The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter in the event that the insurance company refuses to provide you with the amount you're entitled to for your injuries. The letter will outline all of your economic damages such as medical expenses, lost wages as also non-economic damages such as pain and discomfort.

A jury or judge will then make a decision. If they rule in your favor, they will make you a victim and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving an accident in the car, proving negligence is crucial to obtaining compensation for your injuries. Collecting evidence is one the first steps of the process of litigation, and it requires gathering documents including photographs, witness statements and official reports such as police reports.

Photographs of the scene of the accident can help your attorney establish what actually transpired during the accident, including the position of both cars after impact, skid marks road debris and other evidence that is physical. Also, note the names and contact details of any witnesses who were present at what occurred. It is crucial that witnesses confirm the events were actually happening, as it may often happen that drivers will give contradictory accounts that lead to insurance companies refusing to accept or deny the liability.

Other evidence forms your lawyer might use include medical records, which could include receipts, bills diagnose reports, lab results, discharge instructions, and other evidence that demonstrates the severity of your injuries. It is essential to get these records as soon as you can and send copies to your healthcare professionals.

Another type of evidence your attorney could use is a deposition, which is a non-court-issued testimony that is given under oath and recorded by a court reporter. The lawyer can make use of this testimony to prove your injuries have an immediate, obvious connection to the accident. This can be used to justify requesting compensation. The majority of the evidence mentioned above can be gathered at the scene of the crash or shortly after but some of it may not be available until later in the legal process. This is the reason it's essential to talk to a reputable lawyer for car accidents as soon as possible so that they can begin investigating while vital evidence is still in its purest form.

2. Filing a Complaint

After the dust has settled and you've treated your injuries, it's time to seek expert legal advice. An attorney for car accidents can provide the expertise needed to help you obtain maximum compensation for your claim.

The first step is filing a complaint with the court. This document will outline your specific claims and the amount you'd like to recover in damages. This document is usually drafted by an attorney, and filed in the court. It is also served on the defendant.

This also begins the discovery phase that allows both sides to exchange information and evidence that is related to their defenses and claims. The process can be very long and requires both parties to go through a myriad of documents including police reports, witness statements medical records, invoices and much more. Each side can require interrogatories. These are a set of questions that the other party must answer under oath within a specified date.

In this stage, your lawyer will also collaborate with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your attorney will calculate your total damages. This will include any future medical expenses including lost wages, suffering and pain, and much more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver who is at fault. This is most likely to occur following the conclusion of discovery, but before trial. If the insurance company is unwilling to offer a fair settlement or if the damages are significant and are not covered by insurance, you may be required to appear in court. A judge or jury will make a decision on the case based on the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. This is where your attorney and the negligent insurer of the driver exchange information that could help or hurt your claim. Your attorney will request copies of the documents to support your claim. These include police reports medical bills, as well as work loss documents from your employer (showing the length of time you've missed due to the accident), photos of your vehicle and any damages or injuries, and other financial information. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to inquire into parties and witnesses who are not present.

These tools for discovery are used to exchange information between attorneys on both sides. Written discovery tools allow the opposing party a chance to answer questions in writing, which must be answered under oath and to provide copies or other information that could be helpful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding your injuries or damages that could be crucial to your case. During a deposition at-fault party's lawyer will ask you an array of questions and your responses will be recorded on video or wellho.net translated by a court reporter.

The goal of these pre-trial investigation procedures is to help your lawyer to build a strong and compelling case to the responsible party and their insurer in order 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 the majority of them occur during or after the investigation process, which is often completed before the trial.

4. Trial

Although the majority of car accidents are resolved through informal negotiations, if you and the insurance company are not in agreement about who is to blame or the amount you are entitled to for your injuries, your case may go to trial. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder, who makes a ruling that settles the dispute. In personal injury cases the factfinder will usually be 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, testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also offer testimony regarding your memory of the incident and how it impacted your life. Expert witnesses are also able to testify in support of your assertions. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of certain evidence.

In a trial, the jury has to decide whether the plaintiff's injuries were the result of the defendant's negligence. They will look at proximate cause which is a tangled legal concept that lawyers will spend many hours studying in law school. Proximate cause considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. This is another complicated issue because it is contingent on the severity of your injuries and the extent of your losses. Your lawyer will present evidence which includes expert testimony about the severity of your injuries, lost income and future earning potential, in addition to your suffering and impairment.

5. Settlement

Each state establishes a legal deadline, known as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer is not able to negotiate a settlement with your insurer, you may have to bring a lawsuit to court. It can be lengthy and costly, but it is often necessary to pursue compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where each side exchanges information with each other). Your lawyer will also file legal documents, known as motions, which ask the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are settled before a trial is needed.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you'll be willing to take the case to trial. Additionally, the settlement process is quicker and less risky than a trial.

Before you agree to a settlement, it is essential to be aware of the extent of your injuries and that you have completed all medical treatments. If you settle prior to your doctor determining that you have reached your maximum medical improvement (MMI) then you could miss out on additional compensation. Also, you should not sign a release until you've spoken with your lawyer and gained an accurate understanding of your damages. Your attorney will ensure that you don't lose out on the valuable compensation. They will look over your medical records, and other documentation to ensure that you receive all of the compensation you're entitled to.