The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter in the event that the insurance company is unable to pay the amount you require for your injuries. This will list all your financial damages such as medical bills and lost wages, as well as non-economic damages like suffering and pain.

Then a jury or judge will take a call. If they decide in your favor they will be able to award you damages, and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident, proving negligence is crucial to receiving compensation for your injuries. Collecting evidence is one the first steps in the litigation process, and it involves gathering documents including photographs, witness statements and official reports, such as police reports.

Photographs of the scene of the accident law firms might assist your attorney in determining what happened during the accident, including the position of both cars after collision, skid marks, road debris and other evidence that is physical. Note down the names and contact numbers of any witnesses who were present to witness the events. It is crucial to have witnesses to verify the events that occurred, as it can often happen that drivers offer contradictory accounts that lead to insurance companies refusing or denial of the liability.

Medical records can also be used by your lawyer to demonstrate the extent of your injury. They could include bills, accident law Firms receipts and lab results, diagnose reports, discharge instructions and other forms of documentation. You should get these records as quickly as you can and give copies to your medical professionals.

Another type of evidence that your attorney may make use of is a deposition which is an out-of court testimony delivered under oath and recorded by a court reporter. The lawyer can utilize this testimony to prove that your injuries have an obvious, predicable connection to the accident. This will help justify seeking compensation. The majority of the evidence mentioned above is available at the scene of the accident or within a short time, but some may not be available until later in the litigation. This is why it's important to contact a reputable car accident lawyer as quickly 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, it's best to seek legal advice from an experienced. A car accident lawyer can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint with court, which details the specific claims that you're making and the amount of money you are seeking in damages. This form is usually prepared by an attorney, and filed in the court. It will also be given to the defendant.

The discovery phase begins by allowing both parties to share information regarding their claims and defenses. The process can be very long and requires both parties to review many documents, including police reports witnesses' statements, police reports medical records, bills and much more. Both sides can request interrogatories. These are a set of questions that the other side has to answer under oath within the timeframe specified.

During this stage, you lawyer will also work closely with your doctor to get a full picture of your injuries as well as the impact they've affected your life. Your lawyer will estimate the total damages. This includes future and past medical expenses, lost wages, pain and suffering and more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver at the fault. This is more likely to occur following discovery, but before trial. If the insurance company doesn't agree to a fair settlement, or if your damages are important and not covered by insurance, then you might 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 a crucial phase in any car accident lawyers lawsuit the attorney representing you and the insurance company exchange information that may assist or derail your claim. Your attorney will ask for documents that can support your case, including police reports, medical bills and work loss records (e.g. the records from your employer which reveals the amount of time you were absent from work due to the accident) photos of your vehicle, any damage or injuries as well as other financial information. Your attorney may also use documents for discovery in writing, such as interrogatories and requests for production to inquire about 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 other side an opportunity to answer questions in writing that need to be answered under oath and to provide copies of other information that could be helpful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding your injuries or damages that could be crucial to your case. During a deposition, your lawyer representing the at-fault party will ask you questions and your answers could be recorded on video by an official court reporter or Accident law firms recorded.

These pretrial investigation processes are designed to help your lawyer build a compelling argument against the person at fault and their insurance company in order to negotiate a fair settlement for all your injuries or losses, as well as expenses. Although there is no guarantee that every case will settle but the majority settle at the end of or following the discovery process, which is often be completed prior to the time your trial.

4. Trial

Although the 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 you should receive for your injuries, the case may be heard in a trial. A trial is a formal process in which both parties present their arguments and evidence to a factfinder who makes a decision on how to settle the dispute. In personal injury cases the factfinder is usually a jury.

During the trial your lawyer will be able to explain your story in your opening statements to the jury together with any evidence you have, such as photographs or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You can also testify about your personal memories of the incident, and how it impacted your life. Expert witnesses are also able to testify in support of your assertions. The attorney for the defendant can interrogate witnesses and contest the admissibility of certain evidence.

In a trial, the jury must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will be looking at the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate causes focuses on the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. It's also a complex matter because it is based on the extent of your injuries and the extent to which you've suffered. Your attorney will provide evidence, including expert testimony, regarding the severity of injuries loss of income, 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, where you have to settle your claim or start a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, then you might have to file a car accident lawsuit in the court. It can be costly and time-consuming, but it is often necessary to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal process where both sides exchange information with the other). Your attorney will also make legal filings, also known as motions, asking the court to do things like exclude certain types of evidence from trial. Settlement negotiations can go on throughout the entire process, and most car accident civil disputes end before a trial is required to be held.

If they believe your injury claim is solid and you are willing to go to trial, insurance companies will make a fair settlement offer. Settlement is more efficient and less risky than an in-court trial.

It is essential to fully comprehend your injuries before you agree to the settlement. It is also important to have completed all medical treatment. You could lose out on additional compensation if you accept a settlement until your doctor has determined that you have reached the maximum medical improvement. You should also not sign a release until you've spoken with your lawyer regarding your damages. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will review your medical records and other documents, to ensure that you receive all the damages that you are entitled to.