The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter if an insurance company is unable to pay the amount you're entitled to for your injuries. It will detail all the economic losses you have suffered, such as medical bills and lost wages, and other damages that are not economic, like pain and suffering.

A jury or judge will then make a decision. If they make a decision in your favor, you will be awarded damages. In addition, the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is essential to receive compensation for your losses and injuries. Gathering evidence is among the first steps of the process of litigation, and it involves collecting documents including photographs, witness statements and official reports such as police reports.

Your lawyer 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. Record the names and contact numbers of any witnesses who were present to witness the incident. It is essential that witnesses to verify the events that took place, as it can often be the case that drivers offer contradictory accounts that lead to insurance companies refusing or denying the responsibility.

Other evidence forms your lawyer could utilize include medical records, which can include receipts, bills, diagnosis reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. You should get these records as quickly as you can and give copies to your healthcare providers.

A deposition is a different type of evidence your lawyer can employ. It's an out-of court testimony under oath, and then translated by a court reporter. Your lawyer could use the testimony to establish the fact that your injuries had an immediate and obvious connection to the accident attorneys, which helps justify requesting the compensation you deserve for your damages. Although the majority of the above kinds of evidence can be taken at the scene of the accident law firms (srv5.cineteck.net) or within a short time after, some of it might not be accessible until later in the litigation process. This is why it's vital to consult a highly-credentialed car accident attorneys lawyer as quickly as you can, so they can begin the investigation while vital evidence is still in its purest form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, you should seek legal advice from an expert. A car accident attorney can provide the expertise needed to help you obtain maximum compensation for your claim.

The first step is filing a complaint with the court. The complaint will detail your specific claims as well as the amount of money you'd like to claim in damages. The document is usually written by an attorney, and filed in court. It is also served to the defendant.

The discovery phase begins with both parties able to share information regarding their defenses and claims. The process can take a long time and requires both parties to examine a variety of documents, including police reports witnesses' statements, police reports medical records, invoices and more. Each side can ask for interrogatories, which are a series of questions that the other party must answer under oath within a set timeframe.

During this stage, you lawyer will also work closely with doctors to gather the full picture of your injuries as well as the impact that they've caused on your life. Your attorney will calculate your total damages that will include future and past medical expenses and lost earnings, as well as pain and suffering, and more.

Your lawyer could be able to negotiate a settlement with the insurance company of the driver who is at fault. This is more likely to occur after discovery and prior to trial. If the insurance company doesn't agree to a fair settlement, or if the damage is important and not covered by insurance, you may have to go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase 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 ask for copies of documents to support your claim. These include police reports medical bills, work loss records from your employer (showing the amount of time you missed due to the accident), photos of your vehicle, any injuries or damages and financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

These written discovery tools are used to exchange information between attorneys on both sides. They give the opposing side an opportunity to reply to questions in writing, which have to be answered under oath, and to supply copies of specific documents or accident law firms other information that could be useful to your case.

Your Long Island car accident attorney will also question witnesses and anyone with information about your injuries or damages that could be important to your case. During a deposition the lawyer representing the party at fault will ask you questions and your responses are recorded on video by an official court reporter or recorded.

The goal of these pre-trial investigation procedures is to enable your lawyer to construct an argument that is convincing and persuasive to the party at fault and their insurer, so that you can secure a fair and complete settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case but the majority of them will settle during or following the investigation process, which is typically completed before the trial.

4. Trial

Although the majority of car accident cases settle through out-of-court negotiations, if you and the insurance company aren't in agreement on the cause or the amount you are entitled to for your injuries, your case could be heard in a trial. A trial is an official process in which both parties present their arguments and evidence to a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder is usually a jury.

During the trial your lawyer will be able to explain your story in your opening statements to the jury, and any supporting evidence you may have, such as photos or video of the accident scene, witness testimony from witnesses and medical professionals, as well as documents such as police reports and medical bills. You can also testify regarding your memories of the incident and how it impacted your life. Expert witnesses can also testify to back 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 injuries was caused by the defendant's negligent conduct. They will examine proximate cause which is a tangled legal concept that lawyers spend countless hours studying during law school. Proximate causes considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury is also required to decide how much compensation you should receive. It is also a complicated matter because it is based on the severity of your injuries as well as the extent to which you have suffered. Your attorney will present your evidence including expert witness testimony regarding the severity of your injuries, your loss of income, and future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a deadline to settle your claim or bring a lawsuit. This is referred to as the statutes of limitations. If your lawyer can't come to a deal with the insurer, you could be required to start a lawsuit in the courtroom. It can be lengthy and costly, however it is usually required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where both sides exchange information with the other). Your attorney will also submit legal documents, referred to as motions, requesting the court to do things like excluding certain types of evidence from trial. Settlement negotiations can continue throughout this process, and a lot of civil disputes arising out of car accidents will end before a trial can be held.

If they believe your injury claim is solid and that you are willing to go to trial Insurance companies will offer an appropriate settlement offer. Settlements are faster and less risky than a court trial.

Before agreeing to the settlement, it's crucial to fully comprehend the severity of your injuries and that you have completed all medical treatment. You could be denied additional compensation if you sign an offer of settlement until your doctor has confirmed that you have achieved the point of maximum improvement. Also, you should not sign a contract before you have spoken to your lawyer about your damages. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will carefully examine your medical records and other documentation to ensure that you receive the full amount of damages for which you are eligible.