If the insurance company refuses to provide the amount of money you need for your injuries, our hard-working lawyers will draft an official demand letter. This will list all your financial damages including medical expenses and lost wages, as well as other damages that are not economic, like pain and suffering.
Then the judge or jury will decide. If they rule in your favor they will give you damages and the defendant is required to pay them.
1. Gathering Evidence
In a lawsuit involving a car accident, proving liability and negligence is the most important aspect to obtain compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports like police reports, and other official reports.
Your lawyer might be able to determine the circumstances of the accident by taking pictures of the scene, which include skid marks road debris, skid marks and other physical evidence. Note down the names and contact information of any witnesses who witnessed what happened. Witnesses who testify that confirm your account of the events is essential, especially since it can be common for drivers to have conflicting accounts of what happened that results in insurance companies refusing to accept the claim or even denying responsibility altogether.
Other evidence that your lawyer may use include medical records, which could include bills, receipts and diagnosis reports, laboratory results, discharge instructions, and other documents that show the extent of your injuries. You should get these records as soon as you can, and also provide copies to your medical professionals.
Another type of evidence your attorney might employ is a deposition which is an out-of court testimony delivered under oath and transcribed by a court reporter. The lawyer can make use of this testimony to prove your injuries had an immediate, obvious connection to the accident. This will help justify requesting compensation. Most of the evidence mentioned above can be collected at the site of the accident or within a short time however, some might not be available until later in the legal process. This is why it's crucial to talk to a reputable car accident compensation lawyer as soon as possible so that they can begin investigating while vital evidence is still in its most pure form.
2. Making a complaint
After the dust has settled and you've treated your injuries, it's the time to seek expert legal advice. A lawyer for 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 filing an application with the court. This will outline your specific claims and the amount of money you'd like to claim in damages. The document is usually drafted by your attorney and filed with the court and served on the defendant.
The discovery phase begins, allowing both parties to exchange information regarding their claims and defenses. The process can take a long time and requires both parties to look over a number of documents, including police reports as well as witness statements and medical records, as well as bills and much more. Each side can request interrogatories. They are a set of questions that the other side must answer under oath within an agreed upon timeframe.
Throughout this process the lawyer will collaborate with medical professionals to ensure they have a complete picture of the seriousness of your injuries and the impact they have affected your daily routine. Your lawyer will calculate the total damages. This includes future and past medical expenses and lost wages, as well as the pain and suffering of others, and many more.
Sometimes, your lawyer may be able to reach an agreement with the at-fault driver's insurance company. This is most likely to occur after the completion of discovery and prior to trial. If the insurance company does not agree to a fair settlement, or if the damages are 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 evidence.
3. Discovery
Discovery is a crucial phase in any car accident case. This is where your attorney and the negligent insurance company of the driver exchange information that could support or damage your claim. Your attorney will request copies of the documents that support your case, including police reports, medical bills and work loss records (e.g. the records from your employer which reveals how long you missed work due to the accident compensation claim) photos of your vehicle and any injuries or damage, and other relevant financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and parties who are not present.
These tools for discovery in writing are circulated back and forth between the attorneys on both sides. They provide the opposing party an opportunity to reply to questions in writing, which need to be sworn to in oath and to provide copies of certain documents or accident lawyer other information that could be useful to your case.
Your Long Island car accident lawyer will also conduct depositions of witnesses to the accident, as well as anyone who has information about your injuries or damages that could be important to your case. During a deposition, the lawyer representing the person at fault will ask you questions and your responses will either be recorded on video by the court reporter or translated.
The goal of these pre-trial investigation procedures is to assist your lawyer to build an argument that is persuasive and strong against the at-fault party as well as their insurer, so that you can secure a full and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case but the majority of cases do so during or after the investigation process, which is typically done prior to trial.
4. Trial
While the vast majority of car accidents settle through negotiations outside of court If you and the insurance company do not agree on who is at fault or the amount you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder who issues a decision that settles the issue. 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 evidence supporting it including photos or videos of the accident scene, testimony from witnesses and medical professionals, or documents like police reports and bills. You can also give your testimony regarding your memories of the incident and how it has impacted your life. Expert witnesses can also provide evidence to support your claims. The attorney for the defendant can interrogate witnesses and contest the admissibility of certain evidence.
The jury will decide during trial whether the plaintiff's harm was caused by the defendant's negligent conduct. They will consider proximate causes, a complex legal concept that law students will spend hours studying. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff's injuries.
A jury must also decide how much compensation you are entitled to. This is a complicated issue because it is contingent on the severity of your injuries and the severity of your losses. Your lawyer will present evidence, including expert testimony, about the severity of injuries, lost income and future earning potential, as well as your pain and suffering as well as impairment.
5. Settlement
Each state establishes a legal deadline, commonly referred to as the statute of limitations where you have to settle your claim or file a lawsuit. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you might have to file a car accident lawsuit in court. This can be time consuming and costly, but it is often necessary to pursue compensation.
During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a procedure that is formal in which both sides exchange information with the other). Your lawyer will also file legal documents, referred to as motions to request the court for specific things such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can continue during this process. A majority 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 legitimate and that you'll be willing to go to trial. Settlements are faster and less risky than the court trial.
Before settling an agreement, it's important to understand the extent of your injuries. You must also have completed all medical treatment. You could lose out on additional compensation if you agree to a settlement until your doctor has determined that you have attained the point of maximum improvement. It is also important not to sign a contract before you have spoken with your lawyer about your damages. Your attorney will ensure that you do not miss out on valuable 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.
