with court, which details the specific claims you're making and how much money you are seeking in damages. The document is usually drafted by your attorney, and then filed with the court and served to the defendant.

This also triggers the discovery phase, which allows both sides to exchange information and evidence related to their defenses and claims. The process can be lengthy and accident attorney requires both teams to look over a number of documents, including police reports witnesses' statements, police reports and medical records, as well as bills and more. Both sides can request interrogatories. These are a set of questions that the other side must answer under oath within an agreed upon timeframe.

Throughout this stage the lawyer will work with doctors to ensure they have a complete understanding of the severity of your injuries as well as the impact they've had on your daily life. Your lawyer will calculate your total damages. This will include any future medical expenses including lost wages, pain and suffering and more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver at fault. This will most likely occur after the completion of discovery, but before trial. However, if the insurance company refuses to negotiate a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, your case may move forward to trial. A jury or judge will make a decision on the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit the attorney representing you and the insurance company exchange information that could aid or hinder your claim. Your attorney will ask for documents that can support your case, such as medical bills, police reports or work-related loss records (e.g. the records from your employer showing how long you missed work due to the accident) photos of your vehicle and any injuries or damage as well as other financial information. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to question witnesses and parties who are not present.

These tools for discovery are exchanged between attorneys on both sides. They give the opposing side a chance to respond to questions in writing, which need to be sworn to in oath and to provide copies of certain documents or other information that could be helpful to your case.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding the damages or injuries you sustained that could be essential to your case. During a deposition, the lawyer representing the person at fault will ask you questions and your responses could be recorded on video by the court reporter or translated.

The goal of these pretrial investigation processes is to assist your lawyer to present an argument that is convincing and persuasive against the at-fault party as well as their insurer so that you can secure an adequate and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases will settle however, the majority settles at the end of or following the discovery process, which can be completed before the case reaches trial.

4. Trial

While the vast majority of car accidents are resolved through informal 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 be heard in a trial. A trial is an official process where both parties are required to present their arguments and evidence to a factfinder who makes a decision to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial, your lawyer will explain your story in your opening statements to the jury as well as any other evidence that you have, like photographs or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents like police reports and medical bills. You can also give your testimony regarding your recollection of the incident and how it changed your life. Expert witnesses will also provide evidence to back up your claims. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of certain evidence.

In a trial, the jury will decide whether the plaintiff's injuries were caused by the defendant's negligence. They will be looking at proximate causes, a complex legal concept that law students have to spend hours studying. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury is also required to determine how much damages you will be awarded. It's a difficult issue because it is contingent on the severity of your injuries as well as the degree to which you've suffered. Your attorney will provide evidence including expert testimony about the severity of your injuries, lost income and future earning potential, as well the extent of your suffering and impairment.

5. Settlement

Each state has a deadline that you must meet to settle your claim, or even file a lawsuit. This is known as the statute of limitations. If your lawyer cannot reach a settlement with the insurer, you might have to bring a lawsuit to court. This can be time consuming and costly, but it is often necessary to pursue compensation.

During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and also attend hearings. Your lawyer will also prepare legal documents, also known as motions, which ask the court to do things such as excluding certain types evidence from trial. Settlement negotiations may continue throughout this process, and many car accident civil disputes 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 strong and that you are willing to take the case to trial. Additionally, the settlement process is more efficient and less risky than a trial.

It is vital to understand your injuries prior to a settlement. It is also important to have completed all medical treatments. If you agree to a settlement before your doctor has determined that you have reached the maximum medical improvement (MMI), you could not be eligible for additional compensation. You should also not sign a release until you have spoken with your lawyer about the damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will review your medical records, as well as other documents to ensure that you receive all compensation you're entitled to.