The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you need to cover your injuries, our persistent attorneys will prepare a formal demand letter. It will detail all your economic damages like medical bills and lost wages, and non-economic damages, like pain and suffering.

A judge or jury will then come to a decision. If they decide in your favor, they will make you a victim and the defendant has to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is essential to receive compensation for your losses and injuries. Gathering evidence is one of the first steps of the litigation process. it involves collecting documents such as photographs, witness testimony and official reports, such as police reports.

Your attorney might be able to establish what transpired in the accident by taking pictures of the scene, including skid marks or road debris, as well as other physical evidence. Record the names and phone numbers of any witnesses who saw what happened. It is essential that witnesses confirm the events took place, as it can often happen that drivers offer contradictory statements that result in insurance companies refusing or denying liability.

Other forms of evidence your lawyer could use include medical records, which may include receipts, bills diagnostic reports, lab results, discharge instructions and other evidence that demonstrates the extent of your injuries. It is essential to get these records as soon as you can, and also provide copies to your healthcare professionals.

Another form of evidence your lawyer could use is a deposition, which is an out-of court testimony delivered under oath and transcribed by a court reporter. The lawyer can utilize the testimony to prove that your injuries have an immediate and predicable connection to the accident, which helps justify requesting compensation for your losses. Most of the evidence discussed above can be obtained at the site of the accident or shortly afterwards however some evidence may not be available until later in the litigation. This is why it's crucial to speak with a well-credentialed lawyer for car accidents as soon as you can, so they can begin the investigation while vital evidence is still in its most pure form.

2. The process of filing a complaint

After the dust has cleared and you've taken care of your injuries, you should seek legal advice from an experienced. A car accident attorney can provide the necessary expertise to help you get the most compensation for your claim.

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

This also triggers the discovery phase which allows both parties to exchange information and evidence related to their claims and defenses. The process can take a long time and requires both teams to go through a myriad of documents including police reports as well as witness statements, medical records, bills and much more. Each side can request interrogatories. These are a series questions which the other side has to answer under oath within a specified time frame.

During this stage, you lawyer will also collaborate with medical professionals to obtain an accurate picture of your injuries as well as the impact they've affected your life. Your attorney will calculate your total damages, which will include future and past medical expenses, lost 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 likely to be the case following the completion of discovery, but before trial. If the insurance company refuses to offer a fair settlement or if you've sustained significant losses that aren't covered by the insurance policy, the case may go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident case. This is the time when your attorney and the negligent insurer for the driver exchange information that can support or derail your claim. Your attorney will seek copies of all documents that support your case. These include police reports as well as medical bills and work loss documents from your employer (showing the length of time you missed due to the accident), photos of your vehicle and any damages or injuries, and other financial information. Your attorney may also employ written discovery tools such as interrogatories and requests for production to inquire into witnesses and other parties who are not present.

The written discovery tools are distributed back and forth between the attorneys on both sides. Written discovery tools allow the opposing party a chance to answer questions in writing that must be answered under oath and to provide copies of other information that could be helpful to you.

Your Long Island car accident attorney will also interview witnesses and anyone who has information about your injuries or damages which could be important to your case. In a deposition, the lawyer for the person who is at fault will ask you a series of questions, and your responses will be recorded on video or translated by a court reporter.

The goal of these pre-trial investigation procedures is to assist your lawyer to present an effective and convincing argument to the at-fault party and their insurer in order that you can get a full and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case however the majority of them will settle during or following the investigation process, which is usually concluded prior to the trial.

4. Trial

While the vast majority of car accident attorneys cases settle through negotiations outside of court, if you and the insurance company disagree about fault or how much compensation you are entitled to for your injuries, the case may go to trial. A trial is a formal proceeding where both parties are required to present their arguments and evidence to the factfinder, who makes an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any evidence supporting it like photos or videos of the accident scene, testimony from witnesses and medical professionals, and documents such as police reports and bills. You may also testify about your memories of the incident and how it impacted your life. Expert witnesses can also testify to back your assertions. The lawyer for the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

In a trial, the jury must determine if the plaintiff's injuries were the result of the defendant's negligence. They will consider proximate cause an intricate legal concept that lawyers will spend many hours studying in law school. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury is also required to decide how much compensation you're entitled to. This is a thorny issue depending on how severe your injuries are and the severity of your losses. Your lawyer will present evidence that includes expert witness testimony about the severity of your injuries, your loss of income and future earnings potential and your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Each state has a specific legal deadline, referred to as the statute of limitations, by which you must settle your claim or file a lawsuit. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you could be required to file a vehicle accident lawsuit in court. It can be expensive and time-consuming. However, it is often required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will be present at hearings and accident attorney participate in discovery (a formal procedure where both sides exchange information with the other). Your lawyer will also file legal documents referred to as motions asking the court for things like excluding certain types of evidence at trial. Settlement negotiations may continue throughout this process. A lot of car accident lawyer civil disputes are resolved prior to a trial.

If they believe that your injury claim is solid and that you are willing to go to trial insurance companies will make an acceptable settlement offer. Settlement is more efficient and less risky than a court trial.

It is essential to understand your injuries prior to an agreement. It is also important to have completed all medical treatments. If you sign a settlement before your doctor determines that you have reached maximum medical improvement (MMI) and you are not able to not receive additional compensation. You should also not sign the release until you've spoken with your lawyer and gained full understanding of your damages. Your lawyer will ensure you don't be denied compensation that is valuable. They will review your medical records as well as other documentation to ensure that you are entitled to all of the damages for which you qualify.