The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if the insurance company refuses to pay you the amount you're entitled to for your injuries. The letter will list all of your financial losses such as medical costs and lost wages as in addition to non-economic damages like pain and discomfort.

A judge or jury will then come to a decision. If they decide in your favor they will make you a victim and the defendant will be required to pay them.

1. Gathering Evidence

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

Your attorney may be able to determine the circumstances of the accident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Also, keep track of the names and phone numbers of any witnesses who were present at what transpired. Having witnesses testify that corroborate your account of what happened is crucial particularly since it can be common for drivers to give contradicting accounts of what happened that leads to insurance companies refusing to accept the claim or even denying responsibility altogether.

Other forms of evidence your lawyer could utilize include medical records, which can include receipts, bills, diagnosis reports, lab results, discharge instructions, and other evidence that proves the extent of your injuries. You should get these documents as soon as is possible and ensure that you give copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney could utilize. It is a non-in court testimony under oath. It is then translated by a court reporter. Your lawyer can use the testimony to prove that your injuries have an immediate and clear connection to the crash and, therefore, can justify the need for compensation for your injuries. While most of the above-mentioned types of evidence are obtained at the scene or soon afterward, some of them may not be accessible until later in the litigation process. It is crucial to contact an attorney in the case of a car crash with the right credentials as soon as you can to begin an investigation while the evidence is still in its purest form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, you should seek legal advice from an expert. A car accident attorney will be able to provide the expert advice you require to help you get the most compensation for your claim.

The first step is filing a complaint with the court. This document will outline your specific claims and the amount you'd like to recover in damages. This document is usually drafted by an attorney and then filed in court. It will also be served on the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence pertaining to their claims and defenses. The process can take a long time and both teams will have to look over a variety of documents like police reports and witness statements. They might also have to examine medical documents or bills, as well as other documents. Both sides can request interrogatories. These are a set of questions that the other side must answer under oath in an agreed upon timeframe.

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

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver at the fault. It is likely to take place after the completion of discovery and before trial. If the insurance company is unable to negotiate a fair settlement or if you've suffered significant damages that are not covered by the insurance policy, your case could be referred to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is an essential step in any car accident law firms case. It is the point at which your attorney and negligent insurer for the driver share information that could either support or derail your claim. Your attorney will ask for copies of documents that support your case, such as medical bills, police reports, work loss records (e.g. the records from your employer which reveals how long you missed work because of the accident) photos of your vehicle, any injuries or damages or other pertinent financial information. Your attorney may also employ written discovery tools like interrogatories or requests for production as well as request for admissions to question witnesses and parties who are not part of the case.

These discovery tools written in writing are exchanged back and forth between attorneys for both sides. The written discovery tools provide the opposing side an opportunity to answer questions in writing that must be answered under oath. It also allows you to provide copies of other information that could be helpful to you.

Your Long Island car accident law firm attorney will also interview witnesses and anyone with information about the damages or injuries you sustained that could be essential to your case. During a deposition at-fault party's lawyer will ask you an array of 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 build an effective and convincing argument to the party at fault and their insurer, so that you can receive a fair and complete settlement for your injuries, losses and expenses. Although there is no guarantee that all cases will settle however, the majority of cases settle at the end of or following the discovery process, which can often be completed before your trial.

4. Trial

Trials are possible when you and the insurance company disagree regarding the fault of the other party or the amount you should receive for your injuries. A trial is an official process in which both parties present arguments and evidence before a factfinder who will make a decision on how 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 evidence supporting it like photos or videos of the scene of the accident, testimony from witnesses and medical professionals, or documents like police reports and bills. You can also testify about your memory of the incident and how it impacted your life. Expert witnesses are also able to testify in support of your assertions. The lawyer for the defendant can cross-examine the witnesses and object to the admissibility of evidence.

The jury will decide at trial whether the plaintiff's harm was the result of the defendant's negligent behavior. They will consider proximate cause an intricate legal concept that lawyers have to spend many hours studying in law school. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. This is a complicated issue due to how severe your injuries are and the severity of your losses. Your attorney will present evidence which includes expert testimony regarding the severity of your injuries as well as lost income and future earnings potential, accident attorney as also the extent of your suffering and impairment.

5. Settlement

Each state has a specific legal deadline, also known as the statute of limitations by which you must settle your claim or bring a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you could be required to file a vehicle accident lawsuit in court. It can be expensive and time-consuming. However, it is often necessary to get compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which each side exchanges information with one another). Your lawyer will also file legal documents, referred to as motions to ask the court for specific things such as excluding certain types of evidence at trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are settled before trial is required.

If they believe that your claim is solid and you are willing to go to trial the insurance company will offer an acceptable settlement offer. In addition, the settlement process is quicker and less risky than a trial.

Before agreeing to the settlement, it's crucial to fully comprehend the extent of your injuries and completed all medical treatment. If you agree to a settlement prior to your doctor determining that you have reached your maximum medical improvement (MMI), you could not receive additional compensation. Also, you should not sign a release before you've spoken with your lawyer regarding your damages. Your lawyer will make sure that you do not get a poor deal on compensation. They will look over your medical records, and other documentation, to ensure that you are entitled to all damages that you are entitled to.