How a Lawyer Can Help You File a Car Accident Lawsuit Accidents can result in devastating injuries and even losses. If the negligence of another driver results in a car crash that leaves you injured or if their insurance doesn't provide enough to cover all of your injuries, you may need to bring a lawsuit. Your lawyer will make the necessary steps to officially start the lawsuit process. This involves collecting medical records, evidence and information about the crash and your injuries. Speak with a lawyer Many car accident victims realize that they receive more compensation when they engage an attorney. It is mainly because they have the expertise and experience in the field of law. There are also a number of practical ways that lawyers can assist. When you meet with an attorney, they will examine the evidence and facts surrounding the accident and injuries. This could include documents you have gathered such as medical documents, insurance claims paperwork, police reports and more. Additionally, you'll discuss the nature of your injuries. This will include how serious they are, as well as the ongoing medical costs, and any lost earning potential. A lawyer can determine the extent of your injury as well as the damages you have suffered. They can also assist you in determining a realistic estimate of how much you might receive from a settlement or a judgment. They can also provide information on any potential challenges that might arise and how they have handled similar issues in the past. It is recommended to speak to an attorney as soon as you can following your accident. This will allow them to begin looking into your case and gathering the necessary evidence before it is too late. This will also ensure that you are within your state's statute of limitations. Once they have a full knowledge of your situation the personal injury lawyer can begin discussions with the insurer of the responsible party. They may be able resolve your case without going to court, however, you are not obligated to accept any settlement offers that are made. If you are unable to agree to a settlement the lawyer can bring a lawsuit on your behalf. This involves a lengthy process that involves filing the complaint, a discovery request, and trial. It could take several months or longer than a full year based on the complexity of your case. If you are deciding on a personal injury lawyer, it is important to take into consideration their experience and the quality of their firm. They should have a solid track record and the resources to procure experts to testify on your behalf. Collect Evidence You must have solid evidence to support your claim for compensation. This will not only help you prove your innocence, but will also permit you to receive the maximum amount of monetary damages that you deserve. It is important to collect as all evidence you can including medical records and police reports. Photographs and witness testimony can be very valuable. You should try to do this immediately after the accident occurs, if you can. The first piece of evidence you'll need is the police report, which was made at the scene of the accident by law enforcement officers. The report will include the names of everyone who was involved in the accident, as well in their statements along with the crash location and other relevant information. This report is a vital piece of evidence for the insurance company as well as the defendant to review at the beginning of the lawsuit. Your lawyer will then begin to collect the financial and medical documentation that are related to the accident. These documents will include the medical bills and records for your injuries as well as receipts for any damage to your vehicle or other property. It is also important to have the pay stubs of any income you lost as a result of the accident. You should also take lots of photos of the crash scene and skid marks, the vehicle damage, and any other evidence that is found at the site of the crash. Photographs can be very useful to exhibit at the trial for anyone who was not present at the scene and can strengthen your case. After the initial exchanges of documents during the discovery stage, your lawyer may send a note to the defendant that outlines evidence of the defendant's liability in the incident and the damages you seek for economic and noneconomic losses. This is referred to as a Bill of Particulars. The defendant can then respond to your complaint. At this stage, the court will arrange a pre-trial conference to set the schedule for obligatory oral and physical examinations and document production. The parties are also able to get expert opinions on how the accident happened and the impact it has on your losses. Discuss your options with your Insurance Company If it's clear that the insurer of the party at fault is responsible for covering your losses resulting from accidents the lawyer will prepare and send an order letter to the insurance company. This document outlines the facts of the case, the legal arguments your lawyer can use to justify why their insurance company should be held accountable, and an offer for damages. The insurance company will investigate the incident. This is a standard tactic used to undermine your claim, minimize the damage to your property and injuries and ultimately limit the amount they'll pay. They may also try to deny your claims entirely. You'll need to provide proof for your losses. This includes medical bills or lost income, costs that result from your injury, the death of a loved one and property damage. An experienced Long Island car accident lawyer will consult with experts to determine the totality of your damages and the amount you require to be compensated fully. After the demand letter is sent, the insurance company will respond with a counter-offer. They typically will offer much less than what you're seeking. They may even try to argue that the injuries you've been describing aren't as severe as they claim or that their client was not at fault 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 it is the right time to accept an offer of settlement. They will look at the present and projected cost of your injuries and loss as well as any potential life-altering effects. While a trial is the last option, a lot of car accident cases are settled out of court, saving both sides time and money. Based on the type of case and the type of case, a judge or jury will decide the final outcome. If you're unhappy with the outcome you can decide to appeal the decision. You can get the compensation you are entitled to if you are successful in bringing your case. This is particularly crucial for those who've suffered serious injuries and will have to deal with the consequences of their injuries for the rest of their lives. You can make a claim in court If insurance companies do not offer a fair price on an insurance claim, or if you are dissatisfied with the results of your settlement, it could be the right time to pursue legal action. A New York car accident lawyer will help you navigate and protect your rights. During the litigation process, your attorney will ask you for any documents which could assist in proving your case. This includes medical records and police reports. Also, it includes witnesses' testimony, photographs and videos of the scene of the accident as well as other details. The sooner your attorney is able to access all of this information, the more likely it is that you'll receive the highest compensation for your accident. Once your lawyer has all this information, he or she will draft an action. It is a form of document that is filed in court and delivered to the defendants. The complaint should outline the details of the case, the legal basis that you are suing to recover damages, and your request for compensation. The defendants will be given an agreed-upon time to respond to the complaint. This usually includes a counterclaim which is their attempt to defend themselves against your accusations. The majority of accidents settle out of court but there are some that don't. Your lawyer will tell you if a settlement is more beneficial than a trial. However, it's ultimately up to you to decide what is best for you and your family. The trial will take between one and two days. The trial can be conducted by a single judge or a jury. Both sides will provide evidence and arguments in the favor of their side. If you're dissatisfied with the result of your trial, you may make an appeal. Many people imagine dramatic courtroom scenes when they think of filing a lawsuit but the vast majority of accidents are settled outside of court. Negotiating a settlement is usually faster, cheaper and less risky than bringing the case to court.