If the insurance company is refusing to pay you the amount you require for your injuries, our determined lawyers will draft an official demand letter. This will include all of your economic damages, such as medical bills and lost wages, and non-economic damages like pain and suffering.
Then, a judge or jury will make a decision. If they rule to your advantage, you will be awarded damages, and the defendant is 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 injuries and losses. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports, such as police reports, and other official reports.
Photographs of the scene of the accident may aid your lawyer in determining what actually transpired in the accident, including the position of both cars following the collision, skid marks, road debris and other evidence that is physical. Note down the names and contact information of any witnesses who saw what happened. It is crucial to have witnesses who can confirm the events that took place, since it can often happen that drivers provide contradictory statements that result in insurance companies refusing or denial of the responsibility.
Other types of evidence your lawyer may use include medical records, which may include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other documents that show the severity of your injuries. It is important to obtain these documents as soon as is possible, and make sure to give copies to your healthcare professionals.
Another type of evidence your lawyer could utilize is a deposition, which is out-of-court testimony given under oath, and then transcribed by a court reporter. Your lawyer could use this testimony to establish your injuries had an obvious, predicable connection to the accident attorneys. This helps to justify requesting compensation. Although the majority of the above kinds of evidence can be collected at the scene of the accident claim or shortly thereafter, some of it might not be accessible until later in the litigation process. It is crucial to contact a car accident lawyer with the right credentials immediately so they can begin an inquiry when the evidence is in its most pure form.
2. Filing a complaint
Once the dust has settled and you've treated your injuries, it's the time to seek professional legal advice. A lawyer for car accidents can provide the necessary expertise to help you obtain maximum compensation for your claim.
The first step is to file an application with the court. The complaint will detail your specific claims and the amount you want to recover in damages. This type of document is typically drafted by an attorney, and filed in the court. It is also served to the defendant.
The discovery phase begins, allowing both parties to exchange information regarding their claims and defenses. The process can take a considerable time, and both teams will have to look over a variety of documents, including police records and witness statements. They might also have to look at medical documents, bills, and other documents. Each side may request interrogatories. These are a series questions that the other side has to answer under oath in an agreed upon timeframe.
In this phase the lawyer will work with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they've affected your daily routine. Your lawyer will calculate your total damages. This will include future and past medical expenses and lost wages, as well as the pain and suffering of others, and accident lawyer many more.
Your lawyer may be able come to a settlement agreement with the insurance company of the driver who is at the fault. This will most likely be the case following the completion of the discovery process and prior to trial. If the insurance company refuses to settle the claim in a fair manner or if you've sustained significant losses that aren't covered by the insurance policy, the case could go to trial. A jury or judge will decide the case on the basis of all the evidence.
3. Discovery
Discovery is an essential step in any car accident lawsuit the attorney representing you and the negligent driver's insurance company exchange information that may support or accident lawyer damage your claim. Your attorney will request copies of the documents to support your case. This includes police reports, medical bills and work loss records from your employer (showing how much time you've missed due to the accident), photos of your vehicle as well as any injuries or damages and other financial details. Your attorney may also employ written discovery tools, such as interrogatories, requests for production and requests for admissions to interview witnesses and other parties that aren't present in the case.
These tools for discovery are used to exchange information between attorneys on both sides. They provide the opposing party a chance to respond to questions in writing, that must be sworn to in oath and to supply copies of certain documents or other data which could be beneficial to your case.
Your Long Island car accident attorney will also depose witnesses and anyone who has information about the damages or injuries you sustained that could be important to your case. During a deposition, the lawyer representing the party at fault will ask you questions and your answers could be recorded on video by the court reporter or translated.
The goal of these pretrial investigation processes is to allow your lawyer to create a strong and compelling case to the at-fault party and their insurer in order that you can receive a fair and complete settlement for your losses, injuries and expenses. There is no guarantee of a settlement in every case however most do so after or during the investigation process, which usually concluded prior to the trial.
4. Trial
Trials are possible in cases where you and the insurance company do not agree regarding the fault of the other party or the amount of compensation you should be awarded for your injuries. A trial is a formal process in which both sides present arguments and evidence to a factfinder who makes a decision that resolves the dispute. In personal injury cases, the factfinder is usually a jury.
Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence including photos or videos of the scene of the accident lawsuit or testimony from witnesses, medical professionals, or documents like police reports and bills. You may also offer your testimony regarding your memory of the incident and how it has affected your life. Expert witnesses can also offer testimony to support your claims. The attorney representing the defendant may cross-examine witnesses, and argue against the admissibility of specific evidence.
At trial, the jury has to decide whether the plaintiff's injuries were the result of the defendant's negligence. They will examine the proximate causality, a nebulous legal concept that law students will spend hours studying. Proximate causes considers the relationship between the defendant's actions and the plaintiff's injuries.
A jury is also required to determine the amount of damages you will be awarded. This is a complicated issue, as it depends on the severity of your injuries and the extent of your losses. Your attorney will present evidence, including expert testimony, regarding the severity of injuries that resulted in loss of income and earning potential, as well the extent of your suffering and impairment.
5. Settlement
Each state has a specific deadline to settle your claim or file a lawsuit. This is known as the statutes of limitations. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you may be required to file a vehicle accident lawsuit in court. It can be time-consuming and costly, however it is usually required to seek compensation.
During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where both sides exchange information with the other). Your lawyer will also file legal documents called motions asking the court for specific things such as excluding certain types of evidence in trial. Settlement negotiations may continue throughout the entire process, and a majority of civil disputes arising from car accidents end before a trial is required to be held.
Insurance companies are more likely to offer fair settlement offers if they believe that your claim for injury is solid and that you will be willing to go to trial. In addition, the settlement process is more efficient and less risky than a trial.
It is crucial to be aware of your injuries before you agree to a settlement. You must also have completed all medical treatment. If you agree to a settlement before your doctor has determined you have reached your maximum medical improvement (MMI) then you could not receive additional compensation. Also, you should not sign an agreement until you have talked to your lawyer and gained an accurate understanding of your losses. Your lawyer will make sure that you do not get a poor deal on compensation. They will scrutinize your medical records and other documents, to ensure that you are entitled to all damages you are entitled to.
