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Ask Me Anything: 10 Responses To Your Questions About Accident Compensation
The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official letter of demand if the insurance company refuses to pay the amount you require for your injuries. This letter will provide a detailed description of your economic losses such as medical expenses and lost wages as also non-economic damages like pain and discomfort.

A jury or judge will then make a decision. If they rule to your advantage you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident it is essential to prove negligence in obtaining compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports, like police reports and other official reports.

Your lawyer might be able to determine what transpired in the accident by taking photos of the scene, which include skid marks and road debris as well as other physical evidence. Also, take note of the names and contact information of any witnesses who were present at what transpired. Witnesses that testify to support your version of what transpired is vital particularly since it can be common for drivers to have contradictory reports of what happened, which results in insurance companies refusing to accept the claim, or even deny responsibility completely.

Other evidence forms your lawyer might use include medical records, which could include receipts, bills diagnostic reports, lab results, discharge instructions, and other documentation that demonstrate the severity of your injuries. You should seek these documents as soon as is possible and be sure to give copies to your healthcare providers.

A deposition is another form of evidence that your attorney could utilize. It's an out-of court statement made under oath and later translated by a court reporter. The lawyer can use the testimony to prove that your injuries have had an immediate and obvious connection to the crash and, therefore, can justify the need for compensation for your losses. While most of the above-mentioned types of evidence are collected at the scene of the accident or soon afterward however, some evidence may not be available until later in the litigation process. This is why it's important to talk to a reputable lawyer for car accidents as soon as you can so that they can begin an investigation while the crucial evidence is in its purest form.

2. Making a Complaint

After the dust has settled and you've treated your injuries, it's the time to seek professional legal advice. A car accident lawyer can provide you with the knowledge to maximize your compensation.

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

This also begins the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can be very long and requires both teams to go through a myriad of documents including police reports witnesses' statements, police reports medical records, invoices and more. Each side may require interrogatories. These are a set of questions that the other party must answer under oath within a specified timeframe.

During this stage, you lawyer will also work closely with medical professionals to obtain the full picture of your injuries as well as the impact they've caused on your life. Your lawyer will calculate the total damages. This includes future and past medical expenses as well as lost wages, suffering and pain and suffering, and more.

portland accident lawyer could be able to negotiate a settlement with the insurance company of the driver who is at fault. This will most likely occur after the completion of discovery, but before trial. If the insurance company refuses a fair settlement or if your losses are substantial and not covered by insurance, then you could be required to appear in court. A jury or judge will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit, where your attorney and the negligent driver's insurance company exchange information that could assist or derail your claim. Your attorney will request copies of the documents that support your case, such as police reports, medical bills and work loss records (e.g. documents from your employer which reveals how much time you missed work because of the accident), photographs of your vehicle, any damage or injuries as well as other financial information. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to ask questions of witnesses and other parties who are not present.

These documents are shared between attorneys on both sides. They give the opposing party the chance to respond to questions in writing, which have to be answered under oath, and to supply copies of certain documents or other data that may be relevant to your case.

Your Long Island car accident attorney will also question witnesses and any other person with information about your injuries or damages that could be crucial to your case. During a deposition, the lawyer representing the at-fault party will ask you questions and your answers are recorded on video by an official court reporter or recorded.

The goal of these pretrial investigation processes is to allow your lawyer to build an effective and convincing argument to the at-fault party and their insurer in order that you are able to secure an equitable and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases settle but the majority settle either during or after the discovery process, which is often be completed before your trial.

4. Trial


Trials are possible when you and the insurance company are not in agreement regarding the fault of the other party or the amount you should be awarded for your injuries. A trial is a formal proceeding in which both parties argue and present evidence to the factfinder, who makes a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will be able to present your version of events in your opening statements to the jury along with any supporting evidence you have, such as pictures or videos of accident scene, testimony from witnesses and medical professionals, and documents such as police reports and medical bills. You can also testify regarding your personal memories of the incident and how it affected your life. Expert witnesses can also testify to back your assertions. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of evidence.

The jury will decide during trial whether the plaintiff's harm was caused by the defendant's negligent conduct. They will consider proximate cause which is a complex legal concept that lawyers will spend many hours studying during law school. Proximate cause considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. It's also a complex issue because it depends on the severity of your injuries as well as the extent to which you have suffered. Your lawyer will provide evidence including expert testimony regarding the severity of injuries loss of income, future earning potential, as well your suffering and impairment.

5. Settlement

Every state has a deadline that you must meet to resolve your claim or file a lawsuit. This is referred to as the statutes of limitations. If your lawyer can't negotiate a settlement with the insurer, you could be required to file a lawsuit in court. It can be lengthy and expensive, but it is usually necessary to pursue compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a process formal where both sides exchange information with the other). Your attorney will also make legal filings, also known as motions, requesting the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can continue throughout the process, and many civil disputes in car accidents settle before a trial can be held.

If they believe that your claim is solid and you are willing to go to trial insurance companies will make an acceptable settlement offer. Settlements are quicker and less risky than a court trial.

It is essential to fully understand your injuries prior to a settlement. You must also have completed all medical treatments. If you settle prior to your doctor determining that you have reached your maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. It is also important not to sign a release until you have spoken to your lawyer about the damages. Your lawyer will make sure that you don't lose out on valuable compensation. They will go through your medical records and other documents to ensure that you are entitled to all of the damages you are entitled to.

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