The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if an insurance company refuses to pay you the amount you need for your injuries. The letter will list all of your economic damages such as medical expenses and lost wages as in addition to non-economic damages such as discomfort and pain.

Then, a judge or jury will make a decision. If they make a decision in your favor you are awarded 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. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports, like police reports, and other official reports.

Your attorney might be able to determine what happened in the accident by taking pictures of the scene, including skid marks or road debris, as well as other physical evidence. Note down the names and phone numbers of any witnesses who were present to witness what happened. Witnesses that testify to support your version of what transpired is vital, especially since it can be common for drivers to have contradictory accounts of what happened that causes insurance companies to refuse to accept the claim or deny responsibility completely.

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

Another form of evidence that your attorney could use is a deposition, which is an out-of court testimony delivered under oath and recorded by a court reporter. Your lawyer may use the testimony to establish that your injuries have an immediate and obvious connection to the accident and, therefore, can justify the need for the compensation you deserve for your damages. The majority of the evidence listed above can be obtained at the scene of the crash or shortly after however some evidence may not be available until later in the litigation. It is crucial to contact a car accident lawyer with the right credentials as soon as you can so they can begin an inquiry while the evidence is still in its purest form.

2. Making a complaint

After the dust has cleared and you've taken care of your injuries, you need to seek legal guidance from an expert. An attorney who has handled car accidents 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. This document will outline 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 court. It will also be delivered to the defendant.

The discovery phase begins, allowing both parties to share information regarding their defenses and claims. The process can be very long and lawsuit requires both parties to examine a variety of documents, including police reports as well as witness statements medical records, bills and much more. Each side may require interrogatories. These are a series of questions that each party must answer under oath, within a specific time frame.

During this stage, you lawyer will also work closely with doctors to gather an accurate picture of your injuries and the impact they've affected your life. Your attorney will then calculate your total damages that will include past and future medical expenses, lost earnings, suffering and pain, and more.

Sometimes, your lawyer could be able to negotiate an agreement with the at fault driver's insurance company. It is likely to occur after the completion of discovery, but before trial. However, if the insurance company is unable to negotiate a fair settlement or if you've suffered substantial damages that aren't 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 the most crucial step in any car accident lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that could help or hurt your claim. Your attorney will seek copies of all documents to support your case. These documents include police reports as well as medical bills and work loss documents from your employer (showing how much time you've missed because of the accident), photos of your vehicle, any injuries or damages and other financial details. Your attorney may also employ written discovery tools such as interrogatories and requests for production to inquire about witnesses and other parties who are not present.

The written discovery tools are sent back and forth between attorneys of both sides. They provide the opposing party the chance to respond to questions in writing, which need to be sworn to under oath, and to supply copies of certain documents and other information which could be beneficial to your case.

Your Long Island car accident lawyer will also depose witnesses to the accident, as well as any person who has information about your injuries or damages that could be pertinent to your case. During a deposition, your lawyer representing the person at fault will ask you questions, and your answers will be recorded on video by a court reporter or transcribing.

The goal of these pretrial investigation processes is to help your lawyer to construct a strong and compelling case to the responsible party and their insurance company so that you can secure an adequate and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case but the majority of them do so after or during the investigation process, which is usually completed before the trial.

4. Trial

Although the majority of car accidents settle through out-of-court negotiations however, if you and your insurance company do not agree on who is at fault or the amount you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal process in which both parties present their arguments and evidence to a factfinder who makes a decision to resolve the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any supporting evidence including photos or videos of the accident scene or testimony from witnesses, medical professionals, and documents such as police reports and bills. You may also testify on your memory of the incident and how it affected your life. Expert witnesses will also provide testimony to support your claims. The lawyer of the defendant may cross-examine witnesses and object to admissibility of some evidence.

The jury will determine at trial if the plaintiff's injury was caused by the defendant's negligent behavior. They will look at proximate causes, a complex legal concept that law students have to spend hours studying. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you should receive. It's also a complicated issue because it is contingent on the extent of your injuries and the degree to which you've suffered. Your lawyer will present evidence which includes expert witness testimony regarding the severity of your injuries, the loss of income, as well as future earnings potential, as well as your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations, in which you must settle your claim or file a lawsuit. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you might need to file a car accident lawsuit in the court. It can be costly and time-consuming, however it is usually required to obtain compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where both sides exchange information with the other). Your attorney will also make legal filings, also known as motions, which ask the court to do things like excluding certain types of evidence from trial. Settlement negotiations can continue during this process. Many car accident attorney civil disputes are settled before trial is required.

If they believe your injury claim is solid and you are willing to go to trial Insurance companies will offer a fair settlement offer. Additionally the settlement process is more efficient and less risky for them than a trial.

It is crucial to fully comprehend your injuries prior to a settlement. You should also have completed all medical treatment. You could be denied additional compensation if settling a settlement until your doctor has determined that you have attained the maximum medical improvement. You should also not sign an agreement until you have had a conversation with your lawyer and gained an understanding of all losses. Your attorney will ensure that you do not get a poor deal on compensation. They will carefully review your medical records and other documents to make sure that you get the full amount of damages to which you are entitled.