The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter if the insurance company refuses to pay the amount you're entitled to for your injuries. The letter will list all of your economic damages like medical expenses and lost wages, as well as non-economic damages such as pain and discomfort.

A jury or judge will then make a ruling. If they decide in your favor they will give you damages and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving liability and negligence is crucial to get compensation for your losses and injuries. Collecting evidence is one the initial steps in the litigation process. it requires gathering documents such as photographs, witness testimony as well as official reports such as police reports.

Your attorney may be able to determine the circumstances of the accident by taking photos of the scene, which include skid marks road debris, skid marks and other physical evidence. Record the names and phone numbers of any eyewitnesses that witnessed the events. Witnesses who testify to corroborate your version of events is important as it could be common for drivers to have contradictory stories of what happened. This leads to insurance companies refusing to accept the claim, or even deny responsibility altogether.

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

A deposition is another form of evidence that your attorney might employ. It is a non-in court statement made under oath, and then translated by a court reporter. Your lawyer can use this testimony to establish your injuries have an immediate, obvious connection to the accident. This helps to justify seeking compensation. Although the majority of the above kinds of evidence can be obtained at the scene or shortly thereafter but some of the evidence might not be accessible until later in the litigation process. This is why it's vital to speak with a well-credentialed car Accident Attorneys lawyer as quickly as you can so that they can begin the investigation when the evidence is in its most pure form.

2. Making a complaint

After the dust has settled and you've treated your injuries, it's time to seek legal advice from a professional. A lawyer who has handled car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims you have filed and how much money you are seeking in damages. This document is typically drafted by your attorney, and then filed with the court and served on the defendant.

This also begins the discovery phase which allows both sides to exchange information and evidence related to their defenses and claims. The process can be long and requires both teams to go through a myriad of documents including police reports witnesses' statements, police reports medical records, bills and much more. Each side can request interrogatories. These are a series of questions that the other side has to answer under oath within the specified timeframe.

During this stage, you lawyer will also collaborate with medical professionals to obtain a full picture of your injuries and the impact that they've had on your life. Your attorney will calculate your total damages, which will include the past and future medical costs as well as lost earnings, pain and suffering, and more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver at the fault. This is more likely to happen following discovery, but before trial. If the insurance company doesn't agree to a fair settlement or if the damages are important and not covered by insurance, then you could need to go to trial. A judge or jury will decide on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident, accident attorneys where your attorney and the insurance company of the negligent driver company exchange information that could assist or derail your claim. Your attorney will ask for accident Attorneys copies of documents to support your claim. These documents include police reports, medical bills and work loss records from your employer (showing how much time you were absent due to the accident), photos of your vehicle as well as any injuries or damages and other financial details. Your attorney can also make use of written discovery tools, such as interrogatories and requests for production to question witnesses and witnesses who are not present.

These documents are exchanged between attorneys from both sides. They provide the opposing party an opportunity to reply to questions in writing, which have to be answered under oath, and to supply copies of certain documents or other data that may be relevant to your case.

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

These pretrial investigation processes are designed to help your lawyer construct a compelling case against the person who is at fault and their insurer to secure an equitable settlement for all of your damages and losses, costs and expenses. Although there is no guarantee that every case will settle but the majority settle during or after the discovery process, which is often be completed before the trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations, if you and the insurance company aren't in agreement on the cause or the amount of compensation you should receive 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 a factfinder who will make an decision on how to resolve the dispute. In personal injury cases the factfinder is typically a jury.

During the trial, your lawyer will present your version of events in your opening statements to the jury, together with any evidence that you have, like pictures or videos of accident scene, testimony from people who witnessed the accident and medical professionals, and documents such as medical bills and police reports. You can also give your testimony regarding your memory of the incident and how it impacted your life. Expert witnesses can also testify to support your assertions. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

In a trial, the jury must decide if the plaintiff's injuries were the result of the defendant's negligence. They will look at the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury is also required to determine how much damages you're entitled to. It's a difficult matter because it is based on the severity of your injuries as well as the extent to which you've suffered. Your lawyer will present evidence which includes expert testimony about the severity of your injuries loss of income, future earning potential, in addition to the extent of your 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 bring a lawsuit. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you could be required to file a vehicle accident law firms lawsuit in court. It can be expensive and time-consuming, however it is often necessary to get compensation.

During this process during this process, your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and will attend hearings. Your lawyer will also make legal filings, also known as motions, asking the court to take actions like exclude certain types of evidence from trial. Settlement negotiations may continue throughout the process, and a lot of civil disputes arising out of car accidents will end before a trial can be held.

If they believe your injury claim is valid and you are willing to go to trial Insurance companies will offer an appropriate settlement offer. The settlement process is also more efficient and less risky than an in-court trial.

It is essential to fully understand your injuries prior to an agreement. It is also important to have completed all medical treatment. If you accept a settlement before your doctor determines that you have reached your maximum medical improvement (MMI) and you are not able to miss out on additional compensation. Don't sign a release until you have spoken with your lawyer and received full understanding of your losses. Your lawyer will make sure that you don't miss out on valuable compensation. They will review your medical records, as well as other documents to ensure that you are entitled to all compensation you're entitled to.