The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if an insurance company refuses to pay you the amount you need for your injuries. This will include all of your financial damages, such as medical bills and lost wages, and non-economic damages, like pain and suffering.

A judge or jury will then make a decision. If they rule in your favor they will be able to award you damages, and the defendant has to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the 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.

Your attorney may be able to determine the circumstances of the accident by taking photographs of the scene, including skid marks, road debris and other physical evidence. Also, note the names and contact numbers of any eyewitnesses who witnessed the incident. Witnesses that testify to support your account of what transpired is vital as it could be common for drivers to have contradictory reports of what happened, which leads to insurance companies refusing to accept the claim or denying the responsibility completely.

Other evidence forms your lawyer could utilize include medical records, which could include receipts, bills, diagnosis reports, lab results, discharge instructions and other evidence that demonstrates the severity of your injuries. You should get these records as soon as possible and ensure that you provide copies to your medical professionals.

Another form of evidence your attorney could make use of is a deposition which is an out-of court testimony delivered under oath and recorded by a court reporter. Your lawyer could utilize the testimony to prove that your injuries had a direct and foreseeable connection to the crash and can be used to justify compensation for your losses. Although the majority of the above kinds of evidence can be taken at the scene of the accident lawsuits or within a short time after however, some evidence may not be available until later in the litigation process. It is essential to contact an attorney in the case of a car crash with the appropriate credentials as soon as you can to begin an investigation while the evidence is still in its purest form.

2. The process of filing a complaint

After the dust has settled, and you've taken care of your injuries, you should seek legal advice from a professional. A car accident attorney can provide the expertise needed to help you get the most compensation for your claim.

The first step is to file a complaint with court, which details the specific claims that you have filed and the amount of money you're seeking in damages. This document is typically drafted by your attorney and filed with the court and served on the defendant.

The discovery phase starts by allowing both parties to share information regarding their claims and defenses. The process can be long and requires both teams to review many documents, including police reports and witness statements medical records, bills and more. Each side may request interrogatories. These are a series of questions that the other side has to answer under oath within an agreed upon timeframe.

In this phase, your lawyer will also collaborate with doctors to get a full picture of your injuries and the impact they've caused on your life. Your lawyer will then calculate your total damages that include the future and past medical expenses as well as lost earnings, suffering and pain and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely to happen following discovery and prior to trial. If the insurance company is unwilling to offer an equitable settlement, or if the damages are significant and not covered by insurance, then you may be required to appear in court. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit in which your attorney and the insurance company of the negligent driver company exchange information that could help or hurt your claim. Your attorney will ask for copies of the documents that support your case, including medical bills, police reports and work loss records (e.g. an email from your employer that outlines the amount of time you were absent from work due to the accident), photographs of your vehicle, any injuries or damages or other pertinent financial information. Your attorney will also use written discovery tools, such as interrogatories or requests for production as well as request for admissions to question witnesses and parties who are not present in the case.

The written discovery tools are sent back and forth between attorneys on both sides. The tools for writing discovery give the other side an opportunity to respond to questions in writing that must be sworn to under oath, and to provide copies of other information which could be helpful to you.

Your Long Island car accident lawyer will also take depositions of witnesses to the accident and anyone with information on your injuries or damages that could be relevant to your case. During a deposition, the lawyer representing the party at fault will ask you questions and your responses will be recorded on video by a court reporter or transcribing.

The goal of these pre-trial investigation procedures is to help your lawyer to construct an effective and convincing argument to the party at fault and their insurer, so that you are able to secure an equitable and fair settlement for your injuries, losses and expenses. Although there is no guarantee that all cases settle however, the majority settles during or after the discovery process, which may be completed before the case goes to trial.

4. Trial

While the vast majority of car accidents settle through out-of-court negotiations however, if you and your insurance company are not in agreement about who is to blame or the amount of compensation you should receive for your injuries, your case may go to trial. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder, who issues a decision that settles the issue. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any evidence supporting it like photos or videos of the scene of the accident as well as testimony from witnesses and medical professionals, documents like police reports and bills. You may also testify about your memory of the incident, and how it impacted your life. Expert witnesses can also offer evidence to support your assertions. The lawyer representing the defendant can interrogate witnesses and object to the admissibility of certain evidence.

At trial, jurors must decide whether the plaintiff's injuries were caused by the defendant's negligence. They will consider proximate cause which is a tangled legal concept that lawyers will spend many hours studying in law school. Proximate cause examines how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. It's also a complicated matter because it is based on the extent of your injuries and the extent to which you have suffered. Your attorney 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 as well as your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations, where you have to settle your claim or make a claim. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, then you might require filing a car accident lawsuit in the court. It is costly and time-consuming, however it is often necessary to get compensation.

During this process the Long Island personal injury lawyer will be involved in discovery (a formal procedure in which parties exchange information with the other side) and will attend hearings. Your attorney will also submit legal documents, referred to as motions, requesting the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout the entire process, and most civil disputes arising from car accidents end before a trial can be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is strong and that you are willing to take the case to trial. Additionally the settlement process is faster and less risky than a trial.

Before settling the settlement, it's crucial to fully comprehend the severity of your injuries and completed all medical treatment. You may not receive additional compensation if you sign an offer of settlement until your doctor has determined that you have reached the point of maximum improvement. You should also not sign the release until you've spoken with your lawyer and gained full understanding of your losses. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will carefully examine your medical records and other documents to ensure that you get the full amount of damages to that you are eligible.