20 Myths About Accident Compensation: Debunked

The First Steps in Car accident law firms Litigation

If the insurance company refuses to pay the amount of money you require for your injuries, our tenacious lawyers will draft an official demand letter. The letter will outline all of your financial losses such as medical expenses, lost wages, as in addition to non-economic damages such as discomfort and pain.

Then the judge or jury will decide. If they decide in your favor, they will be able to award you damages, and the defendant has 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. The first step in the lawsuit process is to collect evidence. This includes photos, documents, witness testimony, official reports, including police reports and other official reports.

Your lawyer may be able to establish what happened in the incident by taking photographs of the scene, including skid marks and road debris as well as other physical evidence. Also, keep track of the names and contact numbers of any witnesses who witnessed what happened. It is important to have witnesses who can confirm the events that were actually happening, as it may often be the case that drivers offer contradictory information that can lead to insurance companies denying or refusing responsibility.

Medical records can also be utilized by your lawyer to establish the severity of your injuries. These documents could include receipts, bills as well as lab results, diagnosis reports, discharge instructions, and other forms of documentation. You should seek these documents as soon as is possible and ensure that you send copies to your healthcare professionals.

A deposition is yet another type of evidence that your attorney can make use of. It is a non-in court statement made under oath, and then transcribed by a Court Reporter. Your lawyer may use the testimony to prove that your injuries have an immediate and predicable connection to the accident which can help justify the compensation you deserve for your damages. Although the majority of the above types of evidence can be collected at the scene of the accident or shortly afterward but some of the evidence might not be accessible until later in the litigation process. This is why it's vital to contact a reputable car accident lawyer as soon as you can so that they can begin an investigation while vital evidence is still 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 expert legal advice. A car accident lawyer can give you the experience to maximize your compensation.

The first step is to file a complaint with court, which lists the specific claims that you're bringing and the amount you are seeking in damages. This document is usually drafted by an attorney, and filed in court. It is also served on the defendant.

The discovery phase starts by allowing both parties to share information about their defenses and claims. The process can take a long time and both teams will have to look over a variety of documents, including police reports and witness statements. They may also have to review medical records or bills, as well as other documents. Each side is able to request interrogatories. They are a set of questions which the other side must answer under oath within the specified timeframe.

During this stage, you lawyer will also collaborate with doctors to get a full picture of your injuries and the impact they've affected your life. Your lawyer will calculate your total damages. This includes future and past medical expenses, lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer may be able to negotiate a settlement with the at-fault driver's insurance company. This is likely to occur following the conclusion of discovery and before trial. If the insurance company refuses an acceptable settlement, or if your damages are significant and not covered by insurance, then you may have to go to trial. A judge or jury will make a final decision in the case based on all the evidence presented.

3. Discovery

Discovery is an important phase 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 undermine your claim. Your attorney will request copies of documents to support your case. These include police reports medical bills, work loss records from your employer (showing how much time you were absent due to the accident) photos of your vehicle and any damages or injuries and financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to question witnesses and witnesses who are not present.

These written discovery tools are exchanged between attorneys from both sides. They give the opposing party the opportunity to answer questions in writing, which have to 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 people who are witnesses to the collision and anyone with information on your injuries or damages that could be pertinent to your case. During a deposition the lawyer of the at-fault person will ask you questions, and your answers will be recorded on video by a court reporter or transcribed.

The goal of these pretrial investigation processes is to enable your lawyer to construct an argument that is persuasive and strong to the at-fault party and their insurer so that you can secure a full and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in every case, but the majority of cases do so during or after the investigation process, which is often completed before the trial.

4. Trial

Although the majority of car accident cases settle through negotiations outside of court, if you and the insurance company aren't in agreement on the cause or how much compensation you are entitled to for your injuries, your case could be heard in a trial. A trial is a formal proceeding where both sides submit arguments and evidence to a factfinder who renders a verdict that settles the dispute. In personal injury cases the factfinder is typically a jury.

During the trial, your lawyer will present your version of events in your opening statements to the jury together with any evidence that you have, like photographs or videos of the accident scene, testimony from bystanders and medical professionals, as well as documents such as police reports and medical bills. You can also give your testimony regarding your memories of the incident and how it has impacted your life. Expert witnesses will also provide evidence to support your claims. The defendant's lawyer can cross-examine witnesses and challenge to admissibility of some evidence.

The jury will decide in the trial if the plaintiff's injury was the result of the defendant's reckless behavior. They will be examining proximate causes, a complicated legal concept that lawyers spend many hours studying during law school. Proximate causes focuses on the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury must also decide how much compensation you should receive. It's also a complex matter because it is based on the severity of your injuries as well as the degree to which you've suffered. Your attorney will present your evidence which includes expert witness testimony about the severity of your injuries, your lost income and future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a legal deadline, commonly referred to as the statute of limitations in which you must settle your claim or make a claim. If your lawyer is not able to negotiate a settlement with your insurance company, you may be required to bring a lawsuit to court. This can be time consuming and costly, but it is usually necessary to pursue compensation.

During this procedure, your Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and be present at hearings. Your lawyer will also file legal documents referred to as motions asking the court to consider the exclusion of certain types of evidence during trial. Settlement negotiations can continue during this process. Many car accident civil disputes are settled before a trial is necessary.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is solid and that you are willing to go to trial. Settlement is faster and less risky than the court trial.

Before you agree to a settlement, it is important to understand the extent of your injuries and completed all medical treatments. You could lose out on additional compensation if you accept a settlement until your doctor has determined that you have reached the level of medical improvement that is the highest. Also, you should not sign the release until you've spoken with your lawyer and had an understanding of all damages. Your lawyer will ensure that you don't miss out on a substantial amount of compensation. They will scrutinize your medical records, as well as other documentation, to ensure that you receive all of the damages for which you qualify.