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

If the insurance company refuses to give you the amount of money you require for your injuries, our determined lawyers will draft an official demand letter. This will list all your economic damages including medical expenses and lost wages, and non-economic damages like suffering and pain.

A jury or judge will then make a ruling. If they rule in your favor, they will make you a victim and the defendant must pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident may aid your lawyer in determining what actually happened in the accident, including the position of both cars following the collision, skid marks, road debris, and other physical evidence. Note down the names and contact details of any witnesses who saw the incident. Witnesses who testify that confirm your account of what transpired is vital, especially since it can be common for drivers to have contradictory reports of what happened, which can lead to insurance companies refusing to accept the claim, or even deny the responsibility completely.

Other evidence forms your lawyer might use include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge guidelines, and other documents that show the severity of your injuries. It is essential to get these records as quickly as you can and give copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney might make use of. It is a non-in court testimony given under oath. It is then transcribing by a Court Reporter. Your lawyer could use the testimony to establish the fact that your injuries had an immediate and obvious connection to the crash and can be used to justify the compensation you deserve for your damages. While most of the above-mentioned types of evidence are obtained at the scene or within a short time after, some of it might not be accessible until later in the litigation process. It's crucial to speak with a car accident lawyer with the appropriate credentials as soon as you can to begin an inquiry as evidence is in its purest form.

2. Filing a Complaint

Once the dust has settled and you've treated your injuries, it's the time to seek expert legal advice. An attorney who has handled car accidents will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is to file an application with the court. This will outline your specific claims as well as the amount you wish to recover in damages. The document is usually written by an attorney, and filed in court. It will also be served to the defendant.

This also triggers the discovery phase which allows both parties to exchange information and evidence that is related to their defenses and claims. The process can be lengthy and requires both sides to look over a number of documents, including police reports and witness statements and medical records, as well as bills and much more. Each side may demand interrogatories. They are a series of questions that the other party must answer under oath, within a specific deadline.

Throughout this process the lawyer will collaborate with doctors to ensure they have a complete picture of the seriousness of your injuries and the impact they have affected your daily routine. Your attorney will calculate your total damages. This will include past and upcoming medical expenses and lost wages, as well as suffering and pain and suffering, and more.

Sometimes, your lawyer could be able to reach an agreement with the at-fault driver's insurance company. This is likely to occur following the conclusion of the discovery process and prior to trial. If the insurance company doesn't agree to a fair settlement, or if your losses are significant and not covered by insurance, then you might need to go to trial. A jury or judge will make a decision on the case based upon all of the evidence presented.

3. Discovery

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

These written discovery tools are shared between attorneys on both sides. Written discovery tools allow the opposing side an opportunity to respond to questions in writing, which must be answered under oath and to provide copies or other information that might be helpful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the collision and anyone who has information about your injuries or damages that could be important to your case. In a deposition, the lawyer representing the at-fault party will ask you questions and your answers will either be recorded on video by the court reporter or translated.

The purpose of these pre-trial investigation procedures is to help your lawyer to build an effective and convincing argument to the party at fault and their insurer so that you are able to secure a fair and complete settlement for your losses, injuries and expenses. There is no guarantee of a settlement in every case but most do so during or after the investigation process, which is often concluded prior to the trial.

4. Trial

Trials are possible when you and the insurance company disagree on the source of your fault or the amount you should receive for your injuries. A trial is an official proceeding where both parties are required to present their arguments and evidence to a factfinder who makes a decision to resolve the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any evidence supporting it, such as photos or videos of the accident scene as well as testimony from witnesses and medical professionals, documents like police reports and bills. You can also give your testimony regarding your memories of the incident and how it changed your life. Expert witnesses are also able to testify in support of your assertions. The defendant's lawyer can interrogate witnesses and object to the admissibility of certain evidence.


At trial, the jury must decide if the plaintiff's injuries were caused by the negligence of the defendant. They will consider proximate causes, a complex legal concept that law students have to spend hours studying. Proximate cause examines how close the connection is between the defendant's actions and the plaintiff's injuries.

oakland accident attorney is also required to decide how much compensation you're entitled to. It's also a complex matter because it is based on the severity of your injuries and the degree to which you've suffered. Your lawyer will present evidence, including expert testimony, regarding the severity of injuries loss of income, future earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Every state has a time limit that you must meet to settle your claim or file an action. This is known as the statute of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you could need to file a car accident lawsuit in the court. This could be a lengthy process and costly, but it is usually required to seek compensation.

During this process 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 make legal filings, also known as motions, which ask the court to take actions like exclude certain types of evidence from trial. Settlement negotiations can go on throughout the entire process, and a majority of civil disputes arising from car accidents end before a trial has to be held.

If they believe that your claim is legitimate and you are willing to go to trial, insurance companies will make an acceptable settlement offer. In addition, settlement is quicker and less risky for them than a trial.

Before settling the settlement, it's important that you fully understand the extent of your injuries. You must also have completed all medical treatments. You could lose out on additional compensation if you agree to the settlement before your doctor has concluded that you have reached the maximum medical improvement. Also, you should not sign a release until you have spoken to your lawyer about your damages. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will scrutinize your medical records, and other documentation, to ensure that you are entitled to all compensation you're entitled to.

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