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Accident Compensation: 10 Things I'd Like To Have Known Earlier
The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal letter of demand if the insurance company refuses to pay you the amount you require for your injuries. 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.


A jury or judge will then take a call. If they decide to your advantage, you are awarded damages and the defendant must pay them.

1. Gathering Evidence

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

Your lawyer might be able to establish what happened during the incident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Also, keep track of the names and phone numbers of any eyewitnesses who witnessed the incident. Having witnesses testify that corroborate your version of what happened is crucial especially as it can be common for drivers to have contradictory accounts of what happened that can lead to insurance companies refusing to accept the claim or denying responsibility completely.

Other evidence that your lawyer could utilize include medical records, which can include receipts, bills diagnose reports, lab results, discharge instructions, and other evidence that demonstrates the extent of your injuries. You should seek these records as soon as possible, and make sure to send copies to your medical professionals.

Another type of evidence that your attorney might use is a deposition, which is an out-of-court testimonies given under oath and transcribed 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 which can help justify compensation for your injuries. While the majority of the above kinds of evidence can be obtained at the scene or shortly afterward but some of the evidence might not be accessible until later in the litigation process. It's crucial to speak with an attorney for car accidents with the appropriate credentials immediately to begin an inquiry while the evidence is in its purest form.

2. Filing a Complaint

When the dust has cleared and you've treated your injuries, it's time to seek professional legal advice. A lawyer for car accidents will provide the knowledge and expertise to help you obtain maximum compensation for your claim.

kentucky accident attorneys is to file a complaint with court, which details the specific claims you're making and the amount of money you're seeking in damages. The document is usually written by your attorney and filed with the court and served on the defendant.

It also kicks off the discovery phase which allows both sides to exchange information and documents related to their claims and defenses. The process can take a long time and both teams will be required to examine a large number of documents, including police reports and witness statements. They might also need to look at medical records, bills, and other documents. Each side may request interrogatories, which are a set of questions that each party must answer under oath by a predetermined time frame.

During this stage, you lawyer will also collaborate with doctors to gather an accurate picture of your injuries and the impact they've affected your life. Your lawyer will estimate the total damages. This will include any future medical expenses and lost wages, as well as suffering and pain, and much more.

Sometimes, your lawyer may be able to negotiate a settlement with the at-fault driver's insurance company. It is likely to occur after the completion of discovery and prior to trial. If the insurance company is unable to offer a fair settlement or if you've incurred significant damages that are not covered by the insurance policy, the case may go to trial. A jury or judge will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and the negligent insurer of the driver exchange information that could support or undermine your claim. Your attorney will request copies of documents that support your case, such as medical bills, police reports as well as work loss records (e.g., from your employer indicating the amount of time you were absent from work because of the accident) photos of your car and any injuries or damage, and other relevant financial information. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and other parties who are not present.

The written discovery tools are circulated back and forth between the attorneys for both sides. The written discovery tools provide the opposing side an opportunity to answer questions in writing, which must be answered under oath. They also ask you to provide copies or other information that could be useful to you.

Your Long Island car accident attorney will also depose witnesses and anyone who has information about the damages or injuries you sustained that could be vital to your case. During a deposition, the lawyer representing the at-fault party will ask you questions and your answers will be recorded on video by a court reporter or transcribed.

These pretrial investigation procedures are designed to assist your lawyer create a compelling argument against the person at fault and their insurance company in order to obtain an equitable settlement for all your losses, injuries or losses, as well as expenses. There is no guarantee of a settlement in each case however, the majority of cases do so after or during the investigation process, which usually completed before the trial.

4. Trial

The majority of car accidents are settled through informal negotiations, 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 could go to trial. A trial is a formal hearing in which both sides present arguments and evidence to a factfinder, who issues a decision that resolves the dispute. In personal injury cases the factfinder is usually a jury.

During the trial your lawyer will be able to explain your story in your opening statements to the jury, as well as any other evidence that you have, like images or videos of the accident scene, testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You may also offer your testimony regarding your recollection of the incident and how it impacted your life. Expert witnesses are also able to testify in support of your claims. The defendant's lawyer can cross-examine the witnesses and object to admissibility of some evidence.

At trial, the jury must decide whether the plaintiff's injuries were the result of the defendant's negligence. They will look at the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate cause 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're entitled to. This is another complicated issue due to the severity of your injuries and the extent of your losses. Your attorney will present your evidence, including expert witness testimony on the severity of your injuries, your loss of income and future earnings potential, as well as your pain and suffering disfigurement, impairment, and.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations, in which you must settle your claim or file a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you might require filing a car accident lawsuit in court. It can be expensive and time-consuming, but this is often necessary to get compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a procedure that is formal in which each side exchanges information with one another). Your lawyer will also make legal filings, also known as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can continue throughout this process. A majority of car accident civil disputes are resolved prior to a trial.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is strong and that you will be willing to take the case to trial. Additionally settlement is quicker and less risky than a trial.

It is vital to understand your injuries prior to committing to the settlement. You must also have completed all medical treatments. It is possible to lose additional compensation if you sign the settlement before your doctor has determined that you have reached the maximum level of improvement in your medical condition. You should also not sign a release until you have had a conversation with your lawyer and had a complete understanding of your losses. Your lawyer will make sure that you don't get a poor deal on compensation. They will go through your medical records, as well as other documentation, to ensure that you receive all the damages you are entitled to.

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