The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount you need for your injuries, our hard-working attorneys will prepare a formal demand letter. The letter will outline all of your financial damages such as medical expenses and lost wages, as in addition to non-economic damages such as discomfort and pain.

Then, a judge or jury will take a call. If they decide in your favor you will be awarded damages, Accident lawsuit and the defendant will be required to pay them.

1. Gathering Evidence

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

Your attorney might be able to establish what happened during the accident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Also, note the names and contact details of any eyewitnesses who saw the incident. Witnesses who testify to corroborate your version of the events is essential especially as it can be common for drivers to give contradicting reports of what happened, which results in insurance companies refusing to accept the claim or deny the responsibility completely.

Medical records can also be used by your lawyer to demonstrate the severity of your injuries. They could include bills, receipts and lab results, diagnose reports, discharge instructions, and other documents. You should get these records as soon as possible and provide copies to your healthcare providers.

A deposition is another form of evidence that your attorney could use. It's an out-of court testimony under oath, and then transcribed by a Court Reporter. Your lawyer may make use of this testimony to prove your injuries have a clear, identifiable connection to the accident. This can be used to justify seeking compensation. Although the majority of the above kinds of evidence can be gathered at the accident scene or shortly afterward, some of them may not be available until later in the litigation process. It is essential to contact an attorney for car accidents with the right credentials as soon as you can so that they can begin an inquiry when the evidence is in its purest form.

2. Making a complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal advice from an expert. An attorney who has handled car accidents can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is to file a complaint with court, which outlines the specific claims you have filed and the amount you are seeking in damages. This document is usually drafted by an attorney, and filed in the court. It is also delivered to the defendant.

The discovery phase begins with both parties able to share information about their defenses and claims. The process can be very long and requires both teams to go through a myriad of documents including police reports witnesses' statements, police reports, medical records, bills and more. Each side can ask for interrogatories, which are a set of questions which the other party must answer under oath within a set timeframe.

Throughout this process your lawyer will collaborate with doctors to ensure they have a complete picture of the extent of your injuries and the impact they have had on your daily life. Your attorney will calculate the total damages you have suffered that include the future and past medical expenses as well as lost earnings, pain and suffering and much more.

Sometimes, your lawyer may be able to reach an agreement with the at-fault driver's insurance company. This is more likely to happen after discovery and prior to trial. If the insurance company is unable to provide a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, your case may move forward to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit in which your attorney and the insurance company exchange information that could support or damage your claim. Your attorney will ask for copies of documents to support your case. These include police reports medical bills, as well as work loss documents from your employer (showing how much time you missed due to the accident) photos of your vehicle as well as any injuries or damages and other financial details. Your attorney may also employ tools for writing discovery, such interrogatories and requests for Accident lawsuit production to question witnesses and other parties who are not present.

The written discovery tools are exchanged back and forth between the attorneys of both sides. They give the opposing side the opportunity to answer questions in writing, that must be sworn to under oath, and to provide copies of certain documents and other information that could be helpful to your case.

Your Long Island car accident attorney will also depose witnesses and any other person with information about your injuries or damages which could be crucial to your case. During a deposition lawyer representing the party at fault will ask you an array of questions and your answers will be recorded on video or transcribed by a court reporter.

These pretrial investigation processes are designed to assist your lawyer develop a convincing case against the responsible party and their insurer to secure an equitable settlement for all your losses, injuries or losses, as well as expenses. While there is no guarantee that all cases settle, the majority do at the end of or following the discovery process, which can be completed prior to the time your case is brought to trial.

4. Trial

Trials are a possibility in situations where you and the insurance company are not in agreement about who is at fault or the amount you are entitled to for your injuries. A trial is a formal proceeding in which both parties present arguments and evidence before an impartial factfinder who takes a decision to resolve the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will be able to present your version of events in your opening statements to the jury, along with any supporting evidence you may have, such as photographs or videos of the accident scene, testimony from witnesses and medical professionals, as well as documents like medical bills and police reports. You can also give your testimony regarding your recollection of the incident and how it impacted your life. Expert witnesses can also provide evidence to back up your assertions. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's injury was the result of the defendant's negligent conduct. They will consider proximate cause an intricate legal concept that lawyers spend countless hours studying during law school. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also decide the amount of damages you're entitled to. This is a more complicated matter, as it depends on the severity of your injuries and the extent of your losses. Your lawyer will present evidence that includes expert witness testimony regarding the severity of your injuries, your loss of income, and future earnings potential as well as your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Each state has a deadline that you must meet to settle your claim, or even file an action. This is known as the statutes of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you may have to file a car accident lawsuit in the court. It can be time-consuming and expensive, yet it is usually necessary to pursue compensation.

During this process during this process, your Long Island personal injury lawyer will be involved 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 asking the court for specific things such as the exclusion of certain types of evidence during trial. Settlement negotiations can continue during this process. A majority of car accident attorneys civil disputes are resolved before a trial is needed.

If they believe that your injury claim is solid and that you are willing to go to trial, insurance companies will make an acceptable settlement offer. In addition, the settlement process is more efficient and less risky for them than a trial.

Before you agree to a settlement, it is essential to be aware of the severity of your injuries and that you have completed all medical treatment. You could lose out on additional compensation if settling a settlement until your doctor has determined that you have reached the point of maximum improvement. Don't sign the release until you've talked to your lawyer and gained an understanding of all losses. Your lawyer will make sure that you don't miss out on a substantial amount of compensation. They will carefully review your medical records and other documents to make sure that you get the full amount of damages for which you are eligible.