The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter if the insurance company refuses to provide you with the amount you're entitled to for your injuries. This letter will provide a detailed description of your economic damages such as medical expenses and lost wages, as also non-economic damages like discomfort and pain.

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

1. Gathering Evidence

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

Photographs of the scene of the accident can aid your lawyer in determining what actually transpired during the collision, including the location of both cars after collision, skid marks, road debris and other evidence that is physical. Also, note the names and contact information of any eyewitnesses who witnessed the incident. Having witnesses testify that corroborate your account of the events is essential as it could be common for drivers to have contradictory stories of what happened. This can lead to insurance companies refusing to accept the claim or Accident Lawsuit denying the responsibility completely.

Other evidence that your lawyer could utilize include medical records, which may include receipts, bills diagnostic reports, lab results, discharge instructions, and other evidence that proves the severity of your injuries. It is important to obtain these documents as soon as is possible, and make sure to send copies to your healthcare providers.

Another type of evidence that your attorney might use is a deposition, which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. The lawyer can use this testimony to establish your injuries had a clear, identifiable connection to the accident. This will help justify requesting compensation. Most of the evidence mentioned above can be gathered at the site of the crash or shortly after however some evidence may not be available until later in the legal process. This is the reason it's essential to consult a highly-credentialed car accident lawyers lawyer as soon as possible so that they can begin the investigation while vital evidence is still in its most pure form.

2. The process of filing a complaint

When the dust has cleared and you have tended to your injuries, it's the time to seek legal advice from a professional. A lawyer from a car accident can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint with court, which lists the specific claims that you are making and the amount of money you're seeking in damages. The document is usually drafted by your attorney, and then filed with the court and served to the defendant.

This also begins the discovery phase which allows both parties to exchange information and documents related to their claims and defenses. The process can take a long time and requires both teams to go through a myriad of documents including police reports as well as witness statements, medical records, bills and more. Both sides can request interrogatories. These are a series questions which the other side has to answer under oath within the specified 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 then calculate your total damages including the future and past medical expenses loss of earnings, suffering and pain, and more.

Sometimes, your lawyer may be able to reach an agreement with the responsible driver's insurance company. This is most likely to take place after the completion of discovery, but before trial. However, if the insurance company refuses to settle the claim in a fair manner or if you have incurred significant damage that is not covered by the insurance policy, your case could be referred to trial. A jury or judge will decide the case based on the weight 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 assist or derail your claim. Your attorney will request documents that can support your case, such as medical bills, police reports and 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) photos of your vehicle, any damages or injuries and other financial information. Your lawyer will also make use of written discovery tools like interrogatories and requests for production, as well as requests for admissions to question witnesses and parties who aren't present in the case.

These discovery tools written in writing are exchanged back and forth between the attorneys for both sides. They provide the opposing party the chance to respond to questions in writing, which have to be answered under oath and to supply copies of certain documents or other information that may be relevant to your case.

Your Long Island car accident lawyer will also depose witnesses to the collision and also any person who has information about your injuries or damages that could be relevant to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your answers are recorded on video by a court reporter or transcribed.

The pretrial investigation process is designed to assist your lawyer develop a convincing case against the at-fault person and their insurance company in order to negotiate a fair settlement for all your losses, injuries or losses, as well as expenses. While there is no guarantee that every case will settle but the majority settle at the end of or following the discovery process, which can often be completed before the trial.

4. Trial

The majority of car accident cases settle through negotiations outside of court 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 could go to trial. A trial is a formal proceeding in which both sides present arguments and evidence before an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the scene of the accident as well as testimony from witnesses and medical professionals, and accident Lawsuit documents such as police reports and bills. You can also provide testimony regarding your memories of the incident and how it has changed your life. Expert witnesses are also able to testify in support of your claims. The lawyer for the defendant can interrogate witnesses and object to the admissibility of evidence.

At trial, the jury will decide whether the plaintiff's injuries were the result of the negligence of the defendant. They will consider proximate cause an intricate legal concept that lawyers spend many hours studying during law school. Proximate cause examines the relationship between the actions of the defendant and the plaintiff's injuries.

A jury must also decide the amount of damages you are entitled to. It is also a complicated issue because it depends on the extent of your injuries and the extent to which you've suffered. Your lawyer will present evidence, including expert testimony from a witness regarding the severity of your injuries, your lost income, and your future earnings potential in addition to your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Every state has a time limit within which you can settle your claim or bring a lawsuit. This is known as the statute of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you may require filing a car accident lawsuit - redirected here, in the court. It is costly and time-consuming, however it is often necessary to get compensation.

During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a procedure that is formal in which both sides exchange information with one another). Your lawyer will also file legal documents, referred to as motions to request the court for specific things such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can continue throughout this process. A lot of civil disputes are resolved before a trial is needed.

If they believe your injury claim is valid and you are willing to go to trial insurance companies will make a fair settlement offer. The settlement process is also more efficient and less risky than a court trial.

It is essential to fully understand your injuries before you agree to the settlement. You must also have completed all medical treatments. If you accept a settlement before your doctor has determined you have reached maximum medical improvement (MMI), you could miss out on additional compensation. You should also not sign a contract before you have spoken to your lawyer about your damages. Your lawyer will ensure that you don't get a poor deal on compensation. They will scrutinize your medical records, and other documentation to ensure that you are entitled to all the compensation you're entitled to.