The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount you require for your injuries, our tenacious attorneys will prepare an official demand letter. The letter will list all of your economic losses like medical expenses and lost wages, as also non-economic damages like pain and discomfort.

Then, a judge or jury will decide. If they decide in your favor, you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

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

Your lawyer may be able to determine what transpired in the accident by taking pictures of the scene, including skid marks road debris, skid marks and other physical evidence. Also, note the names and contact details of any witnesses who witnessed the incident. Witnesses who testify that confirm your version of what happened is crucial especially as it can be common for drivers to have contradictory versions of what transpired, which can lead to insurance companies refusing to accept the claim, or even deny responsibility completely.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injury. They could include bills, receipts as well as lab results, diagnosis reports, discharge directions and other records. It is important to obtain these records as soon as you can and send copies to your healthcare providers.

Another type of evidence that your attorney could make use of is a deposition which is an out-of-court testimonies given under oath and transcribed by a court reporter. Your lawyer could use the testimony to establish the fact that your injuries had an immediate and clear connection to the accident, which helps justify requesting compensation for your damages. While most of the above-mentioned kinds of evidence can be taken at the scene of the accident attorneys or shortly afterward however, some evidence may not be accessible until later in the litigation process. This is why it's vital to talk to a reputable lawyer in the event of a car accident as soon as possible so that they can begin an investigation when the evidence is in its most pure form.

2. Filing 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 car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with the court. The complaint will detail your specific claims and the amount of money you wish to recover in damages. The complaint is typically written by your attorney, and then filed with the court and served on the defendant.

This also triggers the discovery phase which allows both sides to exchange information and evidence related to their claims and defenses. The process can take a considerable time and both teams will require a thorough review of documents like police reports and witness statements. They might also need to review medical documents, bills, and other documents. Each side can request interrogatories. These are a set of questions which the other side has to answer under oath in an agreed upon timeframe.

Throughout this process the lawyer will collaborate with medical professionals to ensure they have a complete picture of the severity of your injuries and the impact they have affected your daily routine. Your attorney will calculate your total damages. This will include future and past medical expenses and lost wages, as well as pain and suffering and more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver who is at the fault. This will most likely be the case following the completion of discovery, but before trial. If the insurance company refuses an acceptable settlement, or Accident Lawsuit if the damages are significant and are not covered by insurance, you may be required to go to trial. A jury or judge will decide the case on the basis of all the evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that could support or damage your claim. Your attorney will request copies of documents that support your case, including police reports, medical bills and work loss records (e.g., from your employer indicating the amount of time you were absent from work because of the accident) photographs of your vehicle as well as any injuries or damage or other pertinent financial information. Your attorney could also make use of written discovery tools, such as interrogatories and requests for production to inquire about parties and witnesses who are not present.

These tools for discovery in writing are distributed back and forth between attorneys on both sides. They give the opposing party a chance to respond to questions in writing, which have to be answered under oath, and to provide copies of certain documents or other data that could be helpful to your case.

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

These pre-trial investigation procedures are designed to help your lawyer develop a convincing case against the at-fault person and their insurer to get an equitable settlement for all your losses, injuries as well as losses, expenses and costs. There is no assurance of a settlement in each case however, the majority of cases occur during or after the investigation process, which is typically concluded prior to the trial.

4. Trial

Trials can be arranged in situations when you and the insurance company are not in agreement regarding the fault of the other party or the amount you should receive for your injuries. A trial is a formal proceeding in which both sides present arguments and evidence before the factfinder, who makes a decision on how to settle the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial, your lawyer will give your account of the events in opening statements to the jury together with any evidence you have, including images or videos of the accident scene, witness testimony from bystanders and medical professionals, as well as documents like police reports and medical bills. You can also testify about your memory of the incident, and how it affected your life. Expert witnesses will also provide testimony to support your assertions. The lawyer for the defendant may cross-examine witnesses and challenge the admissibility of specific evidence.

The jury will decide during trial if the plaintiff's injury was the result of the defendant's negligent behavior. They will look at the proximate causes, which is a complicated legal concept that law students have to spend hours studying. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. This is another complicated issue depending on how severe your injuries are and the extent of your losses. Your lawyer will present evidence which includes expert testimony from a witness regarding the severity of your injuries, the loss of income, as well as future earnings potential in addition to your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Each state sets a legal deadline, commonly referred to as the statute of limitations, that you must meet to 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 may need to file a car accident lawsuit in court. This could be a lengthy process and costly, but it is usually necessary to pursue compensation.

During this procedure the Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and will attend hearings. Your lawyer will also file legal documents, known as motions, requesting the court to take actions like exclude certain types of evidence from trial. Settlement negotiations can continue throughout this process. Many car accident civil disputes are settled before a trial is needed.

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

Before settling a settlement, it is essential to be aware of the severity of your injuries. 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) and you are not able to not receive additional compensation. Don't sign a release until you have spoken with your lawyer and have full understanding of your damages. Your lawyer will make sure that you don't lose out on valuable compensation. They will go through your medical records, and other documentation, to ensure that you are entitled to all compensation you're entitled to.