How a Lawyer Can Help You File a Car Accident Lawsuit Accidents can cause devastating injuries and losses. If you're injured in a car crash caused by the negligence of another driver or if the insurance does not cover your damages or injuries, you may be required to file a lawsuit. Then, your lawyer will take steps to officially start the lawsuit process. This will include gathering medical documents, evidence, and other details about the accident and your injuries. Talk to a Lawyer Many car accident victims find that they are compensated more when they have an attorney. It is because they have the experience and expertise in law. There are a myriad of practical ways that legal counsel can aid. When you meet with a lawyer, they will examine all relevant facts and evidence about the accident and injuries. This may include documents you have gathered such as medical records, insurance claim documents along with police reports and more. In addition, you'll discuss the nature of your injuries. This will include how serious they are, the resulting ongoing medical costs, as well as any loss of earning potential. A lawyer can assess the extent of damage and injury, and then help you create a realistic estimate for the amount you could be awarded in a settlement or a jury verdict. They can also explain the potential issues that could arise and how they have dealt with similar cases in the past. It is recommended to contact an attorney as soon as possible after your accident. This will allow them to examine your case and gather the needed evidence before it is too late. This will also ensure that you are well within the statute of limitations. A personal injury lawyer can begin negotiations with the insurer of the party accountable for your injuries once they are fully aware of your case. There is no obligation to accept any offer made by the lawyer. If you fail to reach an agreement, your lawyer could bring a lawsuit on your name. This is a lengthy process that includes the filing of a lawsuit, discovery, and trial. It could take several months or more than a full year, depending on the complexity of your situation. If you are deciding on a personal injury lawyer, it is important to consider their experience and the reputation of their firm. They should have a successful track record and the resources to procure expert witnesses. Collect evidence You must have strong evidence to prove your case for compensation. This will not only allow you to establish your innocence, but it will also allow you to receive the full amount of financial damages you deserve. It is crucial to collect as much evidence as you can including medical records, photos, police reports and witness testimony. It is recommended to start this process as soon as the accident occurs, if it is possible. The police report is the initial piece of evidence you'll need. It is written by law enforcement personnel at the scene. The report will include the names of everyone involved in the accident, as well as their statements as well as the location of the crash and other relevant information. This is an important piece of evidence that the defendant's insurance company and the insurer should examine in the initial stages of an action. Your attorney will then start collecting the financial and medical documentation related to the accident. The documents include medical records and bills for your injuries, as well as receipts for damage to your vehicle and other assets. It is also crucial to have pay stubs of any income you lost due to the accident. Take a lot of photographs of the scene of the accident including skid marks, the damage to the vehicle, and other physical evidence. Photos can be extremely helpful for anyone who is not at the scene to view and may help to strengthen your case. After the initial exchange of documents during the discovery phase the lawyer may then send a note to the defendant outlining evidence of the defendant's liability for the accident as well as the alleged damages that you are seeking both for economic and non-economic losses. This is known as a Bill of Particulars. The defendant then has the opportunity to file an answer to your complaint. The court will then plan a pre-trial conference to decide the schedule for mandatory physical and oral exams as well as the production of documents. Parties will also be able to consult with experts on the causes of an accident and the impact it had on your losses. Discuss your options with your Insurance Company If it is evident that the insurance company of the at-fault party is responsible for settling your accident-related losses Your lawyer will draft and send an order letter to the insurer. The document outlines details of the incident and the legal arguments that your lawyer must provide to prove that the insured should be held accountable and a demand for damages. The insurer will conduct an investigation into the incident. This strategy is employed to limit your claim by undervaluing your injuries and damages to property. They may also attempt to deny you the claim completely. You will be required to provide proof of your losses, including medical bills, loss of income as well as expenses related to your accident or the death of a loved one, as well as the amount of the property damage. An experienced Long Island car accident lawyer will collaborate with experts to determine the totality of your damages and the amount you'll need to receive in order to fully compensate you. The insurance company will offer a counter-offer after receiving the demand letter. They usually provide a far lower figure than what you're asking for. They may even try to argue that the injuries you've stated aren't as severe as they claim, or that their client was not responsible for an accident. This is why it is important to always have a lawyer by your side to protect your rights. A competent lawyer will know when is the right time to agree to an offer of settlement. They will evaluate the current and anticipated cost of your injuries and losses as well as any potential life altering effects. Many cases involving car accidents can be resolved 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 unhappy with the outcome you may choose to appeal the decision. You could receive the compensation you deserve if are successful in bringing your case. This is particularly important for those who have suffered serious injuries and will be dealing with the consequences of their injuries for the rest of their lives. Filing a Lawsuit When insurance companies fail offer a fair price on the claim, or you are not satisfied with the results of your settlement, it could be the time to pursue legal action. A knowledgeable New York car accident attorney can help you navigate the process and ensure that your rights are protected. During the process of litigation, your attorney will ask you for any documents that can assist in proving your case. This includes medical records and police reports. Additionally, they will request witnesses' testimony, photographs and videos of the scene of the accident and other relevant information. The earlier you can provide all of this information to your attorney, the greater your chances of receiving the maximum amount of compensation for your accident. When your lawyer has all of this information and is able to prepare an action. It is an official document that's filed with the court and served on the defendants (the parties mentioned in your lawsuit). The complaint will include details about the circumstances of the case and the legal grounds for which you're seeking to recover damages. It will also outline your claim for compensation. The defendants will be given a specified time to respond to the complaint. https://vimeo.com/709408322 includes a counterclaim which is an attempt to defend their case against the accusations. Some cases involving accidents are settled out of court. Your lawyer will determine if you'd be better off seeking a settlement or bringing the case to trial. It is up to you and your family members to determine what is best for them. The trial itself is likely to last one or two days, and it could be argued by a judge alone, or it may be presented to jurors. Both sides will argue and provide evidence to support their claims. If you're dissatisfied with the result of your trial you can always make an appeal. Many people think of dramatic courtroom scenes when they contemplate filing a lawsuit. However the majority of cases are settled outside of the courtroom. It's usually cheaper, faster and less risky for both parties to reach an agreement than to go to trial.