The First Steps in Car Accident Litigation

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

Then a jury or judge will decide. If they rule in your favor they will award you damages and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit involving an accident attorneys in the car the proof of negligence is essential to receive compensation for your injuries. Collecting evidence is one the first steps in the process of litigation, and it involves collecting documents such as photographs, witness testimony, and official reports such as police reports.

Your attorney might be able to determine what transpired in the accident by taking photos of the scene, which include skid marks and road debris as well as other physical evidence. Note down the names and contact information of any witnesses who saw what happened. Witnesses who testify that confirm your account of the events is essential as it could be common for drivers to have conflicting accounts of what happened that can lead to insurance companies refusing to accept the claim or denying any responsibility at all.

Other evidence that your lawyer could utilize include medical records, which can include receipts, bills diagnose reports, lab results, discharge instructions, and other documents that show the severity of your injuries. You should obtain these records as quickly as you can, and also provide copies to your healthcare professionals.

Depositions are another form of evidence your lawyer could use. It's an out-of court testimony under oath. It is then transcribed by a Court Reporter. The lawyer can use this testimony to establish your injuries had an obvious, predicable connection to the accident. This will help justify seeking compensation. The majority of the evidence mentioned above can be gathered at the site of the accident or shortly afterwards however, some might not be available until later in the legal process. This is why it's crucial to talk to a reputable lawyer for car accidents as soon as you can so that they can begin an investigation while the crucial evidence is in its most pure form.

2. Making a Complaint

Once the dust has settled and you've treated your injuries, it's the time to seek professional legal advice. An attorney for car accidents will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is filing an application with the court. The complaint will detail your specific claims and the amount of money you wish to recover in damages. This document is usually drafted by an attorney, and filed in the court. It is also served to the defendant.

The discovery phase begins, allowing both parties to share information about their defenses and claims. The process can take a long time and requires both parties to go through a myriad of documents including police reports witnesses' statements, police reports medical records, bills and much more. Each side may request interrogatories. These are a series questions which the other side has to answer under oath in the timeframe specified.

During this stage, you lawyer will also collaborate with medical professionals to obtain a full picture of your injuries and the impact that they've had on your life. Your attorney will then calculate your total damages that will include future and past medical expenses and lost earnings, as well as pain and suffering and much more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver at the fault. This will most likely be the case following the completion of discovery and prior to trial. If the insurance company does not agree to an acceptable settlement, or if the damages are significant and not covered by insurance, then you could be required to appear in court. A judge or jury will make a decision in the case based on all of 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 of the negligent driver company exchange information that could support or damage your claim. Your attorney will ask for copies of the documents supporting your case, including police reports, medical bills, work loss records (e.g., from your employer indicating the amount of time you were absent from work due to the accident) photos of your vehicle, any injuries or damage, and other relevant financial information. Your lawyer will also make use of written discovery tools such as interrogatories and requests for production, as well as requests for admissions to question witnesses and other parties that aren't present in the case.

These discovery tools written in writing are circulated back and forth 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 supply copies of certain documents and other information that could be helpful to your case.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the accident lawyers and also any person who has information about your injuries or damages that could be important to your case. In a deposition, the lawyer representing the person at fault will ask you questions, and your answers will be recorded on video by a court reporter or transcribed.

The goal of these pre-trial investigation procedures is to allow your lawyer to create an argument that is persuasive and strong against the at-fault party as well as their insurer in order that you are able to secure a full and fair settlement for your losses, injuries and expenses. Although there is no guarantee that every case will settle, the majority do during or after the discovery process, which can be completed prior to the time your case reaches trial.

4. Trial

The majority of car accidents are settled through informal negotiations, if you and the insurance company disagree about fault or the amount you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal proceeding where both parties are required to present their arguments and evidence to an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any supporting evidence like photos or videos of the accident scene witness testimony, statements from witnesses and 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 back your assertions. The lawyer representing the defendant can cross-examine witnesses and object to the admissibility of certain evidence.

In a trial, the jury will determine if the plaintiff's injuries were caused by the negligence of the defendant. They will be looking at the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate causes considers the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine how much damages you are entitled to. This is a complicated issue because it is contingent on the severity of your injuries and the extent of your losses. Your attorney will present evidence, including expert testimony, about the severity of injuries as well as lost income and future earnings potential, as also your pain and suffering as well as impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations in which you must settle your claim or start a lawsuit. If your lawyer is unable to negotiate a settlement with the insurer, you might have to start a lawsuit in the courtroom. This can be time consuming and costly, but it is often required to seek compensation.

During this process during this process, your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and be present at hearings. Your lawyer will also file legal documents called motions to ask the court for specific things such as excluding certain types of evidence in trial. Settlement negotiations may continue throughout this process, and most civil disputes arising from car accidents end before a trial is required to be held.

If they believe that your claim is legitimate and you are willing to go to trial Insurance companies will offer an honest settlement offer. Additionally the settlement process is quicker and less risky for them than a trial.

Before you agree to an agreement, it is crucial to fully comprehend the extent of your injuries and have completed all medical treatment. You could be denied additional compensation if you agree to the settlement until your physician has concluded that you have reached the level of medical improvement that is the highest. You should also not sign a release until you have spoken to your lawyer about your injuries. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will go through your medical records, as well as other documents to ensure that you are entitled to all of the damages for which you qualify.