What The Heck Is Accident Compensation

The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter in the event that the insurance company refuses to pay you the amount you're entitled to for Accident Law firms your injuries. This will include all of your economic damages such as medical bills and lost wages, as well as non-economic damages like suffering and pain.

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

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is the most important aspect to obtain compensation for your losses and injuries. Collecting evidence is one the first steps of the process of litigation, and it involves gathering evidence, documents witnesses' testimony, photographs and official reports such as police reports.

Photographs of the scene of the accident may help your attorney establish what actually transpired in the collision, including the location of both vehicles after collision, skid marks, road debris and other physical evidence. Note down the names and contact information of any witnesses who were present to witness the incident. Witnesses who testify to corroborate your account of what transpired is vital, especially since it can be common for drivers to have conflicting versions of what transpired, which results in insurance companies refusing to accept the claim, or even deny the responsibility completely.

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

Another type of evidence that your lawyer could make use of is a deposition which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. The lawyer can use the testimony to establish that your injuries have an immediate and predicable connection to the accident, which helps justify requesting compensation for your losses. Most of the evidence mentioned above can be obtained at the site of the accident or within a short time, but some may not be available until much later in the litigation. This is the reason it's essential to consult a highly-credentialed car Accident Law Firms lawyer as soon as you can, so they can begin the investigation when the evidence is in its most pure form.

2. How to file a complaint

After the dust has settled and you've treated your injuries, it's the time to seek legal advice from a professional. An attorney who has handled 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 with court, which lists the specific claims that you're making and the amount you're seeking in damages. This type of document is typically drafted by an attorney and filed in the court. It will also be delivered to the defendant.

This also begins the discovery phase which allows both parties to exchange information and evidence related to their defenses and claims. The process can take a considerable time and both teams may be required to examine a large number of documents, including police reports and witness statements. They might also need to review medical documents or bills, as well as other documents. Each side may request interrogatories. These are a set of questions that the other side must answer under oath within an agreed upon timeframe.

In this stage the lawyer will work with medical professionals to ensure they have a complete understanding of the seriousness of your injuries and the impact they've affected your daily routine. Your lawyer will then estimate the total damages you have suffered including the future and past medical expenses and lost earnings, as well as suffering and pain and much more.

Your lawyer may be able come to a settlement agreement with the insurance company of the driver who is at fault. This is most likely to occur following the conclusion of discovery and prior to trial. If the insurance company does not agree to an equitable settlement, or if your damages are significant and are not covered by insurance, you may be required to go to trial. A judge or jury will make a decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. This is the time when your attorney and the negligent insurance company of the driver exchange information that could support or undermine your claim. Your attorney will request copies of the documents to support your case. This includes police reports medical bills, as well as work loss documents from your employer (showing how much time you were absent due to the accident) photos of your vehicle as well as any injuries or damages, and other financial information. Your lawyer will also make use of documents for discovery in writing, such as interrogatories request for production, interrogatories and request for admissions to question witnesses and other parties that are not part of the case.

These written discovery tools are exchanged between attorneys from both sides. They give the opposing side a chance to respond to questions in writing, that must be answered under oath and to supply copies of certain documents or other information which could be beneficial to your case.

Your Long Island car accident lawyer will also be able to depose witnesses to the accident and also any person who has information about your injuries or damages that could be important to your case. During a deposition, the lawyer representing the party at fault will ask you a series of questions, and your responses will be recorded on video or transcribed by a court reporter.

These pretrial investigation procedures are designed to assist your lawyer build a compelling argument against the person at fault and their insurer to obtain an equitable settlement for all of your damages, expenses and losses. There is no guarantee of a settlement in every case however the majority of cases will settle during or following the investigation process, which is often done prior to trial.

4. Trial

Trials are possible when you and accident Law firms the insurance provider disagree on fault or the amount you should be awarded for your injuries. A trial is a formal proceeding where both parties are required to argue their case and provide evidence before a factfinder who will make an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any supporting evidence like photos or videos of the accident scene as well as testimony from witnesses and medical professionals, documents like police reports and bills. You can also testify regarding your memories of the incident and how it affected your life. Expert witnesses are also able to testify in support of your claims. The lawyer representing the defendant can cross-examine witnesses and challenge to the admissibility or validity of certain evidence.

At trial, the jury will determine if the plaintiff's injuries were the result of the negligence of the defendant. They will consider proximate cause an intricate legal concept that lawyers spend countless hours studying in law school. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury is also required to determine how much damages you will be awarded. This is a thorny issue due to the severity of your injuries and the extent of your losses. Your lawyer will provide evidence including expert testimony regarding the severity of your injuries, lost income and future earnings potential, as also your pain and suffering and impairment.

5. Settlement

Each state has a deadline within which you can settle your claim, or even file a lawsuit. This is referred to as the statutes of limitations. If your lawyer cannot negotiate a settlement with your insurer, you may have to start a lawsuit in the courtroom. It can be expensive and time-consuming. However, it is usually required to obtain compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where each side exchanges information with each other). Your lawyer 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 can be ongoing during this process. A majority of car accident civil disputes are resolved before a trial is needed.

Insurance companies are more likely to offer fair settlement offers if they believe your claim for injury is solid and you'll be willing to go to trial. Additionally settlement is quicker and less risky than a trial.

Before settling on a settlement, it is important to understand the extent of your injuries. You must also have completed all medical treatment. You could lose out on additional compensation if you accept an offer of settlement until your doctor has determined that you have reached the maximum level of improvement in your medical condition. Additionally, you should not sign a release until you have had a conversation with your lawyer and have an accurate understanding of your losses. Your attorney will ensure that you do not get a poor deal on compensation. They will carefully review your medical records and other evidence to ensure that you get the full amount of damages to which you are eligible.