The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter in the event that the insurance company refuses to pay you the amount you need to cover your injuries. This will outline all your financial losses such as medical bills and lost wages, as well as non-economic damages, like suffering and pain.

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

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence is essential to receive compensation for your injuries. Gathering evidence is among the initial steps in the litigation process. it involves gathering evidence, documents including photographs, witness statements and official reports like police reports.

Your attorney might be able to determine what happened in the accident by taking photos of the scene, including skid marks, road debris and other physical evidence. Take down the names and phone numbers of any witnesses who witnessed the events. Witnesses that testify to support your version of what happened is crucial especially as it can be common for drivers to have conflicting stories of what happened. This can lead to insurance companies refusing to accept the claim, or even deny any responsibility at all.

Other forms of evidence your lawyer may use include medical records. These could include receipts, bills, diagnosis reports, lab results, discharge instructions, and other evidence that proves the extent of your injuries. You should obtain these documents as soon as you can, and make sure to provide copies to your healthcare professionals.

Another form of evidence that your attorney could utilize is a deposition, which is an out-of-court testimonies given under oath and transcribed by a court reporter. Your lawyer can make use of this testimony to prove your injuries have a direct, foreseeable link to the accident. This will help justify the need for compensation. The majority of the evidence mentioned above can be gathered at the site of the accident or shortly afterwards however some evidence may not be available until later in the legal process. This is why it's important to talk to a reputable lawyer for car accidents as soon as possible, so that they can begin investigating as evidence is in its purest form.

2. Making a Complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal advice from a professional. An attorney for car accidents will provide the knowledge and expertise to help you get the most compensation for your claim.

The first step is to file an application with the court. It will describe your specific claims as well as the amount you wish to recover in damages. This form is usually prepared by an attorney and filed in the court. It is also given to the defendant.

The discovery phase starts and allows both parties to share information regarding their claims and defenses. The process can take a considerable time and both teams may be required to examine a large number of documents, including police records and witness statements. They might also need to look at medical records or bills, as well as other documents. Each side may request interrogatories. These are a series questions which the other side must answer under oath in the timeframe specified.

In this phase, your lawyer will also collaborate with doctors to gather the full picture of your injuries and the impact they've caused on your life. Your lawyer will determine the total damages. This includes future and past medical expenses as well as lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer may be able to reach an agreement with the responsible driver's insurance company. This is likely to be the case following the completion of discovery and prior to trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've incurred significant damages that are not covered by the insurance policy, your case could be referred to trial. A judge or jury will decide on the case based on the evidence presented.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident in which your attorney and the insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents supporting your case, including police reports, medical bills as well as work loss records (e.g. documents from your employer indicating how much time you missed work because of the accident) photos of your car and any damage or injuries or other pertinent financial information. Your attorney will also use written discovery tools, such as interrogatories, requests for production and request for admissions to question witnesses and other parties who are not in the case.

These discovery tools written in writing are distributed back and forth between the attorneys from both sides. The tools for writing discovery give the opposing party a chance to respond to questions in writing that must be answered under oath and to provide copies or other information that may be useful to you.

Your Long Island car accident lawyer will also take depositions of witnesses to the collision as well as any person who has information about your injuries or damages that could be relevant to your case. During a deposition the lawyer representing the person at fault will ask you questions and your answers could be recorded on video by a court reporter or transcribing.

The purpose of these pretrial investigation processes is to enable your lawyer to build a strong and compelling case to the party at fault and their insurer so that you can secure an equitable and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case however, the majority of them occur during or after the investigation process, which is typically concluded prior to the trial.

4. Trial

While the vast majority of car accidents settle through out-of-court negotiations, if you and the insurance company aren't in agreement on the cause or the amount of compensation you should receive for your injuries, your case may be heard in a trial. A trial is an official process where both parties are required to argue their case and provide evidence before an impartial factfinder who takes an decision on how to resolve the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any evidence supporting it including photos or videos of the scene or testimony from witnesses, medical professionals, or documents like police reports and bills. You can also testify regarding your personal memories of the incident and how it affected your life. Expert witnesses can also testify to support your claims. The defendant's attorney can interrogate witnesses and contest the admissibility of certain evidence.

At trial, jurors must determine if the plaintiff's injuries were the result of the defendant's negligence. They will look at proximate cause, a complicated legal concept that lawyers spend many hours studying during law school. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you will be awarded. This is another complicated issue because it is contingent on the severity of your injuries and the extent of your losses. Your lawyer will present your evidence which includes expert witness testimony about the severity of your injuries, your loss of income, as well as future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a time limit within which you can settle your claim or bring an action. This is referred to as the statutes of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, then you might be required to file a vehicle accident lawsuit in the court. It can be time-consuming and expensive, but it is often required to seek 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 attorney will also prepare legal documents, also known as motions, which ask the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing throughout the process, and most civil disputes arising from car accidents end before a trial needs to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is strong and you'll be willing to go to trial. Settlement is faster and less risky than the court trial.

It is essential to understand the extent of your injuries prior to agreeing to a settlement. You must also have completed all medical treatment. You could lose out on additional compensation if you sign an offer of settlement until your doctor has determined that you have attained the level of medical improvement that is the highest. You should also not sign a release until you've spoken with your lawyer regarding your damages. Your lawyer will ensure that you do not be denied compensation that is valuable. They will go through your medical records and other documents to ensure that you are entitled to all of the compensation you're entitled to.