The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount you need to cover your injuries, our tenacious lawyers will draft an official demand letter. This letter will provide a detailed description of your economic losses such as medical costs and lost wages, as also non-economic damages such as pain and discomfort.

Then, a judge or jury will then make a decision. If they rule in your favor they will give you damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence and liability is the most important aspect to obtain compensation for your injuries and accident Law firm 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 law firms might help your attorney establish what actually transpired during the crash, including the position of both cars following the collision, skid marks, road debris and other physical evidence. Also, keep track of the names and contact information of any eyewitnesses who witnessed what occurred. It is essential that witnesses corroborate the events that took place, as it can often be the case that drivers offer contradictory accounts that lead to insurance companies refusing to accept or deny responsibility.

Medical records can also be used by your lawyer to demonstrate the severity of your injuries. These documents may include receipts, bills and lab results, diagnose reports, discharge instructions and other documentation. You should seek these documents as soon as you can and be sure to give copies to your healthcare providers.

A deposition is a different type of evidence your lawyer can use. It is a non-in court testimony under oath, and then recorded by a Court Reporter. Your lawyer may make use of the testimony to prove that your injuries have an immediate and predicable connection to the crash and can be used to justify compensation for your damages. Most of the evidence discussed above can be gathered at the scene of the accident or within a short time but some of it may not be available until much later in the litigation. This is why it's important to speak with a well-credentialed car accident lawyer as soon as possible so that they can begin investigating while vital evidence is still 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 guidance from an expert. A lawyer from a car accident can offer you the knowledge to maximize your compensation.

The first step is to file a complaint in court, which outlines the specific claims that you have filed and the amount of money you're seeking in damages. The document is usually written by an attorney, and filed in court. It will also be served to the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence related to their defenses and claims. The process can take a long time and both teams will need to review a lot of documents, accident Law firm including police reports and witness statements. They might also have to examine medical records or bills, as well as other documents. Both sides can request interrogatories. They are a set of questions that the other side has to answer under oath within the specified timeframe.

In this phase, your lawyer will also collaborate with doctors to gather a full picture of your injuries and the impact they've caused on your life. Your lawyer will determine your total damages. This includes future and past medical expenses as well as lost wages, pain and suffering and more.

Your lawyer could be able to reach a settlement deal with the insurance company of the driver who is at the fault. It is likely to take place after the completion of discovery and prior to trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've incurred significant damages that are not covered by the insurance policy, the case could go to trial. 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 lawsuit involving a car accident in which your attorney and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will request documents that can support your case, such as medical bills, police reports, work loss records (e.g. documents from your employer showing how much time you missed work because of the accident) photographs of your car and any damage or injuries or other pertinent financial information. Your attorney could also make use of written discovery tools, such as interrogatories and requests for production to question witnesses and other parties who are not present.

These written discovery tools are used to exchange information between attorneys on both sides. The tools for writing discovery give the opposing side a chance to respond to questions in writing that must be answered under oath. It also allows you to provide copies or other information that might be useful to you.

Your Long Island car accident attorney will also question witnesses and anyone with information about your injuries or damages that could be important to your case. In a deposition, the attorney representing the at-fault party will ask you several questions, and your responses will be recorded on video or transcribing by a court reporter.

The goal of these pretrial investigation processes is to enable your lawyer to create an argument that is persuasive and strong to the responsible party and their insurer so that you can receive a fair and complete settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case however the majority of them do so after or during the investigation process, which is usually completed prior to the trial.

4. Trial

Trials are possible where you and the insurance company disagree on fault or the amount of compensation you are entitled to for your injuries. A trial is a formal process that involves both sides presenting arguments and evidence to a factfinder, who issues a decision which settles the dispute. In personal injury cases the factfinder is typically a jury.

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

The jury will decide in the trial whether the plaintiff's injuries was the result of the defendant's reckless behavior. They will be looking at proximate causes, a complex legal concept that law students spend hours studying. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury is also required to determine how much damages you will be awarded. It's also a complicated issue because it is contingent on the extent of your injuries and the degree to which you've suffered. Your lawyer will present your evidence including expert testimony from a witness regarding the severity of your injuries, your loss of income, and your future earnings potential as well as your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state has a specific legal deadline, commonly referred to as the statute of limitations in which you must settle your claim or start a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you may need to file a car accident lawsuit in the court. It's costly and time-consuming, but this is often necessary to seek compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal process in which parties exchange information with the other side) and will attend hearings. Your attorney will also make legal filings, also known as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations may continue throughout this process. A majority of car Accident Law Firm civil disputes are resolved before trial is required.

If they feel that your injury claim is legitimate and you are willing to go to trial insurance companies will make an acceptable settlement offer. Settlement is quicker and less risky than an in-court trial.

It is essential to fully understand your injuries before you agree to a settlement. It is also important to have completed all medical treatments. If you agree to a settlement prior to your doctor determining that you have reached your maximum medical improvement (MMI) and you are not able to miss out on additional compensation. You should also not sign a settlement agreement before you have consulted with your lawyer about the damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will carefully examine your medical records as well as other documents to ensure that you receive the total amount of damages to that you are eligible.