The First Steps in Car Accident Litigation

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

A judge or jury will then make a ruling. If they decide to your advantage, you will be awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a car accident law firms lawsuit the proof of negligence and liability is essential to receive compensation for your injuries and losses. Gathering evidence is among the initial steps in the litigation process, and it involves gathering evidence, documents, photographs, witness testimony as well as official reports, such as police reports.

Your attorney may be able to determine what happened during the accident by taking photos of the scene, which include skid marks road debris, skid marks and other physical evidence. Record the names and contact details of any witnesses who were present to witness what transpired. Witnesses who testify that confirm your version of the events is essential as it could be common for drivers to have conflicting versions of what transpired, which can lead to insurance companies refusing to accept the claim or deny the responsibility completely.

Other forms of evidence your lawyer may use include medical records, which may include receipts, bills, diagnosis reports, lab results, discharge instructions and other documents that show the extent of your injuries. You should obtain these records as soon as you can and send copies to your healthcare providers.

Another form of evidence your attorney could use is a deposition, which is out-of-court testimony given under oath that is then transcribing by a court reporter. The lawyer can use this evidence to prove your injuries were a clear, identifiable connection to the accident lawyers. This is a good argument to support the need for compensation. Most of the evidence discussed above is available at the site of the crash or shortly after but some of it may not be available until later in the litigation. This is why it's important to speak with a well-credentialed lawyer for car accidents as soon as possible so that they can begin the investigation as evidence is in its most pure form.

2. Filing a complaint

After the dust has settled, and you've taken care of your injuries, seek legal advice from a professional. An attorney who has handled car accidents can provide the expertise needed to help you obtain 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 wish to recover in damages. The document is usually written by your attorney and filed with the court, and then served to the defendant.

This also begins the discovery phase which allows both parties to exchange information and documents related to their defenses and claims. The process can take a considerable time and both teams will need to review a lot of documents including police reports and witness statements. They might also have to review medical records as well as bills and other documents. Each side can request interrogatories. These are a set of questions that the other side must answer under oath within the specified timeframe.

During this stage, you lawyer will also work closely with doctors to gather a full picture of your injuries as well as the impact that they've affected your life. Your lawyer will calculate your total damages. This includes future and past medical expenses, lost wages, suffering and pain, and much more.

Your lawyer might be able to negotiate a settlement 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 an equitable settlement, or if your damages are substantial and not covered by insurance, then you might be required to appear in court. A jury or judge will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit; Internet Page,, where your attorney and the insurance company of the negligent driver company exchange information that could help or hurt your claim. Your attorney will request copies of the documents that support your case. These documents include police reports, medical bills and work loss records from your employer (showing the length of time you were absent due to the accident) photographs of your vehicle, any injuries or damages and other financial details. Your lawyer will also make use of documents for discovery in writing, such as interrogatories or requests for production as well as request for admissions to question witnesses and other parties who aren't present in the case.

These written discovery tools are exchanged between attorneys on both sides. They give the opposing side an opportunity to reply to questions in writing, which must be sworn to under oath, and to supply copies of specific documents or other information which could be beneficial to your case.

Your Long Island car accident attorney will also interview witnesses and anyone who has information regarding your injuries or damages which could be essential to your case. During a deposition lawyer representing the party at fault will ask you various questions, and your answers will be recorded on video or translated by a court reporter.

The purpose of these pretrial investigation processes is to assist your lawyer to build a strong and compelling case to the party at fault and their insurance company so that you are able to secure an equitable and fair settlement for your injuries, losses and expenses. While there is no assurance that all cases will settle, the majority do during or after the discovery process, which may be completed before the trial.

4. Trial

Trials are possible in cases when you and the insurance company do not agree regarding the fault of the other party or the amount you are entitled to for your injuries. A trial is an official proceeding where both parties present their arguments and evidence to a factfinder who will make an announcement to settle the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will be able to present your version of events in opening statements to the jury, along with any supporting evidence you have, including photos or video of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents such as medical bills and police reports. You may also testify on your personal memories of the incident, and how it impacted your life. Expert witnesses are also able to testify in support of your claims. The attorney for the defendant can interrogate witnesses and contest the admissibility of specific evidence.

The jury will determine at trial whether the plaintiff's injuries was caused by the defendant's negligent conduct. They will examine proximate causes, a complex legal concept that law school students spend hours studying. Proximate causes considers the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury is also required to decide how much compensation you will be awarded. It's also a complex issue because it depends on the degree of your injuries and the extent to which you've suffered. Your attorney will present evidence that includes expert testimony about the severity of injuries that resulted in loss of income and earning potential, in addition to your pain and suffering and impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations, that you must meet to settle your claim or file a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you could need to file a car accident lawsuit in the court. It can be time-consuming and expensive, but it is usually necessary to pursue compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a procedure that is formal in which each side exchanges information with the other). Your lawyer will also prepare legal documents, also known as motions, requesting the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are settled before a trial is needed.

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

It is vital to fully comprehend your injuries prior to committing to the settlement. You must also have completed all medical treatments. If you sign a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) then you could be denied additional compensation. You should also not sign an agreement until you have had a conversation with your lawyer and had an understanding of all damages. Your lawyer will make sure that you don't lose out on a significant amount of compensation. They will go through your medical records, as well as other documents to ensure that you receive all damages for which you qualify.