The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount of money you need for your injuries, our determined lawyers will draft an official demand letter. This will list all your financial losses such as medical bills and lost wages, and non-economic damages, such as pain and suffering.

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

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is crucial to get compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photos, accident lawsuit documents witness testimony, official reports like police reports, and other official reports.

Your lawyer may be able to establish what happened during the accident by taking pictures of the scene, which include skid marks road debris, skid marks and other physical evidence. Also, keep track of the names and contact numbers of any witnesses who were present at what transpired. It is important to have witnesses to verify the events that took place, since it can often happen that drivers will give contradictory accounts that lead to insurance companies refusing to accept or deny the responsibility.

Medical records can also be used by your lawyer to prove the severity of your injury. They could include receipts, bills as well as lab results, diagnosis reports, discharge instructions and other documentation. It is important to obtain these documents as soon as is possible, and make sure to provide copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney might employ. It's an out-of the court testimony that is under oath. It is then transcribing by a Court Reporter. Your lawyer could use the testimony to establish that your injuries have an immediate and obvious connection to the crash, which helps justify requesting compensation for your losses. While the majority of these types of evidence are obtained at the scene or within a short time after, some of them may not be available until later in the litigation process. It's important to contact an attorney for car accidents with the right credentials as soon as you can to start an investigation while the evidence is in its most natural form.

2. Making a Complaint

When the dust has cleared and you've taken care of your injuries, it's time to seek expert legal advice. An attorney for car accidents will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint with court, which outlines the specific claims that you have filed and the amount of money you are seeking in damages. The complaint is typically written by your lawyer and filed with the court and then served on the defendant.

This also triggers the discovery phase, which allows both sides to exchange information and evidence that is related to their defenses and claims. The process can be lengthy and requires both parties to examine a variety of documents, including police reports, witness statements and medical records, as well as bills and more. Each side is able to request interrogatories. These are a series questions that the other side must answer under oath in a specified time frame.

During this stage, you lawyer will also work closely with your doctor to get a full picture of your injuries and the impact that they've caused on your life. Your lawyer will then calculate your total damages that will include the past and future medical costs loss of earnings, suffering and pain and much more.

Your lawyer could be able to reach a settlement deal with the insurance company of the driver at fault. This is more likely to happen following discovery, but before trial. If the insurance company doesn't agree to a fair settlement or if the damages are substantial and not covered by insurance, then you may have to go to trial. A judge or jury will make a final decision in the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit in which your attorney and the insurance company of the negligent driver company exchange information that could assist or derail your claim. Your attorney will request copies of the documents to prove your case. These include police reports, medical bills and work loss documents from your employer (showing how much time you missed due to the accident) photographs of your vehicle and any damages or injuries as well as other financial data. Your attorney will also make use of written discovery tools like interrogatories request for production, interrogatories and requests for admissions to interview witnesses and other parties who are not present in the case.

These written discovery tools are shared between attorneys on both sides. They give the opposing party a chance to respond to questions in writing, which must be answered under oath, and to provide copies of specific documents or other information that could be helpful to your case.

Your Long Island car accident lawyer will also be able to depose witnesses to the accident, as well as anyone with information regarding your injuries or damage that could be crucial to your case. During a deposition, the lawyer for the person who is at fault will ask you an array of questions and your answers will be recorded on video or translated by a court reporter.

These pre-trial investigation procedures are designed to assist your lawyer develop a convincing case against the person who is at fault and their insurer in order to get a fair settlement for all your losses, injuries or losses, as well as expenses. There is no guarantee of a settlement in every case however the majority of cases do so during or after the investigation process, which is typically concluded prior to the trial.

4. Trial

Trials can be arranged in situations when you and the insurance company do not agree about who is at fault or the amount of compensation you should be awarded for your injuries. A trial is a formal hearing where both sides present arguments and evidence to a factfinder who makes a ruling which settles the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the accident lawsuits scene or accident Lawsuit testimony from witnesses, medical professionals, as well as documents such police reports and bills. You can also testify about your memories of the incident and how it affected your life. Expert witnesses can also testify to support your assertions. The lawyer for the defendant can cross-examine witnesses and object to the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's injuries was the result of the defendant's reckless behavior. They will consider proximate cause which is a complex legal concept that lawyers will spend many hours studying during law school. Proximate cause considers the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine how much damages you should receive. This is a complicated issue, as it depends on how severe your injuries are and the extent of your losses. Your lawyer will present evidence, including expert witness testimony regarding the severity of your injuries, your lost income, and your future earnings potential in addition to your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state has a specific deadline to resolve your claim or file an action. This is known as the statute of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you could be required to file a vehicle accident lawsuit in the court. It can be expensive and time-consuming, however it is often necessary to get compensation.

During this process during this process, your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents known as motions to request the court for things like not allowing certain types of evidence during trial. Settlement negotiations can continue throughout this process. Many car accident civil disputes are settled before trial is required.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is solid and that you will be willing to take the case to trial. The settlement process is also quicker and less risky than the court trial.

Before settling on an agreement, it is important to understand the severity of your injuries and completed all medical treatments. You could be denied additional compensation if settling the settlement before your doctor has confirmed that you have achieved the point of maximum improvement. Additionally, you should not sign the release until you've spoken with your lawyer and gained full understanding of your losses. Your lawyer will ensure you do not lose out on the valuable compensation. They will carefully review your medical records as well as other documents to ensure that you get the full amount of damages to which you are eligible.