The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount you need for your injuries, our determined attorneys will prepare an official demand letter. This will outline all your economic damages like medical bills and lost wages, and other damages that are not economic, like suffering and pain.

A judge or jury will then take a call. If they decide in your favor, they will award you damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in the car, proving negligence is crucial in obtaining compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents, witness testimony, official reports, like police reports, and other official reports.

Your attorney might be able to determine the circumstances of the accident by taking photos of the scene, which include skid marks, road debris and other physical evidence. Record the names and phone numbers of any witnesses who witnessed the incident. It is essential that witnesses to verify the events that occurred, as it can often happen that drivers will give contradictory stories that lead to insurance companies refusing or denying the liability.

Other types of evidence your lawyer may use include medical records. These could include bills, receipts diagnose reports, lab results, discharge guidelines, and other evidence that proves the severity of your injuries. It is essential to get these records as quickly as possible and provide copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney could make use of. It is a non-in court statement made under oath, which is then translated by a court reporter. The lawyer can use this evidence to prove your injuries were an obvious, predicable connection to the accident. This helps to justify the need for compensation. Most of the evidence discussed above can be obtained at the site of the accident or soon after however, some might not be available until much later in the legal process. This is why it's vital to consult a highly-credentialed car accident lawyer as soon as you can, so they can begin the investigation when the evidence is in its purest form.

2. The process of filing a complaint

Once the dust has sunk and you have tended to your injuries, it's the time to seek legal advice from a professional. A car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with court, which details the specific claims that you are making and the amount you're seeking in damages. This document is usually drafted by an attorney, and filed in court. It will also be served on the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence related to 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 much more. Each side is able to request interrogatories. These are a set of questions which the other side must answer under oath in the timeframe specified.

Throughout this process the lawyer will work with doctors to ensure that they have a complete understanding of the seriousness of your injuries and the impact they've had on your daily life. Your lawyer will then calculate your total damages that will include past and future medical expenses loss of earnings, suffering and pain, and more.

Your lawyer could be able to reach a settlement agreement with the insurance company of the driver who is at the fault. This is more likely to happen following discovery, but before trial. If the insurance company does not agree to a fair settlement or if the damages are significant and not covered by insurance, then you may be required to go to trial. A jury or judge will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. This is when your attorney and negligent driver's insurer exchange information that could support or undermine your claim. Your attorney will request copies of the documents supporting your case, including police reports, medical bills and work loss records (e.g. an email from your employer which reveals how long you missed work due to the accident) photographs of your car and any damage or injuries or other pertinent financial information. Your lawyer will also make use of written discovery tools, such as interrogatories, requests for production and request for admissions to question witnesses and other parties who aren't present in the case.

These written discovery tools are exchanged between attorneys from both sides. The tools for writing discovery give the opposing side a chance to answer questions in writing which must be answered under oath. It also allows you to provide copies of other information that may be helpful to you.

Your Long Island car Accident lawyer, 217.68.242.110, will also conduct depositions of people who are witnesses to the collision, as well as anyone with information on your injuries or damage that could be crucial to your case. During a deposition the lawyer representing the person at fault will ask you questions and your answers will either be recorded on video by a court reporter or transcribed.

These pretrial investigation procedures are designed to help your lawyer build a compelling argument against the person at fault and their insurer to secure a fair settlement for all your losses, injuries or losses, as well as expenses. There is no guarantee of a settlement in each case but the majority of cases will settle during or following the investigation process, which usually concluded prior to the trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations however, if you and your insurance company aren't in agreement on the cause or the amount you are entitled to for your injuries, your case may go to trial. A trial is an official proceeding where both parties present their arguments and evidence to an impartial factfinder who takes an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it, such as photos or videos of the scene witness testimony, statements from witnesses and medical professionals, as well as documents such police reports and bills. You can also offer testimony regarding your memory of the incident and how it has impacted your life. Expert witnesses can also testify to back your assertions. The lawyer of the defendant may interrogate witnesses and object to the admissibility or validity of certain evidence.

In a trial, the jury has to determine if the plaintiff's injuries were caused by the negligence of the defendant. They will examine the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate causes analyzes the degree of connection between a defendant's actions and Accident Lawyer the plaintiff’s injuries.

A jury must also determine the amount of damages you are entitled to. It's a difficult matter because it is based on the degree of your injuries and the extent to which you have suffered. Your lawyer will provide evidence including expert testimony about the severity of your injuries as well as lost income and future earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Every state has a legal deadline, commonly referred to as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you may be required to file a vehicle accident law firms lawsuit in the court. It can be costly and time-consuming, but it is often required to seek compensation.

During this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure in which each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents known as motions to request the court to consider excluding certain types of evidence in trial. Settlement negotiations can continue during this process. A lot of civil disputes are settled before a trial is necessary.

If they believe that your injury claim is solid and that you are willing to go to trial the insurance company will offer an acceptable settlement offer. Additionally, settlement is quicker and less risky than a trial.

It is crucial to understand your injuries prior to committing to an agreement. You must have completed all medical treatment. It is possible to lose additional compensation if you agree to the settlement until your physician has concluded that you have reached the point of maximum improvement. Also, you should not sign a release before you have spoken with your lawyer about your injuries. Your lawyer will ensure you don't be denied compensation that is valuable. They will carefully review your medical records as well as other documents to make sure that you receive the full amount of damages for that you are eligible.