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20 Inspiring Quotes About Accident Compensation
The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount you need for your injuries, our tenacious attorneys will prepare an official demand letter. This letter will provide a detailed description of your economic damages such as medical expenses, lost wages as well as non-economic damages like pain and discomfort.

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

1. Gathering Evidence


In a case of a car crash lawsuit, proving liability and negligence is the most important aspect to obtain compensation for your injuries and losses. Gathering evidence is among the first steps in the litigation process, and it involves collecting documents such as photographs, witness testimony and official reports, such as police reports.

Photographs of the scene of the accident can help your attorney establish what actually transpired in the crash, including the position of both vehicles after impact, skid marks road debris, and other physical evidence. Note down the names and contact numbers of any witnesses who witnessed what transpired. Witnesses who testify to corroborate your account of what happened is crucial particularly since it can be common for drivers to have conflicting versions of what transpired, which leads to insurance companies refusing to accept the claim or denying the responsibility completely.

Medical records can also be utilized by your lawyer to establish the severity of your injury. These records could include receipts, bills and lab results, diagnose reports, discharge instructions and other documentation. You should get these records as quickly as you can, and also provide copies to your healthcare professionals.

Depositions are another form of evidence your lawyer may employ. This is an out-of court testimony under oath, and then translated by a court reporter. Your lawyer can use the testimony to prove that your injuries have a direct and foreseeable connection to the crash, which helps justify requesting compensation for your damages. While the majority of the above types of evidence are obtained at the scene or within a short time after however, some evidence may not be available until later in the litigation process. This is why it's crucial to consult a highly-credentialed car accident lawyer as quickly as you can so that they can begin an investigation when the evidence is in its purest form.

2. Filing a Complaint

Once the dust has sunk and you've taken care of your injuries, it's time to seek legal advice from a professional. An attorney who has handled car accidents can provide the expertise needed to help you get the most compensation for your claim.

The first step is to file a complaint with court, which outlines the specific claims you're making and the amount you're seeking in damages. The document is usually drafted by your lawyer and filed with the court and served to the defendant.

This also triggers the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can be lengthy and requires both parties to review many documents, including police reports witnesses' statements, police reports medical records, bills and much more. Each side is able to request interrogatories. These are a series questions that the other side must answer under oath within the specified timeframe.

In this stage your lawyer will collaborate with medical professionals to ensure they have a complete understanding of the severity of your injuries as well as the impact they have affected your daily routine. Your attorney will then calculate the total damages you have suffered, which will include the past and future medical costs, lost earnings, pain and suffering, and more.

Sometimes, your lawyer could be able to reach an agreement with the responsible driver's insurance company. This is likely to occur following the conclusion of the discovery process and prior to trial. If the insurance company does not agree to a fair settlement, or if the damage is significant and are not covered by insurance, then you could have to go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident in which your attorney and the insurance company exchange information that could support or damage your claim. Your attorney will ask for copies of the documents that support your case, including medical bills, police reports as well as work loss records (e.g. an email from your employer that outlines how long you missed work because of the accident) photos of your vehicle as well as any damage or injuries or other pertinent financial information. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to ask questions of witnesses and other parties who are not present.

These tools for discovery in writing are circulated back and forth between the attorneys from both sides. The written discovery tools provide the other side an opportunity to respond to questions in writing that need to be answered under oath and to provide copies or other information which could be helpful to you.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident, as well as any person who has information about your injuries or damages that could be pertinent to your case. In a deposition, the lawyer for the person who is at fault will ask you various questions, and your answers will be recorded on video or transcribed by a court reporter.

The pretrial investigation process is designed to help your lawyer build a compelling case against the at-fault person and their insurer in order to negotiate a fair settlement for all of your injuries as well as losses, expenses and costs. While there is no guarantee that all cases settle however, the majority settles either during or after the discovery process, which can often be completed before your case goes to trial.

4. Trial

The majority of car accident cases settle through negotiations outside of court however, if you and your 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 process in which both sides present their arguments and evidence to a factfinder who makes a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.

During the trial the lawyer will provide your version of the events in your opening statements to the jury as well as any other evidence you have, such as images or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents such as medical bills and police reports. You can also provide testimony regarding your memory of the incident and how it has affected your life. Expert witnesses can also provide testimony to support your assertions. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of evidence.

In a trial, the jury has to decide if the plaintiff's injuries were caused by the negligence of the defendant. They will consider the proximate causes, which is a complicated legal concept that law school students spend hours studying. Proximate causes considers the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. This is a more complicated matter, as it depends on the severity of your injuries and the severity of your losses. Your lawyer will present evidence, including expert testimony, regarding the severity of your injuries that resulted in loss of income and earning potential, in addition to your suffering and impairment.

5. Settlement

Each state has a deadline to resolve your claim or file an action. This is referred to as the statutes of limitations. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you might need to file a car accident lawsuit in court. It's costly and time-consuming. However, it is usually required to obtain compensation.

During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where both sides exchange information with one another). Your lawyer will also make legal filings, also known as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can continue during this process. sunnyvale accident attorney of car accident civil disputes are resolved before a trial is necessary.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is solid and that you'll be willing to take the case to trial. Settlement is faster and less risky than an in-court trial.

It is crucial to be aware of your injuries prior to committing to the settlement. You should also have completed all medical treatments. If you agree to a settlement before your doctor has determined you have reached your maximum medical improvement (MMI) then you could be denied additional compensation. Additionally, you should not sign an agreement until you have met with your lawyer and received an understanding of all damages. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully examine your medical records and other documentation to ensure that you get the full amount of damages to which you are eligible.

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