What Are The Biggest "Myths" About Accident Compensation Cou…

The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter in the event that the insurance company refuses to pay the amount you're entitled to for your injuries. This letter will provide a detailed description of your financial damages like medical expenses and lost wages, as in addition to non-economic damages like pain and discomfort.

A judge or jury will then make a ruling. If they make a decision to your advantage, you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is crucial to get compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports such as police reports, and other official reports.

Photographs of the scene of the accident can aid your lawyer in determining what actually transpired during the collision, accident including the location of both cars after collision, skid marks, road debris and other evidence that is physical. Also, keep track of the names and phone numbers of any witnesses who witnessed what occurred. It is crucial to have witnesses confirm the events occurred, as it can often be the case that drivers offer contradictory accounts that lead to insurance companies refusing or denying the liability.

Other forms of evidence your lawyer could utilize include medical records, which may include bills, receipts and diagnosis reports, laboratory results, discharge instructions, and other evidence that demonstrates the extent of your injuries. You should get these records as soon as possible, and make sure to send copies to your medical professionals.

A deposition is another form of evidence your lawyer might utilize. It's an out-of court testimony given under oath and later translated by a court reporter. Your lawyer can make use of this testimony to prove your injuries had a direct, foreseeable link to the accident. This can be used to justify the need for compensation. The majority of the evidence listed above can be collected at the scene of the accident or within a short time however some evidence may not be available until later in the litigation. This is the reason it's essential to talk to a reputable lawyer in the event of a car accident as soon as possible, so that they can begin investigating while vital evidence is still 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, it's best to seek legal advice from a professional. A lawyer who has handled car accidents can provide you with the knowledge to maximize your compensation.

The first step is filing a complaint with the court. The complaint will detail your specific claims and the amount you'd like to recover in damages. The document is usually written by your lawyer and filed with the court and served to the defendant.

This also begins the discovery phase that allows both sides to exchange information and documents related to their claims and defenses. The process can be very long and requires both teams to examine a variety of documents, including police reports, witness statements, medical records, bills and more. Each side is able to request interrogatories. These are a series of questions which the other side has to answer under oath in the specified timeframe.

During this stage, you lawyer will also collaborate with doctors to get the full picture of your injuries as well as the impact they've caused on your life. Your lawyer will calculate your total damages. This will include past and upcoming medical expenses including lost wages, the pain and suffering of others, and many more.

Your lawyer could be able to negotiate a settlement with the insurance company of the driver who is at the fault. It is likely to occur following the conclusion of discovery and before trial. If the insurance company doesn't agree to a fair settlement or if your losses are significant and not covered by insurance, you may be required to go to trial. A judge or jury will decide on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident lawyer case. This is where your attorney and negligent driver's insurer share information that could either support or hurt your claim. Your attorney will seek copies of all documents to support your claim. This includes police reports, medical bills and work loss documents from your employer (showing the amount of time you've missed because of the accident) photos of your vehicle and any damages or injuries and financial information. Your attorney will also use written discovery tools like interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties who are not in the case.

These tools for writing discovery are shared between attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, that must be answered under oath, and to provide copies of certain documents or other data which could be beneficial to your case.

Your Long Island car accident attorney will also depose witnesses and anyone who has information regarding your injuries or damages which could be crucial to your case. During a deposition attorney representing the at-fault party will ask you an array of questions and accident your answers will be recorded on video or translated by a court reporter.

These pretrial investigation processes are designed to assist your lawyer build a compelling case against the responsible party and their insurer to get an equitable settlement for all your losses, injuries or losses, as well as expenses. There is no guarantee of a settlement in each case however the majority of them will settle during or following the investigation process, which is usually done prior to trial.

4. Trial

Trials are a possibility in situations when you and the insurance company are not in agreement on fault or the amount you should receive for your injuries. A trial is a formal process where both sides submit arguments and evidence to a factfinder who makes a ruling that settles the issue. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any evidence supporting it including photos or videos of the scene of the accident or testimony from witnesses, medical professionals, and documents such as police reports and bills. You may also testify about your memory of the incident and how it impacted your life. Expert witnesses can also provide evidence to support your claims. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's injury was caused by the defendant's negligence. They will consider proximate cause, a complicated legal concept that lawyers will spend many hours studying in law school. Proximate cause considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury must also determine the amount of damages you should receive. This is a complicated issue due to the severity of your injuries and the extent of your losses. Your attorney will provide evidence which includes expert testimony about the severity of injuries, lost income and future earning potential, as well the extent of your suffering and impairment.

5. Settlement

Every state has a deadline within which you can settle your claim or file a lawsuit. This is referred to as the statute of limitations. If your lawyer can't negotiate a settlement with your insurer, you could be required to bring a lawsuit to court. This could be a lengthy process and expensive, but it is usually necessary to pursue compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal process in which each party exchanges information with the other side) and also attend hearings. Your lawyer will also submit legal documents, referred to as motions, which ask the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing throughout the process, and most civil disputes in car accidents settle before a trial has 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 will be willing to go to trial. The settlement process is also faster and less risky than the court trial.

Before settling an agreement, it's crucial to fully comprehend the severity of your injuries and completed all medical treatment. You could lose out on additional compensation if settling a settlement until your doctor has concluded that you have reached the level of medical improvement that is the highest. Also, you should not sign a release until you have consulted with your lawyer regarding your damages. Your lawyer will make sure that you don't lose out on a significant amount of compensation. They will carefully examine your medical records as well as other documents to make sure that you receive the full amount of damages for which you are entitled.