The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you need to cover your injuries, our tenacious attorneys will prepare an official demand letter. It will detail all your financial losses including medical expenses and lost wages, as well as other damages that are not economic, like suffering and pain.

Then, a judge or jury will make a decision. If they make a decision to your advantage, you will be awarded damages. In addition, the defendant must pay them.

1. Gathering Evidence

In a lawsuit for a car Accident Law Firms, proving liability and negligence is the most important aspect to obtain compensation for your losses and injuries. Gathering evidence is one of the initial steps in the litigation process, and it involves collecting documents witnesses' testimony, photographs, and official reports like police reports.

Your attorney may be able to establish what transpired in the accident by taking pictures of the scene, including skid marks and road debris as well as other physical evidence. Note down the names and contact information of any eyewitnesses that witnessed what happened. It is important to have witnesses who can confirm the events that took place, as it can often happen that drivers will give contradictory statements that result in insurance companies refusing or denying the liability.

Other types of evidence your lawyer might use include medical records, which may include receipts, bills, diagnosis reports, lab results, discharge instructions, and other evidence that demonstrates the severity of your injuries. You should seek these records as soon as you can and give copies to your healthcare professionals.

A deposition is yet another type of evidence that your attorney could make use of. It is an out-of court testimony under oath and Accident Law Firms later transcribed by a Court Reporter. Your lawyer can utilize this testimony to prove that your injuries were an obvious, predicable connection to the accident. This will help justify seeking compensation. Most of the evidence discussed above can be obtained at the scene of the accident or shortly afterwards however, some might not be available until later in the litigation. This is the reason it's essential to contact a reputable lawyer for car accidents as soon as you can so that they can begin an investigation while the crucial evidence is in its most pure form.

2. Making a complaint

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

The first step is to file a complaint in court, which lists the specific claims that you're making and the amount you are seeking in damages. The document is usually drafted by your lawyer and filed with the court and served to the defendant.

This also initiates the discovery phase which allows both parties to exchange information and documents related to their claims and defenses. The process can take a long duration and both teams will have to look over a variety of documents like police reports and witness statements. They might also have to look at medical records and bills as well as other documents. Each side can demand interrogatories. They are a series of questions that each party must answer under oath within a specified timeframe.

In this phase, your lawyer will also work closely with doctors to gather the full picture of your injuries and the impact they've had on your life. Your attorney will calculate the total damages you have suffered that include the future and past medical expenses loss of earnings, pain and suffering and much more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver at the fault. This is likely to take place after the completion of discovery and prior to trial. If the insurance company refuses to provide a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, your case may go to trial. A jury or judge will make a final decision in the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit the attorney representing you and the insurance company exchange information that may help or hurt your claim. Your attorney will request copies of the documents that support your case, such as medical bills, police reports or work-related loss records (e.g., from your employer that outlines how much time you missed work due to the accident) photographs of your vehicle, any damage or injuries, and other relevant financial information. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.

These discovery tools written in writing are distributed back and forth between the attorneys on both sides. Written discovery tools allow the other side an opportunity to respond to questions in writing that need to be answered under oath and to provide copies of 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 vital to your case. In a deposition, the attorney representing the at-fault party will ask you several questions, and your answers will be recorded on video or transcribed by a court reporter.

These pretrial investigation procedures are designed to assist your lawyer develop a convincing case against the responsible party and their insurer to negotiate an equitable settlement for all of your damages and losses, costs and expenses. There is no guarantee of a settlement in every case however the majority of cases do so during or after the investigation process, which is usually completed before the trial.

4. Trial

The majority of car accidents are resolved through informal negotiations, if you and the insurance company disagree about fault or how much compensation you should receive for your injuries, your case may go to trial. A trial is a formal proceeding in which both sides are required to argue their case and provide evidence before a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.

During the trial, your lawyer will give your account of the events in opening statements to the jury together with any evidence that you have, like photographs or videos of the accident scene, testimony from people who witnessed the accident lawsuits and medical professionals, as well as documents such as medical bills and police reports. You can also testify regarding your personal memories of the incident and how it affected your life. Expert witnesses can also testify to support your claims. The lawyer for the defendant can cross-examine witnesses and object to the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's injury was the result of the defendant's negligent behavior. They will consider proximate cause, a complicated legal concept that lawyers spend many hours studying in law school. Proximate cause considers the relationship between the defendant's actions and the plaintiff's injuries.

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

5. Settlement

Every state has a legal deadline, known as the statute of limitations, where you have to settle your claim or bring a lawsuit. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you could require filing a car accident lawsuit in the court. It can be lengthy and expensive, but it is often necessary to pursue compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal procedure in which each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents referred to as motions to request the court to consider excluding certain types of evidence in trial. Settlement negotiations can be ongoing throughout the entire process, and most civil disputes arising from car accidents end before a trial is required to be held.

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

Before settling an agreement, it's crucial to fully comprehend the severity of your injuries. You must also have completed all medical treatments. You may not receive additional compensation if you sign the settlement until your physician has concluded that you have reached the maximum level of improvement in your medical condition. It is also important not to sign a settlement agreement before you have consulted with your lawyer regarding your damages. Your lawyer will make sure that you don't lose out on valuable compensation. They will carefully examine your medical records and other documents to ensure that you get the full amount of damages to which you are eligible.