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 provide you with the amount you're entitled to for your injuries. This will include all of your financial losses including medical expenses and lost wages, as well as other damages that are not economic, like pain and suffering.

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

1. Gathering Evidence

In a lawsuit involving an accident lawyers in a car, proving negligence is vital to receive compensation for your injuries. Gathering evidence is one of the first steps of the litigation process, and it requires gathering documents including photographs, witness statements as well as official reports such as police reports.

Photographs of the scene of the accident may help your attorney establish what happened during the collision, including the location of both cars following the impact, skid marks road debris and other evidence that is physical. Take down the names and contact numbers of any eyewitnesses that witnessed what transpired. It is crucial that witnesses confirm the events occurred, as it can often be the case that drivers give contradictory accounts that lead to insurance companies refusing or denial of the liability.

Other forms of evidence your lawyer may use include medical records, which can include bills, receipts diagnostic reports, lab results, discharge guidelines, and other evidence that proves the extent of your injuries. It is important to obtain these documents as soon as you can and be sure to send copies to your healthcare providers.

Another type of evidence that your attorney may make use of is a deposition which is out-of-court testimony given under oath, and then transcribed by a court reporter. Your lawyer may utilize the testimony to prove that your injuries have had an immediate and clear connection to the accident, which helps justify requesting compensation for your injuries. While the majority of the above types of evidence are collected at the scene of the accident or shortly afterward however, some evidence may not be accessible until later in the litigation process. It is essential to contact an attorney in the case of a car crash with the appropriate credentials immediately to start an inquiry while the evidence is still in its most natural form.

2. Filing a Complaint

Once the dust has sunk and you have tended to your injuries, it's time to seek professional legal advice. An attorney for car accidents will be able to provide the expert advice you require to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with court, which details the specific claims you have filed and the amount 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 initiates the discovery phase that allows both sides to exchange information and evidence related to their defenses and claims. The process can take a long time and both teams may have to look over a variety of documents, including police records and witness statements. They may also have to examine medical documents, bills, and other documents. Each side may request interrogatories. These are a series of questions that the other side has to answer under oath in the timeframe specified.

In this phase, your lawyer will also work closely with doctors to get an accurate picture of your injuries as well as the impact that they've affected your life. Your lawyer will then estimate your total damages that include the past and future medical costs and lost earnings, as well as pain and suffering, and more.

Sometimes, your lawyer may be able to reach a settlement with the at-fault driver's insurance company. This is more likely to happen following discovery and prior Accident Attorney to trial. If the insurance company is unwilling to offer a fair settlement or if the damage is significant and not covered by insurance, then you may be required to go to trial. A judge or jury will make a decision on the case based on all of the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that could support or damage your claim. Your attorney will request copies of the documents to prove your case. These include police reports as well as medical bills and work loss records from your employer (showing how much time you've missed due to the accident), photos of your vehicle and any damages or injuries and financial information. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and parties who are not present.

These discovery tools written in writing are distributed back and forth between attorneys for both sides. The tools for writing discovery give the other side an opportunity to respond to questions in writing that must be answered under oath. They also ask you to provide copies or other information that may be useful to you.

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

These pretrial investigation processes are designed to assist your lawyer build a compelling case against the person who is at fault and their insurer to secure a fair settlement for all your losses, injuries and losses, costs and expenses. There is no guarantee of a settlement in every case but the majority of them will settle during or following the investigation process, which is usually completed prior to the trial.

4. Trial

Although the majority of car accident cases settle through negotiations outside of court, if you and the insurance company do not agree on who is at fault or the amount of compensation you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal process where both sides submit arguments and evidence to a factfinder, who issues a decision that settles the issue. In personal injury cases the factfinder will usually be 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 witness testimony, statements from witnesses and medical professionals, and documents such as police reports and bills. You can also offer testimony regarding your recollection of the incident and how it has had an impact on your life. Expert witnesses can also provide testimony to support your assertions. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

At trial, jurors must determine if the plaintiff's injuries were caused by the defendant's negligence. They will look at proximate cause, a complicated legal concept that lawyers will spend many hours studying during law school. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. This is another complicated issue because it is contingent on how severe your injuries are and the severity of your losses. Your attorney will present evidence, including expert testimony, regarding the severity of injuries, lost income and future earning potential, in addition to your suffering and impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations by which you must settle your claim or make a claim. If your lawyer is unable to negotiate a settlement with your insurer, you may have to file a lawsuit in court. It can be expensive and time-consuming. However, it is often required to seek compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal process in which parties exchange information with the other side) and be present at hearings. Your lawyer will also make legal filings, also known as motions, requesting the court to do things such as excluding certain types evidence from trial. Settlement negotiations can continue during this process. Many car accident civil disputes are resolved before a trial is needed.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is solid and that you'll be willing to go to trial. In addition the settlement process is more efficient and less risky for them than a trial.

Before you agree to the settlement, it's important that you fully understand the extent of your injuries and completed all medical treatments. If you settle prior to your doctor determining that you have reached the maximum medical improvement (MMI) then you could not receive additional compensation. It is also important not to sign a release before you have consulted with your lawyer about the damages. Your lawyer will ensure that you don't get a poor deal on compensation. They will go through your medical records, and other documentation to ensure that you receive all damages you are entitled to.