7 Small Changes That Will Make An Enormous Difference To Your Accident…

The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount of money you require for your injuries, our determined lawyers will draft an official demand letter. This will include all of the economic losses you have suffered including medical expenses and lost wages, as well as other damages that are not economic, like pain and suffering.

Then a judge or jury will decide. If they decide to your advantage you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit that involves an automobile accident it is essential to prove negligence to receiving compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports, including police reports and Accident Attorney other official reports.

Your lawyer might be able to determine what transpired in the accident by taking pictures of the scene, including skid marks, road debris and other physical evidence. Also, keep track of the names and phone numbers of any eyewitnesses who saw the incident. It is crucial that witnesses to verify the events that took place, since it can often be the case that drivers offer contradictory statements that result in insurance companies refusing to accept or deny liability.

Other evidence forms your lawyer could utilize include medical records, which can include bills, receipts, diagnosis reports, lab results, discharge guidelines, and other documents that show the severity of your injuries. It is important to obtain these records as soon as you can and ensure that you provide copies to your healthcare providers.

A deposition is another form of evidence your lawyer may utilize. It's an out-of court testimony given under oath and later recorded by a Court Reporter. Your lawyer may use the testimony to prove the fact that your injuries had an immediate and predicable connection to the accident and can be used to justify the compensation you deserve for your damages. While most of the above-mentioned types of evidence are gathered at the accident scene or shortly afterward however, some evidence may not be accessible until later in the litigation process. This is why it's crucial to contact a reputable lawyer for car accidents as soon as you can so that they can begin the investigation while vital evidence is still in its purest form.

2. Making a complaint

After the dust has settled and you've treated your injuries, it's the time to seek expert legal advice. A car accident attorney can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is filing an application with the court. This document will outline your specific claims and the amount of money you'd like to claim in damages. The document is usually written by your attorney and filed with the court, and then served to the defendant.

The discovery phase starts, allowing both parties to share information regarding their defenses and claims. The process can take a long time and both teams will need to review a lot of documents, including police reports and witness statements. They might also need to examine medical documents, bills, and other documents. Each side can request interrogatories. These are a series of questions which the other side must answer under oath in the timeframe specified.

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

Sometimes, your lawyer might be able to reach an agreement with the at-fault driver's insurance company. This is most likely to take place after the completion of discovery and before trial. If the insurance company does not agree to an equitable settlement, or if the damages are substantial and not covered by insurance, then you might be required to go to trial. A jury or judge will decide on the case based on the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit where your lawyer and the negligent driver's insurance company exchange information that could support or damage your claim. Your attorney will ask for Accident Lawsuits documents that can support your case, including police reports, medical bills and work loss records (e.g. an email from your employer which reveals how long you missed work due to the accident) photos of your vehicle and any injuries or damages or other pertinent financial information. Your attorney 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 parties who are not part of the case.

These written discovery tools are distributed back and forth between the attorneys for both sides. They give the opposing side a chance to respond to questions in writing, which have to be sworn to under oath, and to supply copies of specific documents or other information that could be useful to your case.

Your Long Island car accident attorney will also depose witnesses as well as any other person with information about the damages or injuries you sustained that could be important to your case. During a deposition the lawyer representing the at-fault party will ask you questions and your responses could be recorded on video by a court reporter or transcribing.

These pretrial investigation processes are designed to assist your lawyer develop a convincing case against the person who is at fault and their insurer to negotiate an equitable settlement for all your injuries and losses, costs and expenses. There is no assurance of a settlement in every case, but most do so after or during the investigation process, which is often concluded prior to the trial.

4. Trial

Trials are possible in cases when you and the insurance company disagree on the source of your fault or the amount you are entitled to for your injuries. A trial is an official proceeding where both parties are required to argue their case and provide evidence before a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will be able to explain your story in opening statements to the jury, along with any supporting evidence that you have, like photos or video of the accident scene, witness testimony from bystanders and medical professionals, as well as documents such as police reports and medical bills. You can also provide testimony about your memories of the incident and how it has impacted your life. Expert witnesses are also able to testify in support of your claims. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of certain evidence.

In a trial, jurors must decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will look at the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you are entitled to. It's also a complex issue because it depends on the degree of your injuries and the degree to which you've suffered. Your attorney will provide evidence including expert testimony regarding the severity of injuries loss of income, future earning potential, in addition to your pain and suffering as well as impairment.

5. Settlement

Each state has a specific deadline within which you can settle your claim or file an action. This is referred to as the statutes of limitations. If your lawyer is unable to come to a deal with the insurance company, you may be required to make a court filing. It is costly and time-consuming. However, it is usually required to obtain compensation.

During this procedure during this process, your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents referred to as motions to ask the court for specific things such as the exclusion of certain kinds of evidence during trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are settled prior to a trial.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is solid and that you'll be willing to go to trial. Settlement is quicker and less risky than an in-court trial.

Before agreeing to a settlement, it is important that you fully understand the extent of your injuries and that you have completed all medical treatments. You may not receive additional compensation if you agree to the settlement before your doctor has concluded that you have reached the maximum medical improvement. Don't sign a release until you have had a conversation with your lawyer and had an accurate understanding of your damages. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will review your medical records as well as other documents, to ensure that you receive all damages for which you qualify.