The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter in the event that the insurance company refuses to pay you the amount you require for your injuries. This letter will provide a detailed description of your economic damages such as medical costs and lost wages, as also non-economic damages such as pain and discomfort.

A jury or judge will then come to a decision. If they rule to your advantage, you will be awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident Attorneys, proving the negligence and liability is crucial to get compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports such as police reports, and other official reports.

Your lawyer may 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, note the names and contact numbers of any eyewitnesses who witnessed the incident. Having witnesses testify that corroborate your version of the events is essential 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 deny the responsibility completely.

Other evidence that your lawyer may use include medical records, which may include bills, receipts and diagnosis reports, laboratory results, discharge instructions, and other documentation that demonstrate the extent of your injuries. It is important to obtain these records as soon as possible and be sure to send copies to your healthcare providers.

Another form of evidence your attorney may make use of is a deposition which is out-of-court testimony given under oath and recorded by a court reporter. The lawyer can make use of the testimony to prove that your injuries have a direct and foreseeable connection to the accident which can help justify compensation for your damages. While the majority of the above types of evidence can be collected at the scene of the accident or shortly thereafter however, some evidence may not be accessible until later in the litigation process. It's important to contact a lawyer for car accidents with the appropriate credentials as soon as you can to start 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, seek legal guidance from an expert. A lawyer who has handled car accidents can offer you the knowledge to maximize your compensation.

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

This also initiates the discovery phase that allows both sides to exchange information and evidence related to their defenses and claims. The process can be lengthy and requires both sides to review many documents, including police reports and witness statements and medical records, as well as bills and much more. Each side may require interrogatories. These are a set of questions the other party must answer under oath within a set timeframe.

In this stage the lawyer will collaborate with medical professionals to ensure they have a complete picture of the extent of your injuries and the impact they have had on your daily life. Your attorney will calculate your total damages that include the future and past medical expenses as well as lost earnings, pain and suffering, and more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. It is likely to be the case following the completion of discovery and prior to trial. If the insurance company doesn't agree to an equitable settlement, or if the damages are significant and not covered by insurance, then you might have to go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident in which your attorney and the negligent driver's insurance company exchange information that could assist or derail your claim. Your attorney will request copies of the documents to support your case. This includes police reports, medical bills and work loss records from your employer (showing how much time you've missed because of the accident) photographs of your vehicle damaged or injured and other financial details. Your attorney will also make use of written discovery tools like interrogatories request for production, accident Attorneys interrogatories and request for admissions to question witnesses and other parties who are not part of the case.

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

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

The purpose of these pretrial investigation processes is to assist your lawyer to create an argument that is convincing and persuasive to the responsible party and their insurance company so that you can receive a fair and complete settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case however, the majority of cases do so after or during the investigation process, which is usually completed before the trial.

4. Trial

Trials are possible in cases where you and the insurance company are not in agreement on fault or the amount of compensation you should be awarded for your injuries. A trial is a formal process in which both sides are required to argue their case and provide evidence before a factfinder who will make an decision on how to resolve the dispute. In personal injury cases the factfinder is usually a jury.

During the trial the lawyer will give your account of the events in opening statements to the jury as well as any other evidence that you have, like photographs or videos of the accident scene, witness testimony from people who witnessed the accident attorneys and medical professionals, and documents like police reports and medical bills. You may also testify about your memory of the incident, and how it affected your life. Expert witnesses can also give evidence to support your assertions. The attorney representing the defendant may interrogate witnesses and contest the admissibility of specific evidence.

The jury will decide in the trial whether the plaintiff's injuries was the result of the defendant's negligence. They will consider the proximate cause, a complicated legal concept that law school students spend hours studying. Proximate cause examines how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine how much damages you are entitled to. It's also a complex issue because it is contingent on the extent of your injuries and the amount to which you've suffered. Your lawyer will present your evidence which includes expert witness testimony about the severity of your injuries, your loss of income, and your future earnings potential as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a time limit to settle your claim, or even file an action. This is referred to as the statutes of limitations. If your lawyer is unable to reach a settlement with the insurer, you could be required to file a lawsuit in court. This could be a lengthy process and expensive, but it is usually required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and take part in discovery (a process formal where both sides exchange information with the other). Your lawyer will also make legal filings, also known as motions, which ask the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can be ongoing during this process. Many car accident civil disputes are settled before a trial is necessary.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is strong and you'll be willing to go to trial. In addition, settlement is quicker and less risky for them than a trial.

It is vital to fully understand your injuries before you agree to the settlement. It is also important to have completed all medical treatments. It is possible to lose additional compensation if you accept a settlement until your doctor has confirmed that you have achieved the maximum medical improvement. It is also important not to sign a contract before you have spoken to your lawyer about your damages. Your lawyer will make sure that you don't lose out on a significant amount of compensation. They will review your medical records, as well as other documentation, to ensure that you are entitled to all damages for which you qualify.