Notes

Why Nobody Cares About Accident Compensation
The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount of money you require for your injuries, our hard-working lawyers will draft a formal demand letter. This letter will detail all of your economic losses such as medical expenses and lost wages, as well as non-economic damages such as pain and discomfort.

Then, a judge or jury will then make a decision. If they come to a decision in your favor, you will be awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit the proof of negligence and liability is the most important aspect to obtain compensation for your losses and injuries. Collecting evidence is one the initial steps in the process of litigation, and it requires gathering documents including photographs, witness statements, and official reports such as police reports.

Photographs of the scene of the accident might help your attorney establish what happened during the collision, including the positions of both cars after impact, skid marks, road debris 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 account of what happened is crucial particularly since it can be common for drivers to give contradicting reports of what happened, which results in insurance companies refusing to accept the claim or deny responsibility altogether.

Other evidence forms your lawyer could utilize include medical records, which could include receipts, bills diagnostic reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. It is important to obtain these documents as soon as you can, and make sure to send copies to your healthcare providers.

Another form of evidence your lawyer could employ is a deposition which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. Your lawyer can utilize this testimony to prove that your injuries had a direct, foreseeable link to the accident. This is a good argument to support seeking compensation. Although the majority of the above types of evidence can be collected at the scene of the accident or within a short time after however, some evidence may not be accessible until later in the litigation process. It is crucial to contact an attorney in the case of a car crash with the right credentials immediately to start an investigation while the evidence is in its most pure form.

2. Making a Complaint

Once the dust has settled and you've treated your injuries, it's time to seek legal advice from a professional. A lawyer who has handled car accidents can provide you with the expertise to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims that you are making and the amount of money you are seeking in damages. This form is usually prepared by an attorney, and filed in court. It is also served to the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence that is related to their defenses and claims. The process can be long and requires both teams to go through a myriad of documents including police reports witnesses' statements, police reports medical records, bills and more. jacksonville accident lawsuit can request interrogatories. They are a set of questions which the other side must answer under oath in a specified time frame.

In this phase, your lawyer will also work closely with medical professionals to obtain an accurate picture of your injuries as well as the impact that 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 the pain and suffering of others, and many more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver who is at fault. This is most likely to occur after the completion of discovery and prior to trial. If the insurance company refuses a fair settlement or if the damage is substantial and not covered by insurance, you may need to go to trial. A jury or judge will make a decision on the case based on the evidence presented.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident in which your attorney and the insurance company of the negligent driver company exchange information that may assist or derail your claim. Your attorney will request copies of documents that support your case, such as police reports, medical bills and work loss records (e.g. the records from your employer showing the amount of time you were absent from work due to the accident), photographs of your vehicle, any damage or injuries or other pertinent financial information. Your attorney will also use written discovery tools such as interrogatories or requests for production as well as requests for admissions in order to question witnesses and parties who aren't present in the case.

These tools for discovery are exchanged between attorneys from both sides. They provide the opposing party the chance to respond to questions in writing, that must be sworn to under oath, and to provide copies of certain documents or other information that may be relevant to your case.

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

The goal of these pre-trial investigation procedures is to allow your lawyer to create an argument that is persuasive and strong to the at-fault party and their insurer in order that you can get an equitable and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases will settle, the majority do either during or after the discovery process, which can be completed before your trial.

4. Trial

Although the majority of car accident cases are settled through informal negotiations If you and the insurance company aren't in agreement on the cause or the amount you are entitled to for your injuries, your case may go to trial. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder, who issues a decision which settles the dispute. In personal injury cases the factfinder is typically a jury.

During the trial the lawyer will present your version of events in your opening statements to the jury, together with any evidence you have, such as pictures or videos of accident scene, witness testimony from witnesses and medical professionals, and documents such as police reports and medical bills. You can also testify about your personal memories of the incident and how it impacted your life. Expert witnesses can also testify to support your claims. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of certain evidence.


At trial, the jury will decide whether the plaintiff's injuries were the result of the negligence of the defendant. They will look at the proximate causes, which is a complicated legal concept that law school students spend hours studying. Proximate causes considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you are entitled to. This is a thorny issue due to how severe your injuries are and the extent of your losses. Your lawyer will provide evidence, including expert testimony, regarding the severity of injuries, lost income and future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Each state has a specific legal deadline, commonly referred to as the statute of limitations, that you must meet to settle your claim or make a claim. If your lawyer cannot negotiate a settlement with your insurer, you could be required to file a lawsuit in court. It can be time-consuming and costly, however it is usually necessary to pursue compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a process formal where 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 like excluding certain types of evidence from trial. Settlement negotiations can go on throughout the entire process, and a lot of car accident civil disputes end before a trial has to be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is legitimate and you'll be willing to take the case to trial. Additionally, the settlement process is faster and less risky than a trial.

Before agreeing to a settlement, it is important to understand the severity of your injuries. You must also have completed all medical treatment. If you settle before your doctor determines that you have reached your maximum medical improvement (MMI) it is possible to miss out on additional compensation. Also, you should not sign a release until you have talked to your lawyer and had full understanding of your losses. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records as well as other documents to ensure that you get the full amount of damages for which you are eligible.

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