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15 Trends To Watch In The New Year Accident Compensation
The First Steps in Car Accident Litigation

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

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

1. Gathering Evidence

In a case of a car crash lawsuit, proving negligence and liability is key to obtaining compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports, including police reports and other official reports.

Your lawyer might be able to establish what transpired in the accident by taking photos of the scene, including skid marks and road debris as well as other physical evidence. Record the names and phone numbers of any witnesses who saw what transpired. Having witnesses testify that corroborate your account of what happened is crucial particularly since it can be common for drivers to have conflicting stories of what happened. This can lead to insurance companies refusing to accept the claim or deny responsibility altogether.

Other evidence forms your lawyer may use include medical records, which could include receipts, bills, diagnosis reports, lab results, discharge instructions and other evidence that demonstrates the severity of your injuries. yakima accident lawsuit should obtain these documents as soon as is possible and send copies to your medical professionals.

Depositions are another form of evidence that your attorney might make use of. It is an out-of court testimony given under oath and later recorded by a Court Reporter. Your lawyer may use this evidence to prove your injuries had a direct, foreseeable link to the accident. This is a good argument to support requesting compensation. Although the majority of the above types of evidence are taken at the scene of the accident or soon afterward but some of the evidence might not be accessible until later in the litigation process. It's important to contact a lawyer for car accidents with the appropriate credentials as soon as you can to start an inquiry while the evidence is in its most pure form.

2. The process of filing a complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal advice from an expert. A lawyer for car accidents can provide the necessary expertise to ensure you receive the maximum compensation for your claim.

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

The discovery phase starts with both parties able to exchange information regarding their claims and defenses. The process can be long and requires both sides to go through a myriad of documents including police reports as well as witness statements and medical records, as well as bills and much more. Each side may request interrogatories, which are a set of questions that each party must answer under oath, within a specific timeframe.

Throughout this stage the 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've affected your daily routine. Your attorney will calculate the total damages you have suffered, which will include the past and future medical costs loss of earnings, suffering and pain, and more.

Sometimes, your lawyer may be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely after discovery and before the trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've suffered significant losses that aren't covered by the insurance policy, the case may go to trial. A jury or judge will decide on the case based on the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. This is when your attorney and the negligent driver's insurer share information that could either support or hurt your claim. Your attorney will seek copies of all documents that support your case. These include police reports medical bills, work loss records from your employer (showing the amount of time you were absent due to the accident) photographs of your vehicle, any injuries or damages and financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories or requests for production as well as requests for admissions to interview witnesses and parties who are not in the case.

These tools for discovery are exchanged between attorneys from both sides. The written discovery tools give the other side an opportunity to answer questions in writing, which must be answered under oath. They also ask you to provide copies or other information that may 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 anyone with information regarding your injuries or damages that could be relevant to your case. During a deposition at-fault party's lawyer will ask you an array of questions and your answers will be recorded on video or transcribed by a court reporter.

These pretrial investigation procedures are designed to help your lawyer create a compelling argument against the person at fault and their insurance company in order to get an equitable settlement for all your injuries and losses, costs and expenses. There is no assurance of a settlement in every case but the majority of cases do so after or during the investigation process, which is usually done prior to trial.

4. Trial

Trials are a possibility in situations where you and the insurance company are not in agreement regarding the fault of the other party or the amount you are entitled to for your injuries. A trial is an official process where both parties argue and present evidence to an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene of the accident or testimony from witnesses, medical professionals, documents like police reports and bills. You can also testify about your memories of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The attorney for the defendant can cross-examine witnesses and object to the admissibility of certain evidence.


The jury will decide during trial whether the plaintiff's injury was the result of the defendant's negligent behavior. They will be looking at the proximate causes, which is a complicated legal concept that law students spend hours studying. Proximate cause examines 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 depending on how severe your injuries are and the severity of your losses. Your lawyer will provide evidence including expert testimony about the severity of your injuries as well as lost income and future earning potential, in addition to your pain and suffering and impairment.

5. Settlement

Each state establishes a legal deadline, referred to as the statute of limitations, in which you must settle your claim or start a lawsuit. If your lawyer is unable to come to a deal with the insurance company, you may be required to make a court filing. It can be lengthy and expensive, yet it is often required to seek compensation.

During this procedure you and your Long Island personal injury lawyer will participate in discovery (a formal procedure in which each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents referred to as motions asking the court to consider the exclusion of certain kinds of evidence at trial. Settlement negotiations can be ongoing throughout this process, and a lot of civil disputes arising out of car accidents will end before a trial needs to be held.

If they believe that your claim is solid and you are willing to go to trial insurance companies will make a fair settlement offer. Additionally, the settlement process is more efficient and less risky than a trial.

Before settling on an agreement, it is essential to be aware of the severity of your injuries. You must also have completed all medical treatment. You could be denied additional compensation if you sign the settlement until your physician has confirmed that you have achieved the maximum level of improvement in your medical condition. You should also not sign a release until you have consulted with your lawyer about your damages. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will carefully examine your medical records and other documentation to ensure that you receive the total amount of damages for which you are eligible.

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