The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount of money you require for your injuries, our persistent lawyers will draft a formal demand letter. The letter will list all of your economic losses such as medical expenses, lost wages, as also non-economic damages such as discomfort and pain.

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

1. Gathering Evidence

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

Photographs of the scene of the accident could assist your attorney in determining what actually transpired in the collision, including the location of both cars following the impact, skid marks road debris and other physical evidence. Also, take note of the names and contact information of any witnesses who witnessed the incident. Having witnesses testify that corroborate your version of what transpired is vital particularly since it can be common for drivers to give contradicting stories of what happened. This causes insurance companies to refuse to accept the claim or denying responsibility altogether.

Other evidence that your lawyer could utilize include medical records. These could include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other evidence that proves the severity of your injuries. You should seek these records as soon as you can, and make sure to give copies to your healthcare professionals.

A deposition is another form of evidence your lawyer may use. It's an out-of the court testimony that is under oath and later transcribed by a Court Reporter. Your lawyer can utilize this testimony to prove that your injuries were an immediate, obvious connection to the accident. This helps to justify requesting compensation. While the majority of the above kinds of evidence can be taken at the scene of the accident or within a short time after, some of them may not be available until later in the litigation process. This is why it's important to talk to a reputable car accident lawyer as soon as you can, so they can begin investigating while vital evidence is still in its most pure form.

2. How to file a complaint

Once the dust has sunk and you've treated your injuries, it's the time to seek out legal counsel from an expert. A car accident law firms lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with the court. It will describe your specific claims as well as the amount of money you'd like to recover in damages. The document is usually written by an attorney and then filed in the court. It will also be delivered 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 review many documents, including police reports and witness statements and medical records, as well as bills and much more. Each side may request interrogatories. These are a series questions which the other side must answer under oath in the specified timeframe.

During this stage, you lawyer will also work closely with doctors to get the full picture of your injuries and the impact that they've affected your life. Your lawyer will calculate your total damages. This includes future and past medical expenses including lost wages, the pain and suffering of others, and many more.

Your lawyer may be able negotiate a settlement with the insurance company of the driver at the fault. This will most likely be the case following the completion of discovery and prior to trial. If the insurance company is unable to offer a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, the case may go to trial. A jury or judge will decide on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. It is the point at which your attorney and the negligent insurance company of the driver share information that could either support or damage your claim. Your attorney will request copies of the documents that support your case, such as medical bills, police reports as well as work loss records (e.g. documents from your employer that outlines how long you missed work due to the accident), photographs of your car and any injuries or damages and other financial information. Your lawyer will also make use of written discovery tools, such as interrogatories, requests for production and requests for admissions to question witnesses and other parties who are not in the case.

These tools for discovery in writing are sent back and forth between the attorneys from both sides. The written discovery tools provide the other side an opportunity to respond to questions in writing that must be answered under oath. It also allows you to provide copies or other information that might be helpful to you.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident and Accident Lawyer also any person who has information about your injuries or damages that could be important to your case. In a deposition, the lawyer representing the party at fault will ask you several questions, and your responses will be recorded on video, or transcribed by a court reporter.

These pretrial investigation procedures are designed to help your lawyer create a compelling case against the responsible party and their insurance company in order to secure a fair settlement for all your injuries, expenses and losses. Although there is no guarantee that all cases settle, the majority do either during or after the discovery process, which can often be completed before your case reaches trial.

4. Trial

Trials are a possibility in situations where you and the insurance provider disagree on fault or the amount of compensation you should receive for your injuries. A trial is a formal process in which both parties present arguments and evidence before the factfinder, who makes a decision on how to settle the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of what happened 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 documents such as police reports and bills. You can also give your testimony regarding your memory of the incident and how it has had an impact on your life. Expert witnesses can also testify to support your claims. The attorney for the defendant can cross-examine witnesses and object to the admissibility of certain evidence.

At trial, the jury must determine if the plaintiff's injuries were caused by the defendant's negligence. They will look at proximate causes, a complex legal concept that law school students spend hours studying. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. It's also a complex matter because it is based on the extent of your injuries and the extent to which you've suffered. Your attorney will present evidence which includes expert testimony regarding the severity of injuries loss of income, future earnings potential, as also the extent of your suffering and impairment.

5. Settlement

Every state has a legal deadline, referred to as the statute of limitations by which you must settle your claim or start a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you might need to file a car accident lawsuit in court. This can be time consuming and expensive, but it is usually required to seek compensation.

During this procedure the Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and attend hearings. Your attorney will also file legal documents, known as motions, asking the court to do things such as excluding certain types evidence from trial. Settlement negotiations can go on throughout the process, and a lot of 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 injury claim is solid and that you'll be willing to take the case to trial. Settlements are faster and less risky than the court trial.

Before settling on an agreement, it's crucial to fully comprehend the severity of your injuries and completed all medical treatments. You may not receive additional compensation if settling the settlement before your doctor has determined that you have reached the maximum level of improvement in your medical condition. You should also not sign a release until you have spoken to your lawyer about your injuries. Your lawyer will ensure you do not miss out on valuable compensation. They will look over your medical records as well as other documents, to ensure that you receive all damages you are entitled to.