The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter if the insurance company is unable to pay the amount you need for your injuries. The letter will outline all of your economic damages such as medical expenses and lost wages, as and non-economic losses like pain and discomfort.

A jury or judge will then take a call. If they decide in your favor you will be awarded damages. In addition, the defendant is required to pay them.

1. Gathering Evidence

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

Your attorney might be able to determine what transpired in the incident by taking photographs of the scene, which include skid marks and road debris as well as other physical evidence. Take down the names and contact details of any witnesses who witnessed what happened. It is crucial to have witnesses confirm the events occurred, as it can often be the case that drivers provide contradictory stories that lead to insurance companies denying or refusing the liability.

Medical records can also be utilized by your lawyer in order to prove the extent of your injury. These documents may include bills, receipts, lab results, diagnosis reports, discharge instructions, and other documents. You should obtain these documents as soon as is possible and ensure that you provide copies to your healthcare providers.

Another form of evidence your attorney might make use of is a deposition which is out-of-court testimony given under oath that is then transcribing by a court reporter. Your lawyer can make use of the testimony to prove that your injuries had an immediate and predicable connection to the accident, which helps justify requesting compensation for your injuries. While most of the above-mentioned types of evidence can be taken at the scene of the accident or soon afterward, some of it might not be available until later in the litigation process. This is why it's important to contact a reputable lawyer for car accidents as soon as possible, so that they can begin investigating as evidence is in its purest form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal guidance from an expert. An attorney for car accidents can provide the necessary expertise to ensure you receive the maximum compensation for your claim.

The first step is filing a complaint with the court. The complaint will detail your specific claims and the amount of money you'd like to recover in damages. The complaint is typically written by your attorney, and then filed with the court, and then served to the defendant.

This also initiates the discovery phase which allows both parties to exchange information and documents related to their claims and defenses. The process can be long and requires both sides to go through a myriad of documents including police reports as well as witness statements medical records, accidents bills and much more. Each side can request interrogatories, which are a series of questions that each party must answer under oath, within a specific timeframe.

During this stage, you lawyer will also work closely with doctors to gather the full picture of your injuries as well as the impact that they've affected your life. Your lawyer will estimate the total damages. This will include past and upcoming medical expenses as well as lost wages, suffering and pain, and much more.

Sometimes, your lawyer could be able to negotiate an agreement with the at fault driver's insurance company. This is more likely to occur following discovery, but before trial. If the insurance company doesn't agree to an acceptable settlement, or if the damages are significant and are not covered by insurance, then you could have to go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial step in any car accident case. It is the point at which your attorney and negligent insurance company of the driver exchange information that could help or damage your claim. Your attorney will ask for copies of documents that support your case, such as medical bills, police reports or work-related loss records (e.g. the records from your employer that outlines how much time you missed work due to the accident), photographs of your vehicle and any injuries or damage or other pertinent financial information. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These documents are used to exchange information between attorneys on both sides. The written discovery tools give the opposing side a chance to answer questions in writing, which must be answered under oath. It also allows you to provide copies or other information that could be useful to you.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the collision and also any person who has information about your injuries or damages that could be pertinent to your case. In 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 transcribing by a court reporter.

The goal of these pre-trial investigation procedures is to enable your lawyer to present an argument that is convincing and persuasive to the responsible party and their insurer so that you are able to secure an adequate and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case however most do so during or after the investigation process, which usually done prior to trial.

4. Trial

While the vast majority of car accidents settle through out-of-court negotiations however, if you and your insurance company aren't in agreement on the cause or the amount you should receive for your injuries, your case may go to trial. A trial is a formal process in which both parties present their arguments and evidence to a factfinder who will make an decision on how to resolve 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 supporting evidence like photos or videos of the scene as well as testimony from witnesses and medical professionals, as well as documents such police reports and bills. You may also testify on your memories of the incident and how it affected your life. Expert witnesses will also provide evidence to back up your assertions. The lawyer of the defendant may cross-examine witnesses and object to the admissibility or validity of certain evidence.

The jury will decide in the trial if the plaintiff's injury was caused by the defendant's reckless behavior. They will examine proximate cause, a complicated legal concept that lawyers spend many hours studying in 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're entitled to. It's also a complex issue due to the severity of your injuries as well as the degree to which you've suffered. Your attorney will provide evidence, including expert testimony, regarding the severity of your injuries that resulted in loss of income and earning potential, as well as your pain and suffering and impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations in which you must settle your claim or make a claim. If your lawyer is unable to negotiate a settlement with the insurance company, you may be required to bring a lawsuit to court. This could be a lengthy process and costly, but it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where both sides exchange information with the other). Your lawyer will also file legal documents known as motions asking the court to consider not allowing certain types of evidence at trial. Settlement negotiations can go on throughout the process, and most civil disputes arising from car accidents end before a trial has to be held.

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

It is crucial to understand your injuries prior to committing to the settlement. It is also important to have completed all medical treatment. If you accept a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI), you could miss out on additional compensation. Additionally, you should not sign an agreement until you have talked to your lawyer and received a complete understanding of your losses. Your lawyer will ensure you don't be denied compensation that is valuable. They will carefully review your medical records and other documentation to make sure that you get the full amount of damages to which you are eligible.