The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter if the insurance company is unable to pay the amount you require for your injuries. This will include all of your economic damages such as medical bills and lost wages, as well as non-economic damages like suffering and pain.

Then a jury or judge will take a call. If they decide in your favor, they will make you a victim and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is key to obtaining compensation for your losses and injuries. The gathering of evidence is one of the first steps of the litigation process. it requires gathering documents such as photographs, witness testimony as well as official reports like police reports.

Photographs of the scene of the accident might assist your attorney in determining what actually happened in the accident, including the position of both vehicles after impact, skid marks road debris, and other physical evidence. Also, keep track of the names and contact information of any witnesses who were present at the incident. Having witnesses testify that corroborate your account of the events is essential as it could be common for drivers to have conflicting stories of what happened. This leads to insurance companies refusing to accept the claim or even denying any responsibility at all.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injuries. These documents could include bills, receipts and lab results, diagnose reports, discharge instructions, and other records. You should get these documents as soon as you can and ensure that you provide copies to your medical professionals.

Another type of evidence that your attorney could make use of is a deposition which is out-of-court testimony given under oath and recorded by a court reporter. Your lawyer may utilize the testimony to prove the fact that your injuries had an immediate and obvious connection to the accident and can be used to justify compensation for your damages. While most of the above-mentioned types of evidence can be gathered at the accident scene or shortly afterward however, some evidence may not be available until later in the litigation process. This is why it's important to contact a reputable car accident lawyer as soon as possible so that they can begin an investigation when the evidence is in its purest form.

2. The process of filing a complaint

After the dust has settled and you've taken care of your injuries, it's the time to seek out legal counsel from an expert. A car accident attorney will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with the court. This document will outline your specific claims and the amount you'd like to recover in damages. The document is usually written by your lawyer and filed with the court and then served on the defendant.

The discovery phase starts and allows both parties to share information regarding their defenses and claims. The process can be lengthy and requires both teams to go through a myriad of documents including police reports witnesses' statements, police reports medical records, invoices and much more. Each side is able to request interrogatories. These are a series of questions that the other side must answer under oath within an agreed upon timeframe.

In this phase, your lawyer will also collaborate with your doctor to get the full picture of your injuries and the impact they've caused on your life. Your lawyer will then calculate your total damages that will include past and future medical expenses and lost earnings, [Redirect-Java] as well as suffering and pain 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 most likely to take place after the completion of discovery and before trial. If the insurance company does not agree to a fair settlement or if the damage is significant and are not covered by insurance, you may need to go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial stage in any car accident attorneys lawsuit the attorney representing you and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will request documents that can support your case, including medical bills, police reports, work loss records (e.g., from your employer showing the amount of time you were absent from work because of the accident) photos of your vehicle as well as any injuries or damage and other financial information. Your attorney may also employ written discovery tools, such as interrogatories, requests for production and requests for admissions to question witnesses and parties who aren't present in the case.

These tools for writing discovery are shared between attorneys on both sides. Written discovery tools allow the opposing party a chance to respond to questions in writing that must be answered under oath. It also allows you to provide copies of other information which could be helpful to you.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident, as well as any person who has information about your injuries or damage that could be crucial to your case. During a deposition, your lawyer representing the at-fault party will ask you questions and your answers are recorded on video by an official court reporter or recorded.

These pretrial investigation procedures are designed to help your lawyer develop a convincing case against the responsible party and their insurer to secure an equitable settlement for all your losses, injuries and losses, costs and expenses. There is no guarantee of a settlement in every case however most do so during or after the investigation process, which is usually concluded prior to the trial.

4. Trial

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

During the trial the lawyer will present your version of events in opening statements to the jury, as well as any other evidence that you have, like images or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents like police reports and medical bills. You can also testify regarding your memories of the incident and how it affected your life. Expert witnesses will also provide testimony to support your claims. The defendant's attorney can cross-examine witnesses and challenge the admissibility of certain evidence.

At trial, the jury has to decide if the plaintiff's injuries were caused by the negligence of the defendant. They will be examining proximate causes an intricate legal concept that lawyers spend many hours studying in law school. Proximate causes focuses on 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. It's a difficult issue due to the degree of your injuries and the degree to which you've suffered. Your attorney will present evidence that includes expert testimony about the severity of your injuries that resulted in loss of income and earning potential, in addition to your pain and suffering as well as impairment.

5. Settlement

Every state has a time limit within which you can resolve your claim or file a lawsuit. This is referred to as the statutes of limitations. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you could be required to file a vehicle accident lawsuit in court. It can be costly and time-consuming, but it is often necessary to get compensation.

During this procedure during this process, your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and will attend hearings. Your attorney will also file legal documents, known as motions, asking the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing throughout the entire process, and many car accident civil disputes end before a trial needs to be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is legitimate and that you are willing to take the case to trial. In addition, the settlement process is quicker and less risky for them than a trial.

It is vital to understand your injuries before you agree to an agreement. It is also important to have completed all medical treatments. If you sign a settlement prior to your doctor determining that you have reached the maximum medical improvement (MMI) then you could be denied additional compensation. Additionally, you should not sign the release until you've met with your lawyer and have full understanding of your damages. Your lawyer will make sure that you do not miss out on valuable compensation. They will carefully examine your medical records and other documentation to make sure that you receive the total amount of damages for that you are eligible.