The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you need to cover your injuries, our hard-working attorneys will prepare an official demand letter. This letter will detail all of your economic losses such as medical costs and lost wages as well as non-economic damages like pain and discomfort.

A judge or jury will then make a ruling. If they decide in your favor they will make you a victim and the defendant must pay them.

1. Gathering Evidence

In a car accident law firm lawsuit, proving the negligence and liability is essential to receive compensation for your injuries and Accident Lawsuit losses. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports, like police reports and other official reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually transpired in the accident, including the position of both cars after impact, skid marks, road debris and other evidence that is physical. Record the names and contact details of any witnesses who saw the incident. It is crucial to have witnesses who can confirm the events that took place, as it can often happen that drivers will give contradictory accounts that lead to insurance companies denying or refusing the liability.

Other evidence that your lawyer could use include medical records, which could include receipts, bills, diagnosis reports, lab results, discharge guidelines, and other evidence that demonstrates the severity of your injuries. It is important to obtain these records as soon as you can and give copies to your healthcare professionals.

A deposition is a different type of evidence your lawyer may utilize. It is an out-of the court testimony that is under oath. It is then transcribed by a Court Reporter. Your lawyer may use this evidence to prove your injuries were an obvious, predicable connection to the accident. This can be used to justify requesting compensation. While the majority of these types of evidence can be gathered at the accident scene or within a short time after, some of them may not be accessible until later in the litigation process. It is crucial to contact a car accident lawyer with the right credentials immediately to start an investigation while the evidence is still in its most pure form.

2. The process of filing a complaint

Once the dust has sunk and accident lawsuit you've taken care of your injuries, it's the time to seek expert legal advice. A car accident attorney will be able to provide the expert advice you require to ensure you receive the maximum compensation for your claim.

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

This also initiates the discovery phase that allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a long time and requires both parties to review many documents, including police reports as well as witness statements medical records, invoices and more. Each side may request interrogatories, which are a series of questions that each party must answer under oath within a specified time frame.

In this phase, your lawyer will also work closely with doctors to gather a full picture of your injuries and the impact they've affected your life. Your attorney will calculate your total damages that include future and past medical expenses and lost earnings, as well as pain and suffering and much more.

Sometimes, your lawyer could be able to reach an agreement with the at fault driver's insurance company. This is most likely to be the case following the completion of discovery and prior to trial. If the insurance company is unable to offer a fair settlement or if you've incurred significant damages that are not covered by the insurance policy, the case may move forward to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit, where your attorney and the insurance company exchange information that could assist or derail your claim. Your attorney will request copies of documents to support your claim. These include police reports medical bills, as well as work loss documents from your employer (showing the length of time you were absent due to the accident) photographs of your vehicle damaged or injured, and other financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

These tools for discovery are shared between attorneys on both sides. They give the opposing side the chance to respond to questions in writing, that must be answered under oath and to supply copies of specific documents or other information that could be helpful to your case.

Your Long Island car accident attorney will also question witnesses and anyone who has information about the damages or injuries you sustained that could be crucial to your case. During a deposition, the lawyer for the person who is at fault will ask you several questions, and your answers will be recorded on video or translated by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to construct an effective and convincing argument to the party at fault and their insurance company so that you can secure a fair and complete settlement for your losses, injuries and expenses. While there is no guarantee that all cases settle however, the majority of cases settle either during or after the discovery process, which can be completed before the trial.

4. Trial

Trials are a possibility in situations when you and the insurance company disagree regarding the fault of the other party or the amount you should be awarded for your injuries. A trial is a formal process where both sides present arguments and evidence to a factfinder, who renders a verdict that resolves the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence like photos or videos of the accident scene, testimony from witnesses and medical professionals, or documents like police reports and bills. You can also testify regarding your memories of the incident, and how it affected your life. Expert witnesses can also give evidence to support your assertions. The lawyer for the defendant may interrogate witnesses and contest the admissibility of specific evidence.

In a trial, the jury has to decide if the plaintiff's injuries were the result of the negligence of the defendant. They will consider the proximate cause, a complicated legal concept that law school students spend hours studying. Proximate cause considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you are entitled to. It's a difficult issue because it depends on the severity of your injuries and the extent to which you have suffered. Your lawyer will present evidence, including expert testimony, about the severity of your injuries that resulted in loss of income and earnings potential, as also your pain and suffering as well as impairment.

5. Settlement

Each state establishes a legal deadline, known as the statute of limitations where you have to settle your claim or start a lawsuit. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may be required to file a vehicle accident lawsuit in the court. It is costly and time-consuming, but this is often necessary to get compensation.

During this procedure you and your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and will attend hearings. Your lawyer will also file legal documents referred to as motions to ask the court for specific things such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue throughout this process. A lot of car accident civil disputes are resolved prior to a trial.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is solid and that you are willing to go to trial. Additionally the settlement process is quicker and less risky for them than a trial.

Before settling on the settlement, it's essential to be aware of the severity of your injuries and completed all medical treatment. If you agree to a settlement prior to your doctor determining that you have reached the maximum medical improvement (MMI), you could be denied additional compensation. Don't sign a release before you have spoken to your lawyer about the damages. Your lawyer will ensure that you don't lose out on the valuable compensation. They will carefully review your medical records and other evidence to make sure that you get the full amount of damages to which you are eligible.