The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount of money you need to cover your injuries, our determined lawyers will draft an official demand letter. This will list all the economic losses you have suffered like medical bills and lost wages, and non-economic damages like suffering and pain.

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

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is key to obtaining compensation for your losses and injuries. Gathering evidence is among the first steps of the litigation process. it involves collecting documents, photographs, accident witness testimony, and official reports, such as police reports.

Photographs of the scene of the accident may assist your attorney in determining what actually transpired during the accident, including the position of both cars after collision, skid marks, road debris and other evidence that is physical. Also, accident keep track of the names and contact numbers of any witnesses who witnessed the incident. It is crucial that witnesses confirm the events were actually happening, as it may often happen that drivers will give contradictory stories that lead to insurance companies refusing or denial of the liability.

Medical records can also be used by your lawyer to prove the severity of your injuries. These documents may include bills, receipts, lab results, diagnosis reports, discharge directions and other forms of documentation. You should get these records as soon as you can, and also provide copies to your healthcare providers.

A deposition is a different type of evidence that your attorney can employ. It is a non-in court statement made under oath, and then translated by a court reporter. Your lawyer could make use of the testimony to prove that your injuries have an immediate and predicable connection to the accident lawyers and can be used to justify the compensation you deserve for your damages. While the majority of these kinds of evidence can be gathered at the accident scene or shortly thereafter, some of them may not be accessible until later in the litigation process. This is why it's crucial to speak with a well-credentialed car accident lawyer as soon as you can, so they can begin investigating when the evidence is in its most pure form.

2. Making a complaint

Once the dust has settled and you've treated your injuries, it's time to seek legal advice from a professional. A car accident attorney will provide the knowledge and expertise to help you obtain maximum compensation for your claim.

The first step is to file a complaint in the court, describing the specific claims you're making and the amount of money you're seeking in damages. The document is usually written by an attorney and filed in court. It is also served to the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and documents related to their claims and defenses. The process can take a long time and both teams will be required to examine a large number of documents like police reports and witness statements. They might also need to examine medical documents or bills, as well as other documents. Each side may demand interrogatories. They are a set of questions that each party must answer under oath within a set deadline.

In this phase, your lawyer will also collaborate with doctors to get an accurate picture of your injuries as well as the impact that they've affected your life. Your lawyer will determine the 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 a settlement with the at-fault driver's insurance company. This is more likely to happen after discovery and prior to trial. However, if the insurance company is unable to negotiate a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, your case could be referred to trial. A jury or judge will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit where your lawyer and the negligent driver's insurance 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 as well as 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 car and any damage or injuries as well as other financial information. Your attorney may also use written discovery tools such as interrogatories and requests for production to inquire into parties and witnesses who are not present.

These tools for writing discovery are exchanged between attorneys from both sides. They give the opposing side a chance to respond to questions in writing, which need to be answered under oath and to provide copies of specific documents or other information that could be helpful to your case.

Your Long Island car accident lawyer will also depose witnesses to the accident as well as anyone with information regarding your injuries or damage that could be crucial 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 an official court reporter or recorded.

The pretrial investigation process is designed to help your lawyer create a compelling case against the at-fault person and their insurance company in order to secure an equitable settlement for all your injuries and losses, costs and expenses. Although there is no assurance that all cases will settle, the majority do at the end of or following the discovery process, which may be completed prior to the time your case goes to trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations, if you and the insurance company disagree about fault or the amount you should receive for your injuries, your case could go to trial. A trial is an official process in which both sides present their arguments and evidence to a factfinder who will make an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will present your version of events in opening statements to the jury together with any evidence you have, such as images or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents like medical bills and police reports. You may also testify about your memory of the incident and how it affected your life. Expert witnesses can also testify to back your claims. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of certain evidence.

The jury will decide during trial whether the plaintiff's injury was the result of the defendant's negligent behavior. They will be looking at the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate cause examines how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. It's also a complex matter because it is based on the severity of your injuries and the extent to which you have suffered. Your lawyer will present your evidence, including expert witness testimony regarding the severity of your injuries, your lost income and future earnings potential and your suffering and pain disfigurement, impairment, and.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations in which you must settle your claim or make a claim. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may require filing a car accident lawsuit in court. It's costly and time-consuming. However, it is often required to seek compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and attend hearings. Your lawyer will also prepare legal documents, also known as motions, requesting the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can go on throughout this process, and a majority of car accident civil disputes end before a trial can be held.

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

It is vital to fully understand the extent of your injuries prior to agreeing to an agreement. You must have completed all medical treatment. If you sign a settlement before your doctor determines that you have reached the maximum medical improvement (MMI) and you are not able to miss out on additional compensation. Also, you should not sign a contract before you have spoken with your lawyer about your damages. Your lawyer will make sure 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 make sure that you receive the total amount of damages to which you are eligible.