If the insurance company is refusing to pay the amount you require for your injuries, our tenacious lawyers will draft an official demand letter. This will outline all the economic losses you have suffered including medical expenses and lost wages, as well as non-economic damages like suffering and pain.
A judge or jury will then make a ruling. If they decide in your favor they will award you damages and the defendant is required to pay them.
1. Gathering Evidence
In a lawsuit involving a car accident, proving negligence and liability is key to obtaining compensation for your losses and injuries. The gathering of evidence is one of the first steps of the process of litigation, and it involves collecting documents witnesses' testimony, photographs, and official reports such as police reports.
Your lawyer may be able to determine what transpired in the accident by taking photographs of the scene, which include skid marks or road debris, as well as other physical evidence. Note down the names and contact numbers of any witnesses who were present to witness the events. It is crucial that witnesses who can confirm the events that were actually happening, as it may often be the case that drivers provide contradictory accounts that lead to insurance companies refusing to accept or deny responsibility.
Other forms of evidence your lawyer could utilize include medical records, which can include receipts, bills and diagnosis reports, accident lawyer laboratory results, discharge guidelines, and other evidence that demonstrates the extent of your injuries. It is essential to get these records as soon as you can and give copies to your healthcare providers.
Another type of evidence your attorney may employ is a deposition which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. Your lawyer can make use of this testimony to prove your injuries had a clear, identifiable connection to the accident compensation claims. This is a good argument to support seeking compensation. Most of the evidence discussed above can be gathered at the site of the accident claims or within a short time, but some may not be available until much later in the legal process. It is crucial to contact a car accident lawyer with the appropriate credentials immediately to begin an investigation as evidence is in its purest form.
2. Filing a Complaint
When the dust has cleared and you've treated your injuries, it's time to seek out legal counsel from an expert. A lawyer for car accidents can provide you with the knowledge to maximize your compensation.
The first step is to file a complaint with the court. It will describe your specific claims as well as the amount you'd like to claim in damages. This document is usually drafted by an attorney, and filed in the court. It will also be served to the defendant.
This also initiates the discovery phase, which allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can take a long duration and both teams will require a thorough review of documents including police reports and witness statements. They may also have to review medical documents, bills, and other documents. Each side may require interrogatories. These are a series of questions that the other party must answer under oath, within a specific date.
In this phase, your lawyer will also collaborate with your doctor to get the full picture of your injuries as well as the impact that they've affected your life. Your lawyer will then calculate your total damages, which will include the past and future medical costs and lost earnings, as well as suffering and pain, and more.
Sometimes, your lawyer may be able to reach an agreement with the at-fault driver's insurance company. This will most likely occur following the conclusion of discovery and prior to trial. If the insurance company is unable to offer a fair settlement or if you've suffered significant damages that are not covered by the insurance policy, your case may move forward to trial. A judge or jury will make a decision in the case based on the evidence presented.
3. Discovery
Discovery is a crucial stage in any lawsuit involving a car accident the attorney representing you and the negligent driver's insurance company exchange information that could assist or derail your claim. Your attorney will ask for copies of the documents that support your case, such as police reports, medical bills, work loss records (e.g. documents from your employer showing how much time you missed work because of the accident compensation claims) photos of your car and any damages or injuries and other financial information. Your attorney can also make use of written discovery tools, such as interrogatories and requests for production to question witnesses and parties who are not present.
These written discovery tools are used to exchange information between attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, that must be sworn to in oath and to supply copies of specific documents or other information that could be useful to your case.
Your Long Island car accident attorney will also depose witnesses and anyone with information about your injuries or damages which could be essential to your case. In a deposition, the lawyer for the person who is at fault will ask you various questions, and your answers will be recorded on video or transcribed by a court reporter.
The goal of these pretrial investigation processes is to enable your lawyer to build a strong and compelling case to the responsible party and their insurer so that you can receive an equitable and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in every case however most do so after or during the investigation process, which is usually concluded prior to the trial.
4. Trial
Trials are possible when you and the insurance company do not agree on the source of your fault or the amount of compensation you are entitled to for your injuries. A trial is an official proceeding where both parties are required to are required to argue their case and provide evidence before the factfinder, who makes a decision to resolve the dispute. In personal injury cases, the factfinder is usually a jury.
During the trial your lawyer will provide your version of the events in your opening statements to the jury as well as any other evidence you may have, such as images or videos of the accident scene, witness testimony from bystanders and medical professionals, as well as documents such as medical bills and police reports. You can also offer testimony regarding your memory of the incident and how it changed your life. Expert witnesses are also able to testify in support of your claims. The attorney representing the defendant may cross-examine witnesses and object to the admissibility of specific evidence.
The jury will determine at trial whether the plaintiff's injuries was the result of the defendant's negligence. They will look at proximate cause which is a complex legal concept that lawyers have to spend many hours studying during law school. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff’s injuries.
A jury must also determine the amount of damages you are entitled to. It's also a complicated issue because it depends on the degree of your injuries and the extent to which you've suffered. Your lawyer will present your evidence that includes expert witness testimony about the severity of your injuries, your loss of income, as well as future earnings potential and your suffering and pain, disfigurement, and impairment.
5. Settlement
Each state has a specific deadline that you must meet to settle your claim or bring a lawsuit. This is known as the statute of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you may need to file a car accident lawyers lawsuit in court. It is costly and time-consuming, but this is often necessary to get compensation.
During this procedure during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents known as motions that ask the court for things like the exclusion of certain kinds of evidence at trial. Settlement negotiations can continue throughout the entire process, and many car accident civil disputes end before a trial can be held.
Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and that you'll be willing to go to trial. Additionally, the settlement process is faster and less risky than a trial.
Before you agree to the settlement, it's important to understand the extent of your injuries and that you have completed all medical treatments. You could be denied additional compensation if you accept the settlement until your physician has determined that you have reached the point of maximum improvement. You should also not sign the release until you've had a conversation with your lawyer and received an accurate understanding of your losses. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will scrutinize your medical records, as well as other documents to ensure that you are entitled to all the damages that you are entitled to.
