The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if the insurance company refuses to pay you the amount you require for your injuries. This will outline all your financial losses such as medical bills and lost wages, and non-economic damages, like pain and suffering.

Then, a judge or jury will decide. If they decide in your favor they will award you damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident the proof of negligence and liability is the most important aspect to obtain compensation for your injuries and losses. Collecting evidence is one the first steps in the litigation process, and it involves gathering documents witnesses' testimony, photographs, and official reports, such as police reports.

Your lawyer may be able to establish the circumstances of the accident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Record the names and phone numbers of any witnesses who witnessed what transpired. Witnesses that testify to support your account of the events is essential, especially since it can be common for drivers to give contradicting stories of what happened. This results in insurance companies refusing to accept the claim or denying any responsibility at all.

Medical records can also be used by your lawyer in order to prove the severity of your injuries. They could include receipts, bills as well as lab results, diagnosis reports, discharge directions and other documents. It is important to obtain these records as quickly as you can, and also provide copies to your healthcare providers.

Another type of evidence that your attorney may make use of is a deposition which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. Your lawyer could utilize this testimony to prove that your injuries have an immediate, obvious connection to the accident. This helps to justify seeking compensation. The majority of the evidence mentioned above is available at the site of the accident or shortly afterwards but some of it may not be available until later in the litigation. It is essential to contact an attorney for car accidents with the appropriate credentials immediately to begin an inquiry while the evidence is in its most natural form.

2. Making a complaint

Once the dust has settled and you've taken care of your injuries, it's the time to seek legal advice from a professional. A car accident attorney can provide the necessary expertise to ensure that you receive maximum compensation for your claim.

The first step is to file an application with the court. It will describe your specific claims and the amount of money you wish to recover in damages. This document is usually drafted by an attorney, and filed in court. It is also given to the defendant.

This also triggers the discovery phase that allows both sides to exchange information and evidence related to their claims and defenses. The process can be lengthy and requires both teams to go through a myriad of documents including police reports, witness statements, medical records, bills and more. Each side can ask for interrogatories, which are a set of questions that each party must answer under oath by a predetermined date.

During this stage, you lawyer will also collaborate with medical professionals to obtain the full picture of your injuries and the impact they've caused on your life. Your lawyer will determine your total damages. This will include any future medical expenses, lost wages, pain and suffering and more.

Sometimes, your lawyer could be able to reach a settlement with the at-fault driver's insurance company. It is likely to take place after the completion of discovery, but before trial. If the insurance company does not agree to an acceptable settlement, or if the damages are important and Accident attorney not covered by insurance, then you may be required to appear in court. A judge or jury will make a decision in the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. This is where your attorney and the negligent insurance company of the driver exchange information that can support or damage your claim. Your attorney will request documents that can support your case, such as medical bills, police reports or work-related loss records (e.g. the records from your employer that outlines the amount of time you were absent from work due to the accident law firms), photographs of your vehicle as well as any damages or injuries as well as other financial information. Your attorney can also make use of tools for writing discovery, such interrogatories and requests for production to inquire about witnesses and parties who are not present.

These discovery tools written in writing are exchanged back and forth between the attorneys on both sides. The written discovery tools give the opposing side an opportunity to answer questions in writing that must be answered under oath. It also allows you to provide copies or other information that could be useful to you.

Your Long Island car accident attorney will also depose witnesses and anyone who has information regarding the damages or injuries you sustained that could be important to your case. During a deposition, your lawyer representing the party at fault will ask you questions, and your answers could be recorded on video by the court reporter or translated.

The goal of these pretrial investigation processes is to help your lawyer to present an argument that is convincing and persuasive to the responsible party and their insurance company so that you are able to secure a fair and complete settlement for your injuries, losses and expenses. While there is no guarantee that every case will settle but the majority settle during or after the discovery process, which can be completed prior to the time your case is brought to trial.

4. Trial

The majority of car accident cases settle through out-of-court negotiations however, Accident attorney if you and your insurance company do not agree on who is at fault or how much compensation you are entitled to for your injuries, your case could be heard in a trial. A trial is a formal proceeding where both sides present arguments and evidence to a factfinder who makes a ruling that settles the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will be able to give your account of the events in opening statements to the jury, as well as any other evidence that you have, like photos or video of the accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You can also give your testimony regarding your memory of the incident and how it changed your life. Expert witnesses can also offer evidence to back up your assertions. The lawyer for the defendant may interrogate witnesses and contest the admissibility of specific evidence.

At trial, the jury has to decide whether the plaintiff's injuries were the result of the negligence of the defendant. They will look at the proximate causes, which is a complicated legal concept that law students will spend hours studying. Proximate causes analyzes the degree of connection 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 a more complicated matter because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will present your evidence which includes expert witness testimony on the severity of your injuries, your loss of income, and your future earnings potential as well as your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Every state has a deadline within which you can settle your claim, or even file a lawsuit. This is known as the statutes of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, then you might have to file a car accident lawsuit in the court. It can be lengthy and expensive, but it is often necessary to pursue compensation.

During this process, your Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and attend hearings. Your attorney will also make legal filings, also known as motions, asking the court to do things like exclude certain types of evidence from trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are resolved prior to a trial.

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

Before settling a settlement, it is important to understand the severity of your injuries and have completed all medical treatment. If you agree to a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. You should also not sign a settlement agreement before you have spoken with your lawyer about the damages. Your lawyer will make sure that you don't lose out on valuable compensation. They will carefully examine your medical records and other evidence to ensure that you receive the total amount of damages for that you are eligible.