The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you need for your injuries, our tenacious attorneys will prepare a formal demand letter. This letter will detail all of your financial damages like medical expenses and lost wages, as well as non-economic damages such as pain and discomfort.

A judge or jury will then come to a decision. If they come to a decision in your favor you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving the negligence and liability is essential to receive compensation for your injuries and losses. Collecting evidence is one the initial steps in the litigation process, and it involves gathering documents including photographs, witness statements as well as official reports such as police reports.

Photographs of the scene of the accident may assist your attorney in determining what actually transpired in the collision, including the positions of both cars following the collision, skid marks, road debris and other evidence that is physical. Also, take note of the names and contact information of any witnesses who were present at the incident. It is essential that witnesses to verify the events that were actually happening, as it may often happen that drivers give contradictory statements that result in insurance companies refusing or denying liability.

Medical records can also be used by your lawyer to demonstrate the severity of your injury. These documents could include receipts, bills as well as lab results, diagnosis reports, discharge instructions and other documentation. You should seek these documents as soon as you can, and make sure to give copies to your healthcare professionals.

A deposition is a different type of evidence that your attorney may employ. It's an out-of court testimony under oath and later transcribing by a Court Reporter. The lawyer can utilize the testimony to prove the fact that your injuries had an immediate and obvious connection to the crash which can help justify compensation for your losses. The majority of the evidence mentioned above is available at the site of the accident or soon after however some evidence may not be available until much later in the legal process. This is the reason it's essential to speak with a well-credentialed car accident lawyer as quickly as possible so that they can begin investigating while vital evidence is still in its purest form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, you should seek legal advice from an experienced. A lawyer for car accidents can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint with court, which outlines the specific claims that you're bringing and the amount of money you are seeking in damages. This type of document is typically drafted by an attorney and filed in court. It will also be delivered to the defendant.

The discovery phase begins, allowing both parties to share information regarding their claims and defenses. The process can be very long and requires both parties to look over a number of documents, including police reports and witness statements, medical records, bills and more. Each side may request interrogatories. They are a set of questions that the other side must answer under oath in the specified timeframe.

In this phase your lawyer will work with doctors to ensure they have a complete picture of the severity of your injuries and the impact they have had on your daily life. Your lawyer will determine the total damages. This will include future and past medical expenses and lost wages, as well as suffering and pain, and much more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver who is at fault. This is more likely following discovery and prior to trial. However, if the insurance company is unable to provide a fair settlement or if you've incurred significant damages that are not covered by the insurance policy, your case may go to trial. A judge or jury will make a decision on the case based on the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit where your lawyer and the insurance company exchange information that may support or damage your claim. Your attorney will ask for copies of documents that support your case. These include police reports as well as medical bills and work loss records from your employer (showing how much time you were absent due to the accident) photos of your vehicle as well as any injuries or damages, and other financial information. Your lawyer will also make use of written discovery tools such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and parties who aren't present in the case.

These documents are exchanged between attorneys on both sides. They provide the opposing party the chance to respond to questions in writing, that must be sworn to under oath, and to supply copies of certain documents or other information that could be useful to your case.

Your Long Island car accident lawyers attorney will also depose witnesses and anyone who has information about the damages or injuries you sustained that could be vital to your case. During a deposition, the lawyer representing the person at fault will ask you questions and your responses will either be recorded on video by the court reporter or translated.

The purpose of these pretrial investigation processes is to help your lawyer to construct an argument that is convincing and persuasive against the at-fault party as well as their insurer in order that you can get a fair and complete settlement for your injuries, losses and expenses. While there is no guarantee that all cases will settle, the majority do either during or after the discovery process, which can be completed before your case is brought to trial.

4. Trial

Trials are a possibility in situations when you and the insurance provider disagree regarding the fault of the other party or the amount you should receive for your injuries. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder who makes a ruling which settles the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene of the accident as well as testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also testify regarding your memory of the incident, and how it affected your life. Expert witnesses can also testify to back your claims. The lawyer for the defendant can cross-examine witnesses and challenge to the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's harm was caused by the defendant's negligent conduct. They will be examining proximate causes which is a tangled legal concept that lawyers spend countless hours studying during law school. Proximate causes examines the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also decide how much compensation you are entitled to. This is a more complicated matter depending on how severe your injuries are and the severity of your losses. Your attorney will provide evidence which includes expert testimony regarding the severity of injuries that resulted in loss of income and earning potential, in addition to your pain and suffering and impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer can't negotiate a settlement with the insurance company, you may be required to make a court filing. It can be costly and time-consuming, but this is usually required to obtain compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where both sides exchange information with each other). Your lawyer will also file legal documents, referred to as motions to ask the court for specific things such as the exclusion of certain types of evidence during trial. Settlement negotiations can be ongoing throughout the entire process, and many civil disputes in car accidents settle before a trial can be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your claim for injury is solid and that you will be willing to take the case to trial. The settlement process is also faster and less risky than the court trial.

Before settling an agreement, it is crucial to fully comprehend the severity of your injuries. You must also have completed all medical treatment. You could be denied additional compensation if you sign the settlement until your physician has determined that you have attained the maximum level of improvement in your medical condition. You should also not sign a release until you've spoken with your lawyer and gained full understanding of your damages. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully review your medical records as well as other documents to ensure that you receive the total amount of damages to that you are eligible.