25 Shocking Facts About Accident Compensation
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The First Steps in Car Accident Litigation
If the insurance company is refusing to provide the amount you need to cover your injuries, our determined attorneys will prepare an official demand letter. This will outline all your financial losses including medical expenses and lost wages, and other damages that are not economic, like pain and suffering.
A jury or judge will then make a decision. If they rule in your favor they will make you a victim and the defendant is required to pay them.
1. Gathering Evidence
In a lawsuit involving a car accident, proving negligence and liability is essential to receive compensation for your losses and injuries. Gathering evidence is one of the initial steps in the litigation process, and it requires gathering documents such as photographs, witness testimony as well as official reports like police reports.
Photographs of the scene of the accident can assist your attorney in determining what actually happened in the collision, including the location of both vehicles after collision, skid marks, road debris and other evidence that is physical. Also, take note of the names and contact details of any witnesses who witnessed what happened. It is important to have witnesses confirm the events took place, as it can often happen that drivers provide contradictory information that can lead to insurance companies refusing or denying responsibility.
Medical records can also be utilized by your lawyer to prove the extent of your injury. These documents may include receipts, bills as well as lab results, diagnosis reports, discharge guidelines and other forms of documentation. You should obtain these records as quickly as you can and give copies to your healthcare providers.
Another form of evidence your attorney could employ is a deposition which is out-of-court testimony given under oath, and then transcribed by a court reporter. Your lawyer may use the testimony to prove that your injuries have an immediate and obvious connection to the accident attorneys and, therefore, can justify the need for compensation for your damages. While the majority of these types of evidence are gathered at the Accident law firms scene or shortly afterward, some of it might not be accessible until later in the litigation process. This is why it's important to consult a highly-credentialed lawyer for car accidents as soon as you can so that they can begin the investigation as evidence is in its most pure form.
2. Making a Complaint
Once the dust has sunk and you've taken care of your injuries, it's time to seek out legal counsel from an expert. An attorney who has handled car accidents will be able to provide the expert advice you require to help you get the most compensation for your claim.
The first step is to file a complaint with court, which details the specific claims you're bringing and the amount you are seeking in damages. This document is typically drafted by your lawyer and filed with the court and served to the defendant.
This also begins the discovery phase that allows both sides to exchange information and documents related to their claims and defenses. The process can take a considerable time, and both teams will have to look over a variety of documents including police reports and witness statements. They might also have to look at medical records or bills, as well as other documents. Each side is able to request interrogatories. These are a series questions that the other side has to answer under oath within the timeframe specified.
Throughout this stage the lawyer will collaborate with doctors to ensure that they have a complete picture of the seriousness of your injuries and the impact they have had on your daily life. Your lawyer will calculate your total damages. This includes future and past medical expenses as well as lost wages, the pain and suffering of others, and many more.
Your lawyer could be able to negotiate a settlement with the insurance company of the driver at fault. This is likely to take place after the completion of discovery and before trial. If the insurance company refuses to offer a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, the case could go to trial. A judge or accident law firms jury will decide on the case based on the evidence presented.
3. Discovery
Discovery is the most crucial step in any car accident lawsuit in which your attorney and the negligent driver's insurance company exchange information that may help or hurt your claim. Your attorney will seek copies of all documents to support your claim. These documents include police reports medical bills, as well as work loss documents from your employer (showing the length of time you've missed because of the accident) photos of your vehicle, any injuries or damages as well as other financial data. Your attorney can also make use of tools for writing discovery, such interrogatories and requests for production to ask questions of witnesses and other parties who are not present.
These written discovery tools are distributed back and forth between attorneys on both sides. The tools for writing discovery give the opposing side an opportunity to answer questions in writing that need to be answered under oath. They also ask you to provide copies of other information that may be helpful to you.
Your Long Island car accident attorney will also depose witnesses and anyone who has information regarding your injuries or damages that could be vital to your case. During a deposition at-fault party's lawyer will ask you an array of questions and your answers will be recorded on video or transcribing by a court reporter.
The purpose of these pre-trial investigation procedures is to assist your lawyer to create a strong and compelling case to the at-fault party and their insurer, so that you are able to secure an adequate and fair settlement for your injuries, losses and Accident Law firms expenses. Although there is no assurance that all cases will settle but the majority settle either during or after the discovery process, which may be completed prior to the time your trial.
4. Trial
While the vast majority of car accidents are resolved through informal negotiations, if you and the insurance company do not agree on who is at fault or the amount you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal proceeding where both parties argue and present evidence to a factfinder who makes 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 present your version of events in opening statements to the jury, together with any evidence you have, including photos or video of the accident scene, testimony from bystanders and medical professionals, and documents like medical bills and police reports. You may also offer your testimony about your memories of the incident and how it has affected your life. Expert witnesses can also testify to back your assertions. The defendant's attorney can cross-examine witnesses and challenge the admissibility of certain evidence.
The jury will decide at trial whether the plaintiff's injuries was caused by the defendant's reckless behavior. They will look at the proximate cause, a complicated legal concept that law students spend hours studying. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff's injuries.
A jury must also decide the amount of damages you are entitled to. This is a complicated issue due to how severe your injuries are and the extent of your losses. Your attorney will provide evidence which includes expert testimony about the severity of your injuries, lost income and future earning potential, as well as your suffering and impairment.
5. Settlement
Each state sets a legal deadline, known as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer is not able to negotiate a settlement with your insurance company, you may be required to bring a lawsuit to court. It can be costly and time-consuming, but this is often necessary to get compensation.
During this process, your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and be present at hearings. Your lawyer will also submit legal documents, referred to as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations may continue throughout the entire process, and many civil disputes in car accidents settle before a trial needs to be held.
Insurance companies are more likely to make fair settlement offers if they believe your claim for injury is solid and that you will be willing to go to trial. Additionally the settlement process is faster and less risky than a trial.
It is important to fully understand the extent of your injuries prior to agreeing to the settlement. You must have completed all medical treatments. If you agree to a settlement before your doctor has determined you have reached maximum medical improvement (MMI) and you are not able to miss out on additional compensation. Don't sign a release before you have spoken to your lawyer about your injuries. Your lawyer will ensure you don't lose out on the valuable compensation. They will go through your medical records and other documentation to ensure that you are entitled to all damages you are entitled to.
If the insurance company is refusing to provide the amount you need to cover your injuries, our determined attorneys will prepare an official demand letter. This will outline all your financial losses including medical expenses and lost wages, and other damages that are not economic, like pain and suffering.
A jury or judge will then make a decision. If they rule in your favor they will make you a victim and the defendant is required to pay them.
1. Gathering Evidence
In a lawsuit involving a car accident, proving negligence and liability is essential to receive compensation for your losses and injuries. Gathering evidence is one of the initial steps in the litigation process, and it requires gathering documents such as photographs, witness testimony as well as official reports like police reports.
Photographs of the scene of the accident can assist your attorney in determining what actually happened in the collision, including the location of both vehicles after collision, skid marks, road debris and other evidence that is physical. Also, take note of the names and contact details of any witnesses who witnessed what happened. It is important to have witnesses confirm the events took place, as it can often happen that drivers provide contradictory information that can lead to insurance companies refusing or denying responsibility.
Medical records can also be utilized by your lawyer to prove the extent of your injury. These documents may include receipts, bills as well as lab results, diagnosis reports, discharge guidelines and other forms of documentation. You should obtain these records as quickly as you can and give copies to your healthcare providers.
Another form of evidence your attorney could employ is a deposition which is out-of-court testimony given under oath, and then transcribed by a court reporter. Your lawyer may use the testimony to prove that your injuries have an immediate and obvious connection to the accident attorneys and, therefore, can justify the need for compensation for your damages. While the majority of these types of evidence are gathered at the Accident law firms scene or shortly afterward, some of it might not be accessible until later in the litigation process. This is why it's important to consult a highly-credentialed lawyer for car accidents as soon as you can so that they can begin the investigation as evidence is in its most pure form.
2. Making a Complaint
Once the dust has sunk and you've taken care of your injuries, it's time to seek out legal counsel from an expert. An attorney who has handled car accidents will be able to provide the expert advice you require to help you get the most compensation for your claim.
The first step is to file a complaint with court, which details the specific claims you're bringing and the amount you are seeking in damages. This document is typically drafted by your lawyer and filed with the court and served to the defendant.
This also begins the discovery phase that allows both sides to exchange information and documents related to their claims and defenses. The process can take a considerable time, and both teams will have to look over a variety of documents including police reports and witness statements. They might also have to look at medical records or bills, as well as other documents. Each side is able to request interrogatories. These are a series questions that the other side has to answer under oath within the timeframe specified.
Throughout this stage the lawyer will collaborate with doctors to ensure that they have a complete picture of the seriousness of your injuries and the impact they have had on your daily life. Your lawyer will calculate your total damages. This includes future and past medical expenses as well as lost wages, the pain and suffering of others, and many more.
Your lawyer could be able to negotiate a settlement with the insurance company of the driver at fault. This is likely to take place after the completion of discovery and before trial. If the insurance company refuses to offer a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, the case could go to trial. A judge or accident law firms jury will decide on the case based on the evidence presented.
3. Discovery
Discovery is the most crucial step in any car accident lawsuit in which your attorney and the negligent driver's insurance company exchange information that may help or hurt your claim. Your attorney will seek copies of all documents to support your claim. These documents include police reports medical bills, as well as work loss documents from your employer (showing the length of time you've missed because of the accident) photos of your vehicle, any injuries or damages as well as other financial data. Your attorney can also make use of tools for writing discovery, such interrogatories and requests for production to ask questions of witnesses and other parties who are not present.
These written discovery tools are distributed back and forth between attorneys on both sides. The tools for writing discovery give the opposing side an opportunity to answer questions in writing that need to be answered under oath. They also ask you to provide copies of other information that may be helpful to you.
Your Long Island car accident attorney will also depose witnesses and anyone who has information regarding your injuries or damages that could be vital to your case. During a deposition at-fault party's lawyer will ask you an array of questions and your answers will be recorded on video or transcribing by a court reporter.
The purpose of these pre-trial investigation procedures is to assist your lawyer to create a strong and compelling case to the at-fault party and their insurer, so that you are able to secure an adequate and fair settlement for your injuries, losses and Accident Law firms expenses. Although there is no assurance that all cases will settle but the majority settle either during or after the discovery process, which may be completed prior to the time your trial.
4. Trial
While the vast majority of car accidents are resolved through informal negotiations, if you and the insurance company do not agree on who is at fault or the amount you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal proceeding where both parties argue and present evidence to a factfinder who makes 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 present your version of events in opening statements to the jury, together with any evidence you have, including photos or video of the accident scene, testimony from bystanders and medical professionals, and documents like medical bills and police reports. You may also offer your testimony about your memories of the incident and how it has affected your life. Expert witnesses can also testify to back your assertions. The defendant's attorney can cross-examine witnesses and challenge the admissibility of certain evidence.
The jury will decide at trial whether the plaintiff's injuries was caused by the defendant's reckless behavior. They will look at the proximate cause, a complicated legal concept that law students spend hours studying. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff's injuries.
A jury must also decide the amount of damages you are entitled to. This is a complicated issue due to how severe your injuries are and the extent of your losses. Your attorney will provide evidence which includes expert testimony about the severity of your injuries, lost income and future earning potential, as well as your suffering and impairment.
5. Settlement
Each state sets a legal deadline, known as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer is not able to negotiate a settlement with your insurance company, you may be required to bring a lawsuit to court. It can be costly and time-consuming, but this is often necessary to get compensation.
During this process, your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and be present at hearings. Your lawyer will also submit legal documents, referred to as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations may continue throughout the entire process, and many civil disputes in car accidents settle before a trial needs to be held.
Insurance companies are more likely to make fair settlement offers if they believe your claim for injury is solid and that you will be willing to go to trial. Additionally the settlement process is faster and less risky than a trial.
It is important to fully understand the extent of your injuries prior to agreeing to the settlement. You must have completed all medical treatments. If you agree to a settlement before your doctor has determined you have reached maximum medical improvement (MMI) and you are not able to miss out on additional compensation. Don't sign a release before you have spoken to your lawyer about your injuries. Your lawyer will ensure you don't lose out on the valuable compensation. They will go through your medical records and other documentation to ensure that you are entitled to all damages you are entitled to.
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