Notes

25 Unexpected Facts About Accident Compensation
The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you need for your injuries, our hard-working lawyers will draft an official demand letter. The letter will list all of your financial damages such as medical expenses and lost wages as well as non-economic damages like discomfort and pain.

Then, a judge or jury will make a decision. If they make a decision in your favor, you will be 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 in obtaining compensation for your injuries. Collecting evidence is one the initial steps in the litigation process, and it involves gathering documents such as photographs, witness testimony, and official reports, such as police reports.

Your attorney may be able to determine what transpired in the incident by taking photographs of the scene, including skid marks and road debris as well as other physical evidence. Record the names and phone numbers of any witnesses who saw the events. It is essential that witnesses confirm the events took place, as it can often be the case that drivers will give contradictory stories that lead to insurance companies refusing or denying the liability.

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

Another form of evidence your attorney may employ is a deposition which is an out-of court testimony delivered under oath and recorded by a court reporter. The lawyer can use this evidence to prove your injuries had a direct, foreseeable link to the accident. This is a good argument to support the need for compensation. Most of the evidence discussed above can be gathered at the site of the crash or shortly after, but some may not be available until later in the legal process. This is why it's vital to talk to a reputable car accident lawyer as soon as possible, so that they can begin an investigation while the crucial evidence is in its purest form.

2. Making a Complaint

Once the dust has settled and you've treated your injuries, it's the time to seek out legal counsel from an expert. A lawyer from a car accident can give you the experience to maximize your compensation.

The first step is filing an application with the court. It will describe your specific claims and the amount of money you want to recover in damages. This form is usually prepared by an attorney and filed in the court. It will also be given to the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can take a long time and requires both parties to examine a variety of documents, including police reports as well as witness statements, medical records, bills and more. Each side may require interrogatories. These are a set of questions which the other party must answer under oath within a specified deadline.

During this stage, you lawyer will also collaborate with your doctor to get an accurate picture of your injuries and the impact they've caused on your life. Your lawyer will then estimate your total damages that will include the past and future medical costs loss of earnings, suffering and pain, and more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver who is at fault. This is more likely to occur after discovery and before the trial. However, if the insurance company is unable to offer a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, your case could go to trial. A jury or judge will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident where your lawyer and the negligent driver's insurance company exchange information that may support or damage your claim. Your attorney will request copies of the documents to support your claim. These include police reports as well as medical bills and work loss documents from your employer (showing the length of time you've missed because of the accident), photos of your vehicle damaged or injured and financial information. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to inquire into parties and witnesses who are not present.

These written discovery tools are exchanged between attorneys from both sides. Written discovery tools allow the other side an opportunity to answer questions in writing that need to be answered under oath. It also allows you to provide copies of other information that could be helpful to you.

Your Long Island car accident attorney will also question witnesses and any other person with information about the damages or injuries you sustained that could be vital 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.


The goal of these pretrial investigation processes is to enable your lawyer to construct a strong and compelling case to the responsible party and their insurer, so that you can receive an adequate and fair settlement for your losses, injuries and expenses. While there is no guarantee that every case will settle but the majority settle during or after the discovery process, which can be completed before the case goes to trial.

4. Trial

Although the majority of car accident cases settle through negotiations outside of court, if you and the insurance company do not agree on who is at fault or the amount of compensation you should receive for your injuries, your case could go to trial. A trial is an official proceeding where both parties are required to argue their case and provide evidence before an impartial factfinder who takes an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it, such as photos or videos of the scene of the accident witness testimony, statements from witnesses and medical professionals, or documents like police reports and bills. You can also testify regarding your personal memories of the incident and how it affected your life. Expert witnesses can also offer evidence to support your claims. The attorney for the defendant can interrogate witnesses and contest the admissibility of certain evidence.

At trial, the jury has to decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will consider proximate cause an intricate legal concept that lawyers spend many hours studying in law school. Proximate cause considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to decide how much compensation you should receive. It's a difficult issue because it depends on the severity of your injuries and the amount to which you've suffered. Your lawyer will present evidence which includes expert witness testimony on the severity of your injuries, your loss of income, as well as future earnings potential in addition to your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Each state has a specific deadline within which you can settle your claim or file an action. This is known as the statutes of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you may need to file a car accident lawsuit in the court. This could be a lengthy process and expensive, yet it is usually necessary to pursue compensation.

During this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and be present at hearings. Your attorney will also file legal documents, known as motions, which ask the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are settled prior to a trial.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is strong and that you will be willing to take the case to trial. In addition, the settlement process is more efficient and less risky for them than a trial.

pawtucket accident lawyer is important to fully understand your injuries before you agree to an agreement. You must have completed all medical treatment. You could lose out on additional compensation if you sign the settlement until your physician has determined that you have attained the maximum medical improvement. Don't sign an agreement until you have spoken with your lawyer and received an accurate understanding of your losses. 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 are entitled to all the compensation you're entitled to.

Website: https://vimeo.com/709757872