Ten Apps To Help Manage Your Accident Compensation
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The First Steps in Car Accident Litigation
Our firm of tenacious lawyers will draft a formal letter of demand if the insurance company refuses to pay the amount you require for your injuries. This will outline all the economic losses you have suffered including medical expenses and lost wages, and non-economic damages like suffering and pain.
A jury or judge will then take a call. If they rule in your favor they will be able to award you damages, and the defendant must pay them.
1. Gathering Evidence
In a car accident lawsuit the proof of negligence and liability is crucial to get compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports, like police reports and other official reports.
Photographs of the scene of the accident may help your attorney establish what actually happened in the collision, including the location of both cars following the impact, skid marks, road debris, and other physical evidence. Note down the names and contact numbers of any witnesses who were present to witness what transpired. It is crucial to have witnesses confirm the events took place, as it can often happen that drivers offer contradictory statements that result in insurance companies refusing or denying responsibility.
Medical records can also be utilized by your lawyer to demonstrate the severity of your injury. These records could include bills, receipts and lab results, diagnose reports, discharge instructions, and other documents. You should obtain these records as soon as you can and send copies to your medical professionals.
Another form of evidence that your attorney could employ is a deposition which is out-of-court testimony given under oath that is then transcribing by a court reporter. The lawyer can utilize this testimony to prove that your injuries were an immediate, obvious connection to the accident. This helps to justify seeking compensation. While the majority of the above kinds of evidence can be taken at the scene of the accident or shortly thereafter, some of them may not be accessible until later in the litigation process. This is why it's crucial to consult a highly-credentialed lawyer for car accidents as soon as you can, so they can begin an investigation as evidence is in its purest form.
2. Filing a complaint
Once the dust has settled and you've taken care of your injuries, it's time to seek out legal counsel from an expert. A car accident attorney will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.
The first step is to file a complaint with court, which details the specific claims that you're bringing and the amount you are seeking in damages. This form is usually prepared by an attorney and then filed in court. It will also be served to the defendant.
This also begins the discovery phase that allows both sides to exchange information and documents related to their claims and defenses. The process can take a considerable time, and both teams will be required to examine a large number of documents, including police reports and witness statements. They might also need to examine medical documents or bills, as well as other documents. Each side is able to request interrogatories. They are a set of questions which the other side must answer under oath within the specified timeframe.
In this stage, your lawyer will also collaborate with medical professionals to ensure they have a complete picture of the severity of your injuries as well as the impact they have affected your daily routine. Your attorney will then calculate your total damages that include future and past medical expenses, lost earnings, suffering and pain, and more.
Your lawyer may be able reach a settlement agreement with the insurance company of the driver who is at the fault. This is more likely following discovery, but before 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 may be required to go to trial. A jury or judge will make a final decision in the case based on the evidence presented.
3. Discovery
Discovery is an essential step in any lawsuit involving a car accident the attorney representing you and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will request copies of documents to support your case. These include 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 and any damages or injuries, and other financial information. Your attorney may also use written discovery tools, such as interrogatories and requests for production to question witnesses and parties who are not present.
The written discovery tools are circulated back and forth between attorneys on both sides. Written discovery tools allow the opposing side an opportunity to respond to questions in writing, which must be answered under oath and to provide copies of other information that could be helpful to you.
Your Long Island car accident attorney will also interview witnesses and any other person with information about the damages or injuries you sustained that could be vital to your case. In a deposition, the lawyer representing the at-fault party will ask you questions and your answers are 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 to the at-fault party and their insurer, so that you can get an adequate and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case, but most do so after or during the investigation process, which is usually done prior to trial.
4. Trial
Trials are a possibility in situations when you and the insurance company disagree 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 ruling that resolves the dispute. In personal injury cases the factfinder is typically a jury.
During the trial the lawyer will present your version of events in your opening statements to the jury, and any supporting evidence that you have, like images or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, and documents such as police reports and medical bills. You can also give your testimony regarding your memory of the incident and how it changed your life. Expert witnesses can also give evidence to support your claims. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of evidence.
The jury will determine at trial if the plaintiff's injury was caused by the defendant's negligent behavior. They will consider proximate cause an intricate legal concept that lawyers spend many hours studying in law school. Proximate cause examines how close the connection is between the defendant's actions and the plaintiff's injuries.
A jury is also required to determine the amount of damages you are entitled to. This is another complicated issue depending on the severity of your injuries and the severity of your losses. Your attorney will present your evidence including expert witness testimony on the severity of your injuries, your loss of income, and your future earnings potential and your suffering and pain disfigurement, impairment, and pain.
5. Settlement
Every state has a legal deadline, referred to as the statute of limitations that you must meet to settle your claim or make a claim. If your lawyer is unable to negotiate a settlement with your insurer, you could be required to file a lawsuit in court. It's costly and time-consuming, however it is often necessary to get compensation.
During the discovery procedure, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal procedure where both sides exchange information with the other). Your lawyer will also make legal filings, also known as motions, requesting the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can continue throughout the entire process, and a majority of civil disputes in car accidents settle before a trial has to be held.
Insurance companies are more likely to make fair settlement offers if they believe your injury claim is strong and that you are willing to take the case to trial. In addition settlement is quicker and less risky than a trial.
Before settling on an agreement, it's important that you fully understand the severity of your injuries. You must also have completed all medical treatments. If you settle before your doctor has determined you have reached maximum medical improvement (MMI) then you could not receive additional compensation. Don't sign a release before you have spoken to your lawyer about your damages. Your lawyer will make sure that you don't lose out on valuable compensation. They will review your medical records, as well as other documentation, to ensure that you receive all the compensation you're entitled to.
Our firm of tenacious lawyers will draft a formal letter of demand if the insurance company refuses to pay the amount you require for your injuries. This will outline all the economic losses you have suffered including medical expenses and lost wages, and non-economic damages like suffering and pain.
A jury or judge will then take a call. If they rule in your favor they will be able to award you damages, and the defendant must pay them.
1. Gathering Evidence
In a car accident lawsuit the proof of negligence and liability is crucial to get compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports, like police reports and other official reports.
Photographs of the scene of the accident may help your attorney establish what actually happened in the collision, including the location of both cars following the impact, skid marks, road debris, and other physical evidence. Note down the names and contact numbers of any witnesses who were present to witness what transpired. It is crucial to have witnesses confirm the events took place, as it can often happen that drivers offer contradictory statements that result in insurance companies refusing or denying responsibility.
Medical records can also be utilized by your lawyer to demonstrate the severity of your injury. These records could include bills, receipts and lab results, diagnose reports, discharge instructions, and other documents. You should obtain these records as soon as you can and send copies to your medical professionals.
Another form of evidence that your attorney could employ is a deposition which is out-of-court testimony given under oath that is then transcribing by a court reporter. The lawyer can utilize this testimony to prove that your injuries were an immediate, obvious connection to the accident. This helps to justify seeking compensation. While the majority of the above kinds of evidence can be taken at the scene of the accident or shortly thereafter, some of them may not be accessible until later in the litigation process. This is why it's crucial to consult a highly-credentialed lawyer for car accidents as soon as you can, so they can begin an investigation as evidence is in its purest form.
2. Filing a complaint
Once the dust has settled and you've taken care of your injuries, it's time to seek out legal counsel from an expert. A car accident attorney will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.
The first step is to file a complaint with court, which details the specific claims that you're bringing and the amount you are seeking in damages. This form is usually prepared by an attorney and then filed in court. It will also be served to the defendant.
This also begins the discovery phase that allows both sides to exchange information and documents related to their claims and defenses. The process can take a considerable time, and both teams will be required to examine a large number of documents, including police reports and witness statements. They might also need to examine medical documents or bills, as well as other documents. Each side is able to request interrogatories. They are a set of questions which the other side must answer under oath within the specified timeframe.
In this stage, your lawyer will also collaborate with medical professionals to ensure they have a complete picture of the severity of your injuries as well as the impact they have affected your daily routine. Your attorney will then calculate your total damages that include future and past medical expenses, lost earnings, suffering and pain, and more.
Your lawyer may be able reach a settlement agreement with the insurance company of the driver who is at the fault. This is more likely following discovery, but before 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 may be required to go to trial. A jury or judge will make a final decision in the case based on the evidence presented.
3. Discovery
Discovery is an essential step in any lawsuit involving a car accident the attorney representing you and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will request copies of documents to support your case. These include 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 and any damages or injuries, and other financial information. Your attorney may also use written discovery tools, such as interrogatories and requests for production to question witnesses and parties who are not present.
The written discovery tools are circulated back and forth between attorneys on both sides. Written discovery tools allow the opposing side an opportunity to respond to questions in writing, which must be answered under oath and to provide copies of other information that could be helpful to you.
Your Long Island car accident attorney will also interview witnesses and any other person with information about the damages or injuries you sustained that could be vital to your case. In a deposition, the lawyer representing the at-fault party will ask you questions and your answers are 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 to the at-fault party and their insurer, so that you can get an adequate and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case, but most do so after or during the investigation process, which is usually done prior to trial.
4. Trial
Trials are a possibility in situations when you and the insurance company disagree 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 ruling that resolves the dispute. In personal injury cases the factfinder is typically a jury.
During the trial the lawyer will present your version of events in your opening statements to the jury, and any supporting evidence that you have, like images or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, and documents such as police reports and medical bills. You can also give your testimony regarding your memory of the incident and how it changed your life. Expert witnesses can also give evidence to support your claims. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of evidence.
The jury will determine at trial if the plaintiff's injury was caused by the defendant's negligent behavior. They will consider proximate cause an intricate legal concept that lawyers spend many hours studying in law school. Proximate cause examines how close the connection is between the defendant's actions and the plaintiff's injuries.
A jury is also required to determine the amount of damages you are entitled to. This is another complicated issue depending on the severity of your injuries and the severity of your losses. Your attorney will present your evidence including expert witness testimony on the severity of your injuries, your loss of income, and your future earnings potential and your suffering and pain disfigurement, impairment, and pain.
5. Settlement
Every state has a legal deadline, referred to as the statute of limitations that you must meet to settle your claim or make a claim. If your lawyer is unable to negotiate a settlement with your insurer, you could be required to file a lawsuit in court. It's costly and time-consuming, however it is often necessary to get compensation.
During the discovery procedure, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal procedure where both sides exchange information with the other). Your lawyer will also make legal filings, also known as motions, requesting the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can continue throughout the entire process, and a majority of civil disputes in car accidents settle before a trial has to be held.
Insurance companies are more likely to make fair settlement offers if they believe your injury claim is strong and that you are willing to take the case to trial. In addition settlement is quicker and less risky than a trial.
Before settling on an agreement, it's important that you fully understand the severity of your injuries. You must also have completed all medical treatments. If you settle before your doctor has determined you have reached maximum medical improvement (MMI) then you could not receive additional compensation. Don't sign a release before you have spoken to your lawyer about your damages. Your lawyer will make sure that you don't lose out on valuable compensation. They will review your medical records, as well as other documentation, to ensure that you receive all the compensation you're entitled to.
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