The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount of money you require for your injuries, our determined lawyers will draft an official demand letter. This letter will provide a detailed description of your financial losses such as medical expenses, lost wages, as well as non-economic damages such as discomfort and pain.

Then, a judge or jury will make a decision. If they rule to your advantage, you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident the proof of negligence and liability is essential to receive compensation for your injuries and losses. Gathering evidence is among the first steps in the process of litigation, and it requires gathering documents witnesses' testimony, photographs as well as official reports, such as police reports.

Your attorney might be able to establish what transpired in the accident by taking photographs of the scene, including skid marks road debris, skid marks and other physical evidence. Also, take note of the names and contact numbers of any witnesses who were present at the incident. It is important to have witnesses corroborate the events that took place, as it can often be the case that drivers provide contradictory information that can lead to insurance companies denying or refusing the liability.

Medical records can also be used by your lawyer to prove the severity of your injuries. They could include receipts, bills, lab results, diagnosis reports, discharge directions and other records. It is important to obtain these records as quickly as possible and provide copies to your medical professionals.

A deposition is another form of evidence that your attorney may use. It's an out-of court statement made under oath, and then transcribed by a Court Reporter. The lawyer can use the testimony to establish that your injuries have had an immediate and clear connection to the crash and can be used to justify compensation for your damages. The majority of the evidence listed above can be gathered at the site of the accident or within a short time but some of it may not be available until much later in the legal process. It is essential to contact an attorney in the case of a car crash with the appropriate credentials as soon as you can so that they can begin an inquiry as evidence is in its purest form.

2. Making a Complaint

Once the dust has settled and you have tended to your injuries, it's the time to seek out legal counsel from an expert. A lawyer for car accidents can provide the expertise needed to ensure that you receive maximum compensation for your claim.

The first step is to file an application with the court. It will describe your specific claims and accident law Firm the amount you want to recover in damages. This document is typically drafted by your lawyer and filed with the court and served on 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 sides to go through a myriad of documents including police reports and witness statements and medical records, as well as bills and more. Each side may request interrogatories. These are a set of questions that the other side must answer under oath within the timeframe specified.

Throughout this process, your lawyer will also 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 estimate your total damages. This will include past and upcoming medical expenses, lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer could be able to negotiate an agreement with the responsible driver's insurance company. This is likely to take place after the completion of discovery and prior to trial. If the insurance company does not agree to an acceptable settlement, or if your damages are significant and not covered by insurance, then you might have to go to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident attorneys lawsuit in which your attorney and the insurance company exchange information that may support or damage your claim. Your attorney will ask for copies of the documents that support your case, such as medical bills, police reports, work loss records (e.g. documents from your employer indicating how much time you missed work because of the accident) photos of your vehicle, any injuries or damages, and other relevant financial information. Your attorney will also use written discovery tools such as interrogatories request for production, interrogatories and request for admissions to question witnesses and other parties that aren't present in the case.

These tools for discovery in writing are distributed back and forth between attorneys for both sides. The tools for writing discovery give the opposing party a chance to respond to questions in writing which must be answered under oath. They also ask you to provide copies of other information which could be helpful to you.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the Accident Law Firm and anyone with information regarding your injuries or damage that could be crucial to your case. In a deposition, the lawyer representing the party at fault will ask you various questions, and your responses will be recorded on video or translated by a court reporter.

These pretrial investigation processes are designed to assist your lawyer develop a convincing argument against the person at fault and their insurance company in order to negotiate an equitable settlement for all of your injuries and losses, costs and expenses. While there is no guarantee that all cases will settle however, the majority of cases settle in the course of or following the discovery process, which can often be completed before your case goes to trial.

4. Trial

Although the majority of car accidents are settled through informal negotiations, if you and the insurance company aren't in agreement on the cause or the amount of compensation you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal proceeding in which both parties present their arguments and evidence to an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases, the factfinder is usually 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, testimony from witnesses and medical professionals, as well as documents such police reports and bills. You can also testify about your memory of the incident and how it affected your life. Expert witnesses are also able to testify in support of your claims. The defendant's attorney can cross-examine witnesses and object to the admissibility of specific evidence.

The jury will decide at trial if the plaintiff's injury was caused by the defendant's negligence. They will examine proximate cause an intricate legal concept that lawyers will spend many hours studying in law school. Proximate causes considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury must also determine how much damages you are entitled to. It's a difficult issue because it is contingent on the degree of your injuries and the extent to which you've suffered. Your attorney will present your evidence that includes expert witness testimony about the severity of your injuries, your loss of income and future earnings potential and your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations, where you have to settle your claim or bring a lawsuit. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you may be required to file a vehicle accident lawsuit in court. It can be lengthy and expensive, yet it is often required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where each side exchanges information with one another). Your lawyer will also file legal documents known as motions that ask the court for things like not allowing certain types of evidence during trial. Settlement negotiations can be ongoing during this process. Many 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 legitimate and you'll be willing to take the case to trial. Settlement is faster and less risky than an in-court trial.

Before settling an agreement, it is essential to be aware of the extent of your injuries and have completed all medical treatment. You could lose out on additional compensation if you agree to the settlement until your physician has concluded that you have reached the maximum medical improvement. Don't sign an agreement until you have met with your lawyer and received an accurate understanding of your damages. Your lawyer will ensure you do not lose out on the valuable compensation. They will carefully review your medical records and other documentation to make sure that you receive the full amount of damages to which you are entitled.