4 Dirty Little Tips On The Accident Compensation Industry
The First Steps in Car Accident Litigation
Our determined lawyers will draft a formal demand letter if the insurance company refuses to pay you the amount you need for your injuries. This will outline all your financial damages including medical expenses and lost wages, as well as non-economic damages like suffering and pain.
A jury or judge will then make a decision. If they rule to your advantage, you are awarded damages and the defendant will be required to pay them.
1. Gathering Evidence
In a car accident lawsuit the proof of negligence and liability is crucial to get compensation for your injuries and losses. 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 attorneys could assist your attorney in determining what actually transpired in 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 numbers of any witnesses who witnessed the incident. It is crucial to have witnesses corroborate the events that took place, since it can often be the case that drivers offer contradictory accounts that lead to insurance companies refusing or denying the liability.
Medical records can also be utilized by your lawyer to prove the extent of your injury. They could include bills, receipts and lab results, diagnose reports, discharge guidelines and other documentation. You should seek these documents as soon as you can and ensure that you give copies to your healthcare providers.
A deposition is yet another type of evidence your lawyer can utilize. It is a non-in court testimony given under oath, which is then translated by a court reporter. The lawyer can make use of the testimony to prove that your injuries have had a direct and foreseeable connection to the accident, which helps justify requesting compensation for your injuries. Most of the evidence mentioned above can be obtained at the scene of the accident or within a short time however, some might not be available until later in the litigation. This is why it’s crucial to speak with a well-credentialed car accident lawyer as soon as you can so that they can begin investigating while the crucial evidence is in its most pure form.
2. Making a Complaint
After the dust has settled and you’ve taken care of your injuries, seek legal advice from a professional. A lawyer from a car accident law firm can give you the experience to maximize your compensation.
The first step is to file a complaint with court, which details the specific claims that you are making and the amount you’re seeking in damages. The document is usually written by your lawyer and filed with the court, and then served to the defendant.
The discovery phase begins, allowing both parties to share information regarding their defenses and Accident Attorneys claims. The process can take a long time, and both teams will need to review a lot of documents, including police records and witness statements. They might also have to review medical documents, bills, and other documents. Each side may ask for interrogatories, which are a set of questions which the other party must answer under oath, within a specific timeframe.
In this phase your lawyer will collaborate with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they’ve affected your daily routine. Your lawyer will determine your total damages. This will include any future medical expenses including lost wages, pain and suffering and more.
Sometimes, your lawyer may be able to reach an agreement with the at fault driver’s insurance company. This is likely to occur after the completion of discovery, but before trial. If the insurance company doesn’t agree to an acceptable settlement, or if your losses are significant and are not covered by insurance, then you may be required to appear in court. A judge or jury will decide the case based on the weight of all evidence.
3. Discovery
Discovery is a crucial phase in any car accident case. This is when your attorney and the negligent insurer for the driver exchange information that could support or hurt your claim. Your attorney will request copies of the documents to support your case. These include police reports medical bills, as well as work loss records from your employer (showing how much time you’ve missed due to the accident) photographs of your vehicle, any injuries or damages and other financial details. Your attorney may also use written discovery tools, such as interrogatories and requests for production to question parties and witnesses who are not present.
These discovery tools written in writing are circulated back and forth between the attorneys on both sides. They give the opposing side an opportunity to reply to questions in writing, that must be sworn to in oath and to provide copies of certain documents or other information that may be relevant to your case.
Your Long Island car accident lawyer will also depose people who are witnesses to the accident and also anyone with information regarding your injuries or damages that could be relevant to your case. In a deposition, the lawyer representing the party at fault will ask you an array of questions and your answers will be recorded on video or transcribed by a court reporter.
These pretrial investigation processes are designed to assist your lawyer create a compelling argument against the person at fault and their insurer to negotiate an equitable settlement for all your losses, injuries and losses, costs and expenses. While there is no guarantee that every case will settle however, the majority settles either during or after the discovery process, which may be completed before your case goes to trial.
4. Trial
Trials are a possibility in situations when you and the insurance company do not agree on the source of your fault or the amount of compensation you should receive for your injuries. A trial is an official process where both parties are required to present their arguments and evidence to an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.
Your lawyer will present to the jury your version of the events during the trial. This will include any evidence supporting it like photos or videos of the accident scene or testimony from witnesses, medical professionals, or documents like police reports and bills. You may also testify on your memories of the incident and how it affected your life. Expert witnesses can also give evidence to support your assertions. The lawyer of the defendant may cross-examine witnesses and object to the admissibility or validity of certain evidence.
In a trial, the jury must decide whether the plaintiff’s injuries were the result of the negligence of the defendant. They will consider the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate cause considers the degree of connection between the actions of the defendant and the plaintiff’s injuries.
A jury must also decide the amount of damages you are entitled to. It is also a complicated matter because it is based on the severity of your injuries and the degree to which you’ve suffered. Your lawyer will present evidence that includes expert testimony regarding the severity of injuries as well as lost income and future earning potential, in addition to your pain and suffering as well as impairment.
5. Settlement
Each state sets a legal deadline, known as the statute of limitations, that you must meet to settle your claim or file a lawsuit. If your lawyer is unable to negotiate a settlement with the insurer, you may have to make a court filing. It is costly and time-consuming. However, it is often necessary to get compensation.
During this procedure you and your Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and attend hearings. Your attorney will also prepare legal documents, also known as motions, which ask the court to do things such as excluding certain types evidence from trial. Settlement negotiations can continue throughout this process. A majority of car accident civil disputes are resolved before trial is required.
If they believe your injury claim is legitimate and you are willing to go to trial the insurance company will offer an appropriate settlement offer. The settlement process is also quicker and less risky than a court trial.
It is vital to be aware of your injuries prior to committing to an agreement. You must have completed all medical treatment. If you agree to a settlement before your doctor has determined you have reached maximum medical improvement (MMI) then you could not be eligible for additional compensation. You should also not sign a contract before you have consulted with your lawyer regarding your damages. Your lawyer will make sure that you don’t miss out on a substantial amount of compensation. They will scrutinize your medical records, as well as other documents to ensure that you are entitled to all the damages you are entitled to.