The First Steps in Car accident law firm Litigation

Our tenacious lawyers will prepare a formal demand letter if an insurance company refuses to pay you the amount you need to cover your injuries. This will list all your financial losses including medical expenses and lost wages, and other damages that are not economic, like pain and suffering.

Then, a judge or jury will then make a decision. If they decide in your favor, they will make you a victim and the defendant has to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is key to obtaining compensation for your injuries and losses. The gathering of evidence is one of the initial steps in the litigation process, and it requires gathering documents witnesses' testimony, photographs as well as official reports such as police reports.

Your lawyer might be able to establish the circumstances of the accident by taking photos of the scene, including skid marks road debris, skid marks and other physical evidence. Take down the names and contact information of any witnesses who were present to witness what happened. Witnesses that testify to support your version of the events is essential particularly since it can be common for drivers to have contradictory accounts of what happened that leads to insurance companies refusing to accept the claim or even denying responsibility altogether.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injuries. They could include receipts, bills and lab results, diagnose reports, discharge instructions, and other records. You should obtain these records as soon as you can and give copies to your medical professionals.

Another form of evidence that your lawyer could use is a deposition, which is a non-court-issued testimony that is given under oath and recorded by a court reporter. Your lawyer could use the testimony to establish that your injuries have an immediate and clear connection to the accident which can help justify the compensation you deserve for your damages. Most of the evidence discussed above can be collected at the scene of the crash or shortly after, but some may not be available until much later in the litigation. This is why it's vital to consult a highly-credentialed lawyer in the event of a car accident as soon as you can, so they can begin an investigation while vital evidence is still in its purest form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, it's best to seek legal guidance from an expert. A car accident attorney will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is filing an application with the court. This will outline your specific claims as well as the amount of money you wish to recover in damages. The complaint is typically written by your attorney and filed with the court, and then served to the defendant.

The discovery phase begins by allowing both parties to exchange information about their defenses and claims. The process can be long and requires both parties to go through a myriad of documents including police reports as well as witness statements and medical records, as well as bills and more. Both sides can request interrogatories. They are a set of questions that the other side has to answer under oath within an agreed upon timeframe.

In this phase the lawyer will work with doctors to ensure they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your attorney will calculate your total damages. This will include past and upcoming medical expenses, lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer might be able to reach an agreement with the at-fault driver's insurance company. This is more likely following discovery, but before trial. If the insurance company is unable to offer a fair settlement or if you've incurred significant damage that is 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 upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident lawsuits case. This is the time when your attorney and the negligent insurer for the driver share information that could either support or derail your claim. Your attorney will ask for copies of documents that support your case, such as medical bills, police reports or work-related loss records (e.g., from your employer indicating how long you missed work due to the accident) photographs of your vehicle as well as any injuries or damage as well as other financial information. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to question witnesses and other parties who are not present.

These tools for writing discovery are exchanged between attorneys on both sides. They provide the opposing party the chance to respond to questions in writing, which need to be answered under oath, and to provide copies of certain documents or other information which could be beneficial to your case.

Your Long Island car accident attorney will also question witnesses and any other person with information about the damages or injuries you sustained that could be essential to your case. During a deposition, the at-fault party's lawyer will ask you several questions, and your answers will be recorded on video or transcribed by a court reporter.

The pretrial investigation process is designed to assist your lawyer construct a compelling case against the responsible party and their insurance company in order to negotiate a fair settlement for all your losses, injuries, expenses and losses. There is no guarantee of a settlement in each case however the majority of them do so after or during the investigation process, which usually completed before the trial.

4. Trial

Trials are a possibility in situations where you and the insurance company are not in agreement on the source of your fault or the amount you should receive for your injuries. A trial is a formal proceeding in which both sides present their arguments and evidence to a factfinder who makes an announcement to settle the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will give your account of the events in your opening statements to the jury as well as any other evidence you may have, such as photographs or videos of the accident scene, witness testimony from bystanders and medical professionals, and documents such as medical bills and police reports. You can also offer testimony about your memories of the incident and how it has had an impact on your life. Expert witnesses are also able to testify in support of your claims. The lawyer for the defendant may interrogate witnesses and contest the admissibility of certain evidence.

The jury will determine at trial whether the plaintiff's harm was caused by the defendant's reckless behavior. They will consider proximate cause, a complicated legal concept that lawyers spend many hours studying during law school. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury is also required to decide how much compensation you are entitled to. This is a thorny issue due to how severe your injuries are and the severity of your losses. Your lawyer will provide evidence including expert testimony regarding the severity of injuries, lost income and future earning potential, as well as your pain and suffering as well as impairment.

5. Settlement

Each state establishes a legal deadline, referred to as the statute of limitations in which you must settle your claim or bring a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you could require filing a car accident lawsuit in court. It can be expensive and time-consuming, but this is often required to seek compensation.

During this procedure the Long Island personal injury lawyer will participate in discovery (a formal procedure in which each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents known as motions asking the court for specific things such as excluding certain types of evidence during trial. Settlement negotiations can continue during this process. Many car accident civil disputes are settled before trial is required.

If they feel that your injury claim is solid and you are willing to go to trial Insurance companies will offer a fair settlement offer. Additionally, the settlement process is more efficient and less risky than a trial.

Before you agree to the settlement, it's essential to be aware of the extent of your injuries and that you have completed all medical treatments. It is possible to lose additional compensation if you sign the settlement until your physician has determined that you have reached the maximum medical improvement. You should also not sign a settlement agreement before you have spoken to your lawyer about your injuries. Your lawyer will ensure that you do not be denied compensation that is valuable. They will scrutinize your medical records, and other documentation, to ensure that you receive all the damages you are entitled to.