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The Top Reasons For Accident Compensation's Biggest "Myths" About Accident Compensation Could Actually Be Accurate
The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter if the insurance company refuses to provide you with the amount you need to cover your injuries. This will include all of your economic damages such as medical bills and lost wages, and other damages that are not economic, like suffering and pain.

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

1. Gathering Evidence

In a lawsuit that involves an accident in a car, proving negligence is crucial to receive compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports, like police reports, and other official reports.

Photographs of the scene of the accident can aid your lawyer in determining what actually happened in the collision, including the positions of both cars following the collision, skid marks, road debris, and other physical evidence. Take down the names and contact details of any witnesses who were present to witness the events. Witnesses who testify that confirm your account of what happened is crucial as it could be common for drivers to have conflicting accounts of what happened that causes insurance companies to refuse to accept the claim or deny responsibility altogether.

Other types of evidence your lawyer may use include medical records, which could include bills, receipts, diagnosis reports, lab results, discharge instructions, and other evidence that proves the extent of your injuries. You should get these records as soon as possible and ensure that you send copies to your medical professionals.

Another type of evidence that your attorney might use is a deposition, which is out-of-court testimony given under oath, and then transcribed by a court reporter. Your lawyer can use the testimony to establish that your injuries have an immediate and clear connection to the accident, which helps justify requesting compensation for your damages. While most of the above-mentioned types of evidence can be obtained at the scene or shortly afterward, some of it might not be accessible until later in the litigation process. This is why it's crucial to consult a highly-credentialed car accident lawyer as soon as possible, so that they can begin investigating while vital evidence is still in its most pure form.

2. How to file a complaint

Once the dust has sunk and you've treated your injuries, it's 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 get the most compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims you have filed and how much money you are seeking in damages. This document is usually drafted by an attorney, and filed in the court. It will also be served to the defendant.

It also kicks off the discovery phase which allows both sides to exchange information and evidence that is related to their claims and defenses. The process can take a considerable duration and both teams will need to review a lot of documents, including police records and witness statements. They may also have to examine medical records and bills as well as other documents. Each side may require interrogatories. These are a set of questions that the other party must answer under oath, within a specific timeframe.

Throughout this stage the lawyer will collaborate with doctors to ensure that they have a complete understanding of the severity of your injuries as well as the impact they have had on your daily life. Your attorney will calculate the total damages you have suffered including the past and future medical costs and lost earnings, as well as suffering and pain and much more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver at the fault. This is more likely to happen following discovery and prior to trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've incurred significant losses that aren't covered by the insurance policy, your case may move forward 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 car accident lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that could support or damage your claim. Your attorney will seek copies of all documents that support your case. These include police reports as well as medical bills and work loss records from your employer (showing the length of time you've missed because of the accident), photos of your vehicle and any damages or injuries, and other financial information. Your lawyer will also make use of written discovery tools, such as interrogatories, requests for production and requests for admissions to question witnesses and other parties that are not part of the case.

These tools for discovery are used to exchange information between attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, which must be sworn to in oath and to supply copies of certain documents or other information that could be useful to your case.

Your Long Island car accident attorney will also question witnesses and anyone who has information about your injuries or damages which could be vital to your case. In a deposition, the lawyer representing the person at fault will ask you questions, and your answers will be recorded on video by a court reporter or transcribed.

These pre-trial investigation procedures are designed to help your lawyer build a compelling case against the at-fault person and their insurer to negotiate a fair settlement for all your injuries or losses, as well as expenses. While there is no guarantee that all cases will settle but the majority settle either during or after the discovery process, which can often be completed before your case reaches trial.

4. Trial

The majority of car accident cases are resolved through informal negotiations however, if you and your insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, your case may be heard in a trial. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder, who issues a decision that settles the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will explain your story in your opening statements to the jury as well as any other evidence you may have, such as pictures or videos of accident scene, testimony from witnesses and medical professionals, and documents like police reports and medical bills. You may also offer your testimony regarding your memories of the incident and how it impacted your life. Expert witnesses can also testify to support your assertions. The attorney representing the defendant may cross-examine witnesses and object to the admissibility of specific evidence.

The jury will decide during trial whether the plaintiff's harm was caused by the defendant's negligent behavior. They will look at the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate cause looks at the relationship between the defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. It is also a complicated issue because it is contingent on the severity of your injuries as well as the extent to which you have suffered. Your attorney will provide evidence that includes expert testimony about the severity of injuries, lost income and future earning potential, in addition to the extent of your suffering and impairment.

5. Settlement


Every state has a legal deadline, commonly referred to as the statute of limitations where you have to settle your claim or start a lawsuit. If your lawyer cannot reach a settlement with the insurer, you could be required to file a lawsuit in court. It is costly and time-consuming, but this is usually required to obtain compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a process formal where both sides exchange information with the other). Your attorney will also prepare legal documents, also known as motions, which ask the court to take actions like excluding certain kinds of evidence from trial. west virginia accident attorney can be ongoing throughout this process, and a majority of civil disputes arising out of car accidents will end before a trial needs to be held.

If they feel that your injury claim is legitimate and you are willing to go to trial the insurance company will offer an appropriate settlement offer. In addition the settlement process is faster and less risky for them than a trial.

Before settling on a settlement, it is important to understand the severity of your injuries and have completed all medical treatments. If you agree to a settlement before your doctor has determined you have reached the maximum medical improvement (MMI), you could be denied additional compensation. Don't sign a release until you've talked to your lawyer and received full understanding of your losses. Your lawyer will ensure you do not get a poor deal on compensation. They will look over your medical records, as well as other documents to ensure that you are entitled to all the damages for which you qualify.

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