The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you need for your injuries, our determined attorneys will prepare an official demand letter. This will outline all your financial damages such as medical bills and lost wages, as well as non-economic damages, like suffering and pain.

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

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is key to obtaining compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident may help your attorney establish what happened during the collision, including the location of both cars after impact, skid marks, road debris, and other physical evidence. Record the names and contact details of any witnesses who witnessed what transpired. It is important to have witnesses who can confirm the events that occurred, as it can often be the case that drivers will give contradictory statements that result in insurance companies refusing or denial of liability.

Medical records can also be utilized by your lawyer to establish the severity of your injury. They could include receipts, bills as well as lab results, diagnosis reports, discharge directions and other documents. You should get these records as soon as you can and give copies to your medical professionals.

Another form of evidence your lawyer could use is a deposition, which is out-of-court testimony given under oath and recorded by a court reporter. The lawyer can utilize this testimony to prove that your injuries had a direct, foreseeable link to the accident. This can be used to justify seeking compensation. While the majority of these types of evidence are obtained at the scene or shortly thereafter however, some evidence may not be available until later in the litigation process. This is why it's important to talk to a reputable car accident lawyer as soon as possible so that they can begin investigating while the crucial evidence is in its purest form.

2. Making a complaint

After the dust has settled and you've taken care of your injuries, you need to seek legal advice from an experienced. An attorney who has handled car accidents can provide the expertise needed 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 you'd like to recover in damages. The document is usually written by an attorney and filed in court. It will also be given to the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence that is related to their claims and defenses. The process can be very long and requires both teams to examine a variety of documents, including police reports, witness statements medical records, invoices and accident Lawsuit more. Each side is able to request interrogatories. These are a set of questions which the other side must answer under oath in an agreed upon timeframe.

During this stage, you lawyer will also work closely with your doctor to get a 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 include future and past medical expenses, lost earnings, pain and suffering and much more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver who is at the fault. This is more likely to happen following discovery and prior to trial. If the insurance company refuses to negotiate a fair settlement or if you've suffered significant damages that are not covered by the insurance policy, your case could be referred to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit in which your attorney and the insurance company of the negligent driver company exchange information that may assist or derail your claim. Your attorney will request copies of the documents that support your case, such as police reports, medical bills and work loss records (e.g. documents from your employer which reveals the amount of time you were absent from work due to the accident) photographs of your vehicle, any injuries or damages or other pertinent financial information. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

These documents are shared between attorneys on both sides. They give the opposing party the opportunity to answer questions in writing, which need to be answered under oath and to supply copies of certain documents or other data that could be useful to your case.

Your Long Island car accident lawyer will also take depositions of witnesses to the collision and anyone with information on your injuries or damages that could be pertinent 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.

These pretrial investigation processes are designed to help your lawyer develop a convincing case against the at-fault person and their insurance company in order to secure a fair settlement for all of your injuries, expenses and losses. There is no assurance of a settlement in every case however, most occur during or after the investigation process, which is typically done prior to trial.

4. Trial

Trials are a possibility in situations where you and the insurance company disagree on the source of your fault or the amount of compensation you are entitled to for your injuries. A trial is a formal hearing where both sides present arguments and evidence to a factfinder, who makes a decision which settles the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any evidence supporting it, such as photos or videos of the scene of the accident as well as testimony from witnesses and medical professionals, documents like police reports and bills. You may also testify on your personal memories of the incident, and how it impacted your life. Expert witnesses can also testify to support your claims. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will determine at trial whether the plaintiff's injury was caused by the defendant's reckless behavior. They will examine proximate cause which is a complex legal concept that lawyers have to spend many hours studying during law school. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you're entitled to. It's also a complicated matter because it is based on the extent of your injuries and the amount to which you've suffered. Your lawyer will provide evidence which includes expert testimony about the severity of injuries as well as lost income and future earnings potential, as also your pain and suffering and impairment.

5. Settlement

Every state has a legal deadline, known as the statute of limitations, that you must meet to settle your claim or bring a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you could require filing a car accident lawsuit in the court. It is costly and time-consuming, but this is often required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal process where both sides exchange information with one another). Your lawyer will also file legal documents known as motions to request the court for certain things, such as not allowing certain types of evidence at trial. Settlement negotiations can continue throughout the entire process, and a lot of car accident law firm civil disputes end before a trial can be held.

If they believe your injury claim is valid and you are willing to go to trial insurance companies will make an appropriate settlement offer. In addition settlement is quicker and less risky for them than a trial.

Before settling an agreement, it's important that you fully understand the severity of your injuries and that you have completed all medical treatments. You could lose out on additional compensation if you agree to a settlement until your doctor has confirmed that you have achieved the maximum level of improvement in your medical condition. Don't sign a contract before you have consulted with your lawyer about your injuries. Your lawyer will make sure that you don't lose out on the valuable compensation. They will carefully review your medical records and other evidence to make sure that you receive the total amount of damages to that you are eligible.