Accidents can result in catastrophic injuries and even losses. If the negligence of another driver causes a car accident that leaves you injured, or if their insurance doesn't provide enough to cover all of your damages, you may need to file a lawsuit.
Your lawyer will then take the necessary steps to start the lawsuit. This will involve collecting medical treatment records, evidence and information about the crash and your injuries.
Speak to a Lawyer
Many car accident victims discover that they can receive more compensation by working with an attorney. This is because lawyers have the expertise and experience in law. There are a myriad of practical ways an attorney can assist.
When you meet with an attorney, they will go over all relevant information and evidence regarding your injuries and accident. This can include any documents you've gathered such as medical records and insurance claim documents along with police reports, and much more. In addition, you'll discuss the nature of your injuries. This will include how severe they are, as well as the continuing medical expenses, and any lost earning potential.
A lawyer can estimate the severity of damage and injury, and then assist you in determining an accurate estimate of how much you could receive in a settlement or a jury verdict. They will also be able to explain the potential issues that could arise and how they have handled similar situations in the past.
It is recommended to consult with an attorney as soon as you can after the accident. It will allow them to investigate your case and gather the needed evidence before it is too late. It will also ensure that you are well within your state's statute of limitations.
A personal injury lawyer may start negotiations with the insurer of the party responsible for your injuries when they have fully understood your case. They may be able settle your case out of court, however, you're not required to accept any offer that are offered.
If you're unable to agree to a settlement the lawyer can make a claim on your behalf. This requires a long process that includes filing an action, discovery and trial. Based on the extent of your case it could take anything from several months to more than an entire year to complete.
If you are deciding on a personal injury lawyer, it's important to look at their experience and the reputation of their firm. They should have a successful record and the ability to procure experts to testify on your behalf.
Collect evidence
You must have strong evidence to support your claim for compensation. This will not only allow you to establish your innocence, but it will also allow you to receive the full amount of the financial damages you are entitled to.
It is crucial to collect as much evidence as you can including medical records photos, police reports and witness testimony. If you can, start this process as soon as soon as the accident law firm occurs.
The first document you'll require is the police report, which was prepared at the scene the accident by law enforcement officers. The report will include the names of everyone who was involved in the accident lawsuits as the statements of those involved, crash location information and other relevant information. This report is a crucial piece of evidence for the insurance company and the defendant to examine in the beginning of the lawsuit.
Your attorney will then begin to collect all financial and medical documents in connection with the crash. The documents will include your medical records, as well as bills for your injuries, as well as receipts for property damage to your vehicle and other properties. You should also have your pay statement stubs in case you lost income as a result.
Also, you should take plenty of pictures of the accident scene and skid marks, the vehicle damages, and any other evidence that is found at the site of the crash. Photos can be extremely helpful to anyone who isn't at the scene to see and help build your case.
After the initial exchange of documents at the discovery stage the lawyer may then send a letter to the defendant that outlines the evidence that proves the defendant's guilt for the accident as well as the alleged damages you are seeking both for economic and non-economic losses. This is known as a Bill of Particulars.
The defendant will then be able to submit an answer to your complaint. At this point, the judge will arrange a pre-trial conference to determine the date of mandatory physical and oral examinations as well as the production of documents. Parties will also have the opportunity to speak with experts regarding the causes of an accident and what impact it had on your losses.
Discuss your options with your Insurance Company
If it is evident that the insurer of the party at fault is responsible for covering your losses resulting from accidents and expenses, your lawyer will draft and send a demand letter to the insurer. This document will include details of the incident and the legal arguments your lawyer must provide to prove the reasons why the insured should be held responsible and Accident Lawsuits a request for damages.
The insurer will conduct an investigation into the accident. This tactic is employed to limit your claim by undervaluing the damage and injuries to property. They might also try to deny your claims entirely.
You'll need proof for your losses. This includes medical bills or accident lawsuits lost income, costs related to your injury or the death of a family member and property damage. An experienced Long Island auto accident lawyer will work with experts to determine the amount of the damages and what you'll need to pay to be made whole.
Once the demand letter has been sent the insurance company will respond with a counter-offer. They will typically offer an amount that is lower than what you are asking for.
They may even try to claim that your injuries are not as severe as you've claimed or that their client isn't responsible for the accident compensation claim. This is why it is important to always have an attorney on your side to protect your rights.
An experienced attorney will know when it is time to accept an offer to settle. They will consider the projected and current costs of your damages and losses, including any future life-altering effects.
A lot of car accident cases are settled outside of court. This saves both parties time and money. The final decision will be taken by a judge or jury, depending on the nature of the case. If you're not happy with the decision, you may appeal the decision. A successful lawsuit will allow you to get the compensation you're due. This can be especially important for people who have suffered severe injuries and are dealing with the consequences for their lives.
You can make a claim in court
If you feel your settlement was not fair or If the insurance company failed to provide an equitable settlement you may want to take legal action. A New York car accident lawyer will help you navigate and protect your rights.
During the course of litigation, your lawyer will request for any documents which could aid in your case. This includes medical records and police reports. Also, witness testimony, photos and videos of the scene and other details. The sooner you can provide all of this information to your attorney the better your chances are of receiving the maximum amount of compensation for your accident.
Once your lawyer has all the relevant information, they will draft the complaint. This is a legal document that is filed in court and served to the defendants. The complaint will include the facts of the case as well as the legal basis for which you're seeking damages. It will also outline the claim you are making for compensation. The defendants will have an agreed-upon time to respond to the complaint. This response will typically include counterclaims, which are their attempt to defend themselves against the accusations.
Certain cases of accidents are settled out of court. Your lawyer will tell you if a settlement would be more beneficial than a trial. However, it's your decision what is best for your needs and your family.
The trial can last between one and two days. It may be conducted by a single judge or a jury. Both sides will argue and provide evidence to back their positions. You can appeal the verdict of your trial if you are dissatisfied.
Many people imagine dramatic courtroom scenes when they think of filing a lawsuit, however the majority of accident lawsuits are settled out of court. Negotiating a settlement is usually quicker, less expensive and less risky than taking the case to court.
