10 Apps That Can Help You Manage Your Accident Compensation

The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you need to cover your injuries, our hard-working attorneys will prepare an official demand letter. The letter will outline all of your financial damages such as medical costs and lost wages, as well as non-economic damages like discomfort and pain.

Then a judge or jury will then make a decision. If they decide in your favor they will make you a victim and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit that involves an automobile accident, proving negligence is vital to receiving compensation for your injuries. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports, including police reports and other official reports.

Photographs of the scene of the accident can assist your attorney in determining what happened during the crash, including the position of both cars following the impact, skid marks road debris and other evidence that is physical. Also, keep track of the names and contact details of any eyewitnesses who witnessed the incident. Witnesses who testify to corroborate your version of the events is essential particularly since it can be common for drivers to have contradictory stories of what happened. This can lead to insurance companies refusing to accept the claim or deny the responsibility completely.

Medical records can also be used by your lawyer to demonstrate the extent of your injury. They could include bills, receipts and lab results, diagnose reports, discharge instructions and other documents. It is essential to get these records as soon as you can and send copies to your healthcare providers.

Another form of evidence your attorney might use is a deposition, which is out-of-court testimony given under oath and recorded by a court reporter. The lawyer can utilize the testimony to prove that your injuries have a direct and foreseeable connection to the accident attorney which can help justify compensation for your injuries. While most of the above-mentioned types of evidence are taken at the scene of the accident or shortly afterward however, some evidence may not be accessible until later in the litigation process. This is the reason it's essential to talk to a reputable car accident lawyer as soon as you can so that they can begin an investigation when the evidence is in its purest form.

2. Filing a Complaint

When the dust has cleared and you have tended to your injuries, it's the time to seek professional legal advice. A car accident lawyer can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint with the court. It will describe your specific claims as well as the amount of money you wish to recover in damages. This form is usually prepared by an attorney and then filed in court. It will also be given to the defendant.

The discovery phase starts by allowing both parties to exchange information about their claims and defenses. The process can take a considerable duration and both teams will have to look over a variety of documents including police reports and witness statements. They might also have to review medical documents, bills, and other documents. Both sides can request interrogatories. These are a series questions which the other side must answer under oath within an agreed upon timeframe.

In this stage your lawyer will collaborate with doctors to ensure that they have a complete picture of the severity of your injuries as well as the impact they have had on your daily life. Your lawyer will then estimate the total damages you have suffered, which will include past and future medical expenses as well as lost earnings, pain and suffering and much more.

Your lawyer could be able to reach a settlement agreement with the insurance company of the driver at fault. This will most likely be the case following the completion of the discovery process and prior to trial. If the insurance company refuses to offer a fair settlement or if you have incurred significant losses that aren't covered by the insurance policy, your case could be referred to trial. A jury or judge will make a final decision in the case based on all of the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is where your attorney and the negligent insurer of the driver share information that could either support or hurt your claim. Your attorney will ask for copies of the documents that support your case, including police reports, medical bills as well as work loss records (e.g. the records from your employer indicating the amount of time you were absent from work due to the accident), photographs of your vehicle and any damages or injuries or other pertinent financial information. Your attorney may also employ written discovery tools such as interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.

These tools for writing discovery are used to exchange information between attorneys on both sides. The written discovery tools provide the opposing party a chance to respond to questions in writing that must be answered under oath. It also allows you to provide copies or other information that could be useful to you.

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

The purpose of these pre-trial investigation procedures is to help your lawyer to build a strong and compelling case to the at-fault party and their insurer so that you can secure a fair and accident lawyer complete settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case however, the majority of them will settle during or following the investigation process, which usually concluded prior to the trial.

4. Trial

Although the majority of car accidents settle through negotiations outside of court, if you and the insurance company do not agree on who is at fault 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 present arguments and evidence before an impartial factfinder who takes an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will explain your story in opening statements to the jury, together with any evidence you have, including photos or video of the accident scene, witness testimony from bystanders and medical professionals, as well as documents like medical bills and police reports. You can also provide testimony regarding your memory of the incident and how it had an impact on your life. Expert witnesses can also testify to back your claims. The lawyer for the defendant can cross-examine the witnesses and object to the admissibility of certain evidence.

The jury will determine at trial if the plaintiff's injury was the result of the defendant's negligence. They will be looking at the proximate causality, a nebulous 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 also has to decide the amount of damages you are entitled to. It is also a complicated issue because it is contingent on the extent of your injuries and the extent to which you've suffered. Your lawyer will present evidence that includes expert witness testimony regarding the severity of your injuries, your lost income, and your future earnings potential in addition to your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state has a deadline within which you can settle your claim or file an action. This is known as the statute of limitations. If your lawyer can't reach a settlement with the insurer, you could be required to start a lawsuit in the courtroom. This could be a lengthy process and costly, but it is often necessary to pursue compensation.

During this procedure, 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 file legal documents called motions to ask the court for certain things, such as the exclusion of certain kinds of evidence during trial. Settlement negotiations can be ongoing throughout the entire process, and most civil disputes arising from car accidents end before a trial has to be held.

Insurance companies are more likely to make fair settlement offers if they believe your claim for injury is solid and you'll be willing to go to trial. In addition, settlement is quicker and accident lawyer less risky for them than a trial.

Before you agree to a settlement, it is crucial to fully comprehend the extent of your injuries and completed all medical treatments. If you sign a settlement before your doctor has determined you have reached your maximum medical improvement (MMI) and you are not able to not receive additional compensation. Don't sign the release until you've had a conversation with your lawyer and received an accurate understanding of your losses. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will scrutinize your medical records and other documentation, to ensure that you receive all of the compensation you're entitled to.