Notes

The Ugly Truth About Accident Compensation
The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official letter of demand if the insurance company is unable to pay the amount you need to cover your injuries. The letter will outline all of your financial damages such as medical expenses, lost wages as also non-economic damages such as pain and discomfort.

A jury or judge will then take a call. If they decide in your favor, they will be able to award you damages, and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is essential to receive compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports such as police reports, and other official reports.


Your lawyer may be able to determine what happened in the accident by taking photos of the scene, which include skid marks and road debris as well as other physical evidence. Also, note the names and phone numbers of any witnesses who were present at what occurred. Witnesses that testify to support your version of the events is essential as it could be common for drivers to have contradictory stories of what happened. This results in insurance companies refusing to accept the claim or even denying any responsibility at all.

Other forms of evidence your lawyer could use 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 records as soon as possible and give copies to your healthcare providers.

high point accident law firm of evidence that your attorney might make use of is a deposition which is a non-court-issued testimony that is given under oath and transcribed by a court reporter. Your lawyer can make use of the testimony to prove that your injuries have had an immediate and obvious connection to the crash and, therefore, can justify the need for the compensation you deserve for your damages. The majority of the evidence mentioned above can be obtained at the site of the accident or within a short time however some evidence may not be available until later in the legal process. It is crucial to contact a car accident lawyer with the right credentials as soon as you can so they can begin an inquiry while the evidence is still in its purest form.

2. Filing a Complaint

After the dust has cleared and you've taken care of your injuries, seek legal advice from an expert. A car accident attorney can provide the expertise needed to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint in court, which details the specific claims that you're bringing and the amount of money you are seeking in damages. The document is usually drafted by your attorney, and then filed with the court and served to the defendant.

The discovery phase starts, allowing both parties to exchange information about their claims and defenses. The process can take a considerable time and both teams may need to review a lot of documents like police reports and witness statements. They might also have to look at medical documents or bills, as well as other documents. Each side can request interrogatories, which are a set of questions which the other party must answer under oath within a set timeframe.

During this stage, you lawyer will also collaborate with medical professionals to obtain a full picture of your injuries and the impact that they've caused on your life. Your lawyer will determine the total damages. This will include future and past medical expenses, lost wages, pain and suffering and more.

Your lawyer could be able to reach a settlement agreement with the insurance company of the driver who is at the fault. This is more likely following discovery, but before trial. If the insurance company is unwilling to offer a fair settlement, or if the damages are significant and not covered by insurance, then you could need to go to trial. A judge or jury will make a final decision in the case based on all the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. It is the point at which your attorney and the negligent insurance company of the driver exchange information that could support or derail your claim. Your attorney will request copies of the documents to support your claim. These include police reports, medical bills and work loss documents from your employer (showing the length of time you missed due to the accident) photographs of your vehicle damaged or injured and other financial details. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production, as well as request for admissions to question witnesses and other parties that are not present in the case.

These discovery tools written in writing are exchanged back and forth between attorneys of both sides. The written discovery tools give the opposing party a chance to answer questions in writing that must be answered under oath. They also ask you to provide copies or other information which could be helpful to you.

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

The pretrial investigation process is designed to assist your lawyer develop a convincing argument against the person at fault and their insurance company in order to secure a fair settlement for all your injuries as well as losses, expenses and costs. Although there is no assurance that all cases will settle, the majority do at the end of or following the discovery process, which is often be completed before the case goes to trial.

4. Trial

The majority of car accident cases settle through out-of-court negotiations however, if you and your insurance company aren't in agreement on the cause or how much compensation you are entitled to for your injuries, your case could go to trial. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder, who renders a verdict that settles the issue. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any supporting evidence, such as photos or videos of the scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You can also give your testimony about your memories of the incident and how it impacted your life. Expert witnesses will also provide evidence to support your assertions. The lawyer of the defendant may interrogate witnesses and object to the admissibility of certain evidence.

At trial, the jury has to determine if the plaintiff's injuries were caused by the negligence of the defendant. They will examine proximate cause which is a complex legal concept that lawyers have to spend many hours studying during law school. Proximate cause looks at how close the connection is 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 thorny issue because it is contingent on how severe your injuries are and the severity of your losses. Your lawyer will present evidence, including expert witness testimony about the severity of your injuries, the loss of income, as well as future earnings potential as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a deadline that you must meet to settle your claim, or even file a lawsuit. This is known as the statute of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, then you might require filing a car accident lawsuit in court. It can be time-consuming and expensive, yet it is usually necessary to pursue compensation.

During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure in which each party exchanges information with the other side) and be present at hearings. Your attorney will also prepare legal documents, also known as motions, requesting the court to take actions like exclude certain types of evidence from trial. Settlement negotiations can go on throughout the process, and many civil disputes arising out of car accidents will end before a trial can be held.

If they believe your injury claim is legitimate and you are willing to go to trial insurance companies will make a fair settlement offer. The settlement process is also quicker and less risky than an in-court trial.

Before you agree to the settlement, it's crucial to fully comprehend the severity of your injuries and have completed all medical treatments. You could lose out on additional compensation if you agree to the settlement before your doctor has determined that you have reached the level of medical improvement that is the highest. Additionally, you should not sign a release until you've talked to your lawyer and have full understanding of your losses. Your lawyer will ensure you don't lose out on the valuable compensation. They will carefully examine your medical records and other evidence to ensure that you receive the entire amount of damages for which you are eligible.

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