The 3 Most Significant Disasters In Accident Compensation History

The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal letter of demand if the insurance company refuses to pay the amount you require for your injuries. This letter will provide a detailed description of your economic losses such as medical costs and lost wages, as also non-economic damages like pain and discomfort.

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

1. Gathering Evidence

In a lawsuit involving a car accident, proving the negligence and liability is crucial to get compensation for your losses and injuries. Gathering evidence is one of the first steps in the litigation process, and it involves gathering documents, photographs, witness testimony as well as official reports like police reports.

Your lawyer may be able to establish what transpired in the accident by taking pictures of the scene, including skid marks and road debris as well as other physical evidence. Take down the names and contact details of any witnesses who witnessed what transpired. Witnesses who testify to corroborate your version of what transpired is vital as it could be common for drivers to give contradicting accounts of what happened that can lead to insurance companies refusing to accept the claim or denying responsibility altogether.

Other forms of evidence your lawyer could use include medical records, which could include receipts, bills, diagnosis reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. You should obtain these records as soon as possible and provide copies to your medical professionals.

A deposition is yet another type of evidence that your attorney might use. It is a non-in the court testimony that is under oath, and then transcribed by a Court Reporter. Your lawyer may use this testimony to establish your injuries had a clear, identifiable connection to the accident. This can be used to justify the need for compensation. Most of the evidence mentioned above is available at the site of the accident or shortly afterwards however some evidence may not be available until later in the legal process. This is why it's vital to speak with a well-credentialed lawyer for car accidents as soon as possible, so that they can begin the investigation while vital evidence is still in its purest form.

2. The process of filing a complaint

Once the dust has settled and you have tended to your injuries, it's the time to seek legal advice from a professional. An attorney for car accidents will be able to provide the expert advice you require to ensure you receive the maximum compensation for your claim.

The first step is to file an application with the court. This will outline your specific claims as well as the amount of money you'd like to claim in damages. This type of document is typically drafted by an attorney, and filed in the court. It will also be given to the defendant.

This also triggers the discovery phase which allows both parties to exchange information and documents related to their claims and defenses. The process can take a long time and both teams will require a thorough review of documents, including police reports and witness statements. They might also have to review medical documents or bills, as well as other documents. Each side can request interrogatories. These are a series questions which the other side has to answer under oath in the timeframe specified.

In this phase the lawyer will work with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they have affected your daily routine. Your attorney will then calculate your total damages that will include past and future medical expenses, lost earnings, suffering and pain and much more.

Sometimes, your lawyer may be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely to occur following discovery and prior to trial. However, if the insurance company refuses to offer a fair settlement or if you've incurred substantial damages that aren't covered by the insurance policy, your case may go to trial. A judge or jury will decide on the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. It is the point at which your attorney and negligent insurer of the driver share information that could either support or damage your claim. Your attorney will request copies of the documents supporting your case, including police reports, medical bills as well as work loss records (e.g. an email from your employer that outlines the amount of time you were absent from work because of the accident law firms), photographs of your vehicle as well as any injuries or damages and other financial information. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to inquire about parties and witnesses who are not present.

These tools for writing discovery are used to exchange information between attorneys on both sides. They give the opposing side a chance to respond to questions in writing, which must be sworn to under oath, and to provide copies of certain documents and other information that may be relevant to your case.

Your Long Island car accident law firm lawyer will also be able to depose people who are witnesses to the accident and any person who has information about your injuries or damage that could be crucial to your case. During a deposition, the lawyer for the person who is at fault will ask you several questions, and your responses will be recorded on video, or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to assist your lawyer to build an effective and convincing argument to the party at fault and their insurer so that you can receive a fair and complete settlement for your injuries, losses and expenses. While there is no assurance that all cases will settle, the majority do either during or after the discovery process, which is often be completed before the case is brought to trial.

4. Trial

Although the majority of car accidents are settled through informal negotiations, if you and the insurance company disagree about fault or how much compensation you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal process in which both sides present arguments and evidence before 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 version of what transpired during the trial. This will include any evidence supporting it including photos or videos of the accident scene as well as testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also give your testimony regarding your memories of the incident and how it has had an impact on your life. Expert witnesses are also able to testify in support of your claims. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of specific evidence.

In a trial, jurors must decide if the plaintiff's injuries were the result of the defendant's negligence. They will examine proximate cause, a complicated legal concept that lawyers will spend many 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 determine the amount of damages you're entitled to. This is a complicated issue due to how severe your injuries are and the severity of your losses. Your lawyer will present evidence which includes expert testimony about the severity of your injuries, lost income and future earning potential, in addition to your suffering and impairment.

5. Settlement

Each state establishes a legal deadline, referred to as the statute of limitations that you must meet to settle your claim or make a claim. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you could need to file a car accident lawsuit in court. It is costly and time-consuming, but this is often required to seek compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and attend hearings. Your attorney will also prepare legal documents, also known as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations may continue throughout this process, and most civil disputes arising from car accidents end before a trial needs to be held.

If they feel that your injury claim is solid and you are willing to go to trial, insurance companies will make an honest settlement offer. Settlement is faster and less risky compared to an in-court trial.

Before agreeing to an agreement, it's essential to be aware of the extent of your injuries and have completed all medical treatments. If you accept a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) then you could not be eligible for additional compensation. Also, you should not sign a release before you have consulted with your lawyer about the damages. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records and other documentation to ensure that you receive the full amount of damages to which you are eligible.