The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter in the event that the insurance company is unable to pay the amount you require for your injuries. The letter will list all of your financial damages like medical expenses and lost wages, as also non-economic damages like pain and discomfort.

A jury or judge will then make a decision. If they rule in your favor they will make you a victim and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving an accident in a car, proving negligence is crucial to receive compensation for your injuries. The gathering of evidence is one of the first steps in the process of litigation, and it involves gathering evidence, documents witnesses' testimony, photographs as well as official reports such as police reports.

Your lawyer might be able to establish what happened during the accident by taking pictures of the scene, which include skid marks and road debris as well as other physical evidence. Also, keep track of the names and contact numbers of any eyewitnesses who witnessed what occurred. Having witnesses testify that corroborate your account of what transpired is vital particularly since it can be common for drivers to have conflicting versions of what transpired, which causes insurance companies to refuse to accept the claim, or even deny any responsibility at all.

Medical records can also be used by your lawyer to establish the severity of your injuries. They could include bills, receipts, lab results, diagnosis reports, discharge guidelines and other records. You should seek these documents as soon as you can, and make sure to give copies to your medical professionals.

Depositions are another form of evidence your lawyer may employ. It is an out-of court testimony given under oath. It is then recorded by a Court Reporter. Your lawyer may utilize this testimony to prove that your injuries have an obvious, predicable connection to the accident. This is a good argument to support requesting compensation. While the majority of these types of evidence are taken at the scene of the accident or Accident Lawyer within a short time after however, some evidence may not be available until later in the litigation process. This is why it's crucial to speak with a well-credentialed car accident lawsuits lawyer as soon as possible, so that they can begin investigating while vital evidence is still in its most pure form.

2. Filing a Complaint

When the dust has cleared and you've taken care of your injuries, it's time to seek legal advice from a professional. A car accident lawyer (Going On this page) can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with court, which lists the specific claims you're bringing and the amount of money you are seeking in damages. This document is usually drafted by an attorney, and filed in the court. It is also given to the defendant.

The discovery phase starts and allows both parties to share information about their claims and defenses. The process can take a considerable time and both teams may need to review a lot of documents, including police records and witness statements. They might also need to look at medical records or bills, as well as other documents. Each side may demand interrogatories. They are a set of questions which the other party must answer under oath within a specified date.

During this stage, you lawyer will also collaborate with doctors to gather an accurate picture of your injuries as well as the impact that they've had on your life. Your lawyer will then estimate the total damages you have suffered that include past and future medical expenses loss of earnings, pain and suffering, and more.

Sometimes, your lawyer may be able to negotiate an agreement with the responsible driver's insurance company. This is more likely to occur following discovery and prior to trial. If the insurance company refuses a fair settlement or if your damages are significant and not covered by insurance, then you might be required to go to trial. A jury or judge will make a decision on the case based on all of the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and negligent insurer of the driver exchange information that could help or hurt your claim. Your attorney will request copies of documents that support your case. These documents include police reports as well as medical bills and work loss records from your employer (showing the length of time you missed due to the accident), photos of your vehicle, any injuries or damages and financial information. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to ask questions of witnesses and other parties who are not present.

These written discovery tools are distributed back and forth between attorneys on both sides. They give the opposing party an opportunity to reply to questions in writing, which must be sworn to in oath and to supply copies of certain documents or other data which could be beneficial to your case.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the accident and also anyone with information on your injuries or damages that could be important to your case. During a deposition the lawyer representing the at-fault party will ask you questions and your answers will either be recorded on video by the court reporter or translated.

The purpose of these pre-trial investigation procedures is to allow your lawyer to construct an effective and convincing argument to the party at fault and their insurer in order that you are able to secure an adequate and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases will settle, the majority do either during or after the discovery process, which is often be completed before your case reaches trial.

4. Trial

Trials can be arranged in situations when you and the insurance provider disagree regarding the fault of the other party or the amount of compensation you are entitled to for your injuries. A trial is a formal proceeding in which both parties argue and present evidence to a factfinder who makes an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will explain your story in opening statements to the jury along with any supporting evidence you have, including photographs or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents such as police reports and medical bills. You can also offer testimony regarding your recollection of the incident and how it has changed your life. Expert witnesses can also testify to support your claims. The lawyer for the defendant can cross-examine the witnesses and object to the admissibility or validity of certain evidence.

The jury will decide during trial whether the plaintiff's injuries was the result of the defendant's negligent behavior. They will examine the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also decide how much compensation you will be awarded. It's also a complicated issue because it depends on the severity of your injuries as well as the amount to which you've suffered. Your lawyer will provide evidence, including expert testimony, regarding the severity of your injuries that resulted in loss of income and earning potential, as well the extent of your suffering and impairment.

5. Settlement

Every state has a deadline to settle your claim, or even file a lawsuit. This is referred to as the statutes of limitations. If your lawyer is unable to negotiate a settlement with the insurer, you may have to file a lawsuit in court. This can be time consuming and costly, but it is usually required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a procedure that is formal in which both sides exchange information with one another). Your lawyer will also make legal filings, also known as motions, requesting the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are resolved prior to a trial.

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

Before settling an agreement, it's crucial to fully comprehend the extent of your injuries and completed all medical treatments. You could lose out on additional compensation if you sign an offer of settlement until your doctor has determined that you have attained the maximum medical improvement. Also, you should not sign a settlement agreement before you have spoken to your lawyer about the damages. Your attorney will ensure that you do not lose out on the valuable compensation. They will look over your medical records and other documents to ensure that you are entitled to all of the damages you are entitled to.