If the insurance company is refusing to pay you the amount of money you need for your injuries, our tenacious attorneys will prepare a formal demand letter. This will include all of your financial losses 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 make a decision in your favor you will be awarded damages. In addition, the defendant is required to pay them.
1. Gathering Evidence
In a lawsuit involving a car accident attorneys, proving negligence is crucial to receive compensation for your injuries. Gathering evidence is among the first steps in the process of litigation, and it involves gathering evidence, documents witnesses' testimony, photographs as well as official reports, such as police reports.
Your attorney may be able to determine what happened during the accident by taking pictures of the scene, including skid marks road debris, skid marks and other physical evidence. Note down the names and contact information of any witnesses who saw the incident. It is important to have witnesses confirm the events were actually happening, Accident compensation Claim as it may often happen that drivers will give contradictory information that can lead to insurance companies refusing or denying the liability.
Other evidence that your lawyer might 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. You should obtain these records as soon as possible and provide copies to your healthcare providers.
Depositions are another form of evidence your lawyer can make use of. It's an out-of court statement made under oath. It is then recorded by a Court Reporter. Your lawyer can use the testimony to prove the fact that your injuries had an immediate and obvious connection to the crash and, therefore, can justify the need for compensation for your losses. While the majority of these kinds of evidence can be taken at the scene of the accident or soon afterward, some of it might not be available until later in the litigation process. It's crucial to speak with a car accident compensation lawyer with the appropriate credentials immediately to begin an investigation while the evidence is still in its most pure form.
2. Filing a Complaint
After the dust has settled, and you've taken care of your injuries, you need to seek legal advice from an experienced. A car accident compensation attorney can provide the necessary expertise to ensure you receive the maximum compensation for your claim.
The first step is filing a complaint with the court. This document will outline your specific claims as well as the amount of money you want to recover in damages. This document is typically drafted by your attorney and filed with the court and then served on the defendant.
The discovery phase begins with both parties able to share information regarding their defenses and claims. The process can take a long duration and both teams will have to look over a variety of documents like police reports and witness statements. They might also have to review medical documents as well as bills and other documents. Each side may request interrogatories. These are a set of questions which the other side has to answer under oath within the specified timeframe.
In this phase, your lawyer will also collaborate with doctors to gather an accurate picture of your injuries as well as the impact that they've had on your life. Your lawyer will determine the total damages. This includes future and past medical expenses as well as lost wages, pain and suffering and more.
Sometimes, your lawyer may be able to reach a settlement with the at-fault driver's insurance company. This is more likely to occur after discovery and before the trial. If the insurance company is unwilling to offer a fair settlement, or if your losses are significant and not covered by insurance, then you could be required to go to trial. A jury or judge will decide the case on the basis of all evidence.
3. Discovery
Discovery is an essential step in any car Accident Compensation Claim case. This is when your attorney and negligent insurance company of the driver exchange information that can support or undermine your claim. Your attorney will ask for documents that can support your case, such as police reports, medical bills or work-related loss records (e.g. the records from your employer indicating how much time you missed work because of the accident compensation claims) photographs of your vehicle as well as any injuries or damages and other financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production, as well as requests for admissions in order to question witnesses and other parties that are not part of the case.
These written discovery tools are exchanged back and forth between the attorneys of both sides. They give the opposing party a chance to respond to questions in writing, which need to be answered under oath, and to supply copies of certain documents and other information that may be relevant to your case.
Your Long Island car accident attorney will also depose witnesses and anyone with information about your injuries or damages that could be important to your case. In a deposition, the lawyer representing the party at fault will ask you a series of questions, and your answers will be recorded on video or transcribing by a court reporter.
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 in order that you can get a fair and complete settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case however, most do so after or during the investigation process, which is typically completed prior to the trial.
4. Trial
Trials can be arranged in situations where you and the insurance company are not in agreement on the source of your fault or the amount of compensation you should receive for your injuries. A trial is a formal hearing in which both sides present arguments and evidence to a factfinder, who renders a verdict which settles the dispute. In personal injury cases, the factfinder is typically a jury.
During the trial the lawyer will give your account of the events in your opening statements to the jury, along with any supporting evidence you have, such as pictures or videos of accident scene, witness testimony from bystanders and medical professionals, as well as documents such as police reports and medical bills. You can also testify regarding your memory of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The lawyer for the defendant may cross-examine witnesses and challenge the admissibility of specific evidence.
The jury will decide at trial whether the plaintiff's injuries was the result of the defendant's reckless behavior. They will be looking at the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff’s injuries.
A jury also has to decide the amount of damages you're entitled to. It's also a complex issue due to the severity of your injuries and the degree to which you've suffered. Your attorney will present evidence, including expert testimony, about the severity of your injuries loss of income, future earning potential, in addition to your pain and suffering as well as impairment.
5. Settlement
Every state has a legal deadline, also known as the statute of limitations, by which you must settle your claim or file a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you could have to file a car accident lawsuit in court. It can be lengthy and costly, however 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 process where parties exchange information with the other side) and attend hearings. Your lawyer will also file legal documents referred to as motions to request the court to consider the exclusion of certain types of evidence in trial. Settlement negotiations can continue during this process. A lot of civil disputes are resolved before a trial is necessary.
Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is solid and that you will be willing to go to trial. Settlements are faster and less risky compared to the court trial.
It is crucial to be aware of the extent of your injuries prior to agreeing to an agreement. You should also have completed all medical treatments. You could be denied additional compensation if you agree to a settlement until your doctor has concluded that you have reached the level of medical improvement that is the highest. Don't sign the release until you've talked to your lawyer and gained full understanding of your losses. Your lawyer will make sure that you don't lose out on valuable compensation. They will scrutinize your medical records, as well as other documentation to ensure that you are entitled to all of the damages that you are entitled to.
