The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount you need to cover your injuries, our hard-working attorneys will prepare a formal demand letter. The letter will list all of your economic losses such as medical expenses, lost wages as and non-economic losses such as discomfort and pain.

Then, a judge or jury will decide. If they rule in your favor you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving an accident lawyers in a car, proving negligence is vital in obtaining compensation for your injuries. Gathering evidence is one of the first steps of the process of litigation, and it involves gathering documents witnesses' testimony, photographs as well as official reports like police reports.

Your lawyer may be able to determine what happened during the accident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Take down the names and contact details of any eyewitnesses that witnessed the incident. It is crucial that witnesses to verify the events that were actually happening, as it may often happen that drivers offer contradictory information that can lead to insurance companies refusing to accept or deny responsibility.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injury. They could include receipts, bills and lab results, diagnose reports, discharge directions and other records. You should seek these documents as soon as you can and send copies to your medical professionals.

Another type of evidence your attorney may employ is a deposition which is out-of-court testimony given under oath and transcribed by a court reporter. Your lawyer may use the testimony to establish that your injuries had an immediate and obvious connection to the crash and, therefore, can justify the need for compensation for your damages. While most of the above-mentioned types of evidence are taken at the scene of the accident or shortly thereafter, some of them may not be accessible until later in the litigation process. This is why it's crucial to consult a highly-credentialed car accident lawyer as soon as you can, so they can begin the investigation while vital evidence is still in its most pure form.

2. Making a complaint

After the dust has settled and you've taken care of your injuries, you need to seek legal advice from a professional. A car accident law firms lawyer can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with the court. The complaint will detail your specific claims as well as the amount you want to recover in damages. This type of document is typically drafted by an attorney, and filed in the court. It will also be served to the defendant.

This also triggers the discovery phase which allows both parties to exchange information and documents related to their claims and defenses. The process can take a long duration and both teams will have to look over a variety of documents, including police reports and witness statements. They might also have to examine medical records and bills as well as other documents. Each side can request interrogatories. These are a series of questions which the other side must answer under oath in a specified time frame.

Throughout this stage the lawyer will collaborate with doctors to ensure they have a complete picture of the severity of your injuries as well as the impact they've affected your daily routine. Your attorney will then calculate your total damages that will include future and past medical expenses and lost earnings, as well as pain and suffering and much more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver who is at fault. This is more likely to happen following discovery and prior to trial. If the insurance company is unable to provide a fair settlement or if you've sustained significant damages that are not covered by the insurance policy, the case could be referred to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident where your lawyer and the insurance company of the negligent driver company exchange information that could support or damage your claim. Your attorney will ask for copies of the documents that support your case, such as medical bills, police reports and work loss records (e.g. the records from your employer that outlines how long you missed work because of the accident) photographs of your vehicle as well as any injuries or damages or other pertinent financial information. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to ask questions of witnesses and parties who are not present.

The written discovery tools are circulated back and forth between attorneys on both sides. The written discovery tools provide the other side an opportunity to answer questions in writing that need to be answered under oath and to provide copies or Accident lawyer other information that might be useful to you.

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

These pre-trial investigation procedures are designed to assist your lawyer build a compelling case against the responsible party and their insurer to get an equitable settlement for all of your damages and losses, costs and expenses. While there is no guarantee that all cases settle however, the majority of cases settle in the course of or following the discovery process, which is often be completed before the case is brought to trial.

4. Trial

Trials are a possibility in situations where you and the insurance company disagree on fault or the amount you should be awarded for your injuries. A trial is a formal process where both sides submit arguments and evidence to a factfinder, who renders a verdict which settles the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will be able to provide your version of the events in your opening statements to the jury as well as any other evidence that you have, like pictures or videos of accident scene, testimony from witnesses and Accident Lawyer medical professionals, as well as documents like police reports and medical 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 challenge to the admissibility of evidence.

The jury will decide during trial whether the plaintiff's harm was caused by the defendant's negligence. They will consider proximate cause an intricate legal concept that lawyers have to spend many hours studying during law school. Proximate causes considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you should receive. This is another complicated issue depending on how severe your injuries are and the extent of your losses. Your attorney will present your evidence which includes expert witness testimony regarding the severity of your injuries, the loss of income and future earnings potential as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Every state has a time limit within which you can resolve your claim or file an action. This is referred to as the statute of limitations. If your lawyer can't come to a deal with the insurer, you might have to make a court filing. It can be lengthy and expensive, yet it is usually required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where each side exchanges information with one another). Your lawyer will also file legal documents referred to as motions asking the court for certain things, such as the exclusion of certain types of evidence at trial. Settlement negotiations may continue throughout the entire process, and a lot of car accident civil disputes end before a trial is required to be held.

If they believe your injury claim is solid and that you are willing to go to trial the insurance company will offer an honest settlement offer. Additionally, the settlement process is quicker and less risky for them than a trial.

It is important to fully understand the extent of your injuries prior to agreeing to a settlement. It is also important to have completed all medical treatments. If you sign a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) it is possible to not be eligible for additional compensation. Also, you should not sign a release until you have consulted with your lawyer regarding your damages. Your lawyer will ensure that you do not lose out on the valuable compensation. They will carefully review your medical records and other evidence to make sure that you receive the full amount of damages to that you are eligible.