The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount of money you require for your injuries, our persistent lawyers will draft a formal demand letter. It will detail all your economic damages like medical bills and lost wages, as well as non-economic damages, like pain and suffering.

Then a judge or jury will take a call. If they decide in your favor they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of 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 photographs, documents, witness testimony, official reports including police reports and other official reports.

Photographs of the scene of the accident law firms may aid your lawyer in determining what happened during the collision, including the location of both cars following the collision, skid marks, road debris, and other physical evidence. Also, note the names and contact numbers of any witnesses who were present at the incident. It is important to have witnesses corroborate the events that occurred, as it can often happen that drivers provide contradictory accounts that lead to insurance companies refusing or denying liability.

Other forms of evidence your lawyer may use include medical records. These could include receipts, bills, diagnosis reports, lab results, discharge guidelines, and other documents that show the severity of your injuries. You should obtain these records as soon as you can, and make sure to 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 testimony delivered under oath and transcribed by a court reporter. The lawyer can utilize the testimony to prove that your injuries have an immediate and predicable connection to the accident, which helps justify requesting compensation for your damages. The majority of the evidence mentioned above is available at the scene of the accident lawsuits or shortly afterwards but some of it may not be available until later in the legal process. This is why it's crucial to talk to a reputable car accident lawyer as quickly as possible so that they can begin the investigation when the evidence is in its most pure form.

2. Filing a complaint

After the dust has cleared and you've taken care of your injuries, you should seek legal advice from a professional. A car accident attorney can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is to file an application with the court. This document will outline your specific claims and the amount of money you want to recover in damages. This document is typically drafted by your lawyer and filed with the court, and then served to the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence pertaining to their claims and Accident law Firms defenses. The process can take a long time and requires both parties to examine a variety of documents, including police reports, witness statements medical records, bills and more. Each side may ask for interrogatories, which are a series of questions the other party must answer under oath within a set timeframe.

During this stage, you lawyer will also work closely with doctors to gather the full picture of your injuries as well as the impact that they've affected your life. Your attorney will calculate the total damages. This includes future and past medical expenses and lost wages, as well as the pain and suffering of others, and many more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver who is at fault. This will most likely occur after the completion of the discovery process and prior to trial. However, if the insurance company is unable to offer a fair settlement or if you've suffered significant losses that aren't covered by the insurance policy, your case may move forward to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident where your lawyer and the insurance company exchange information that may help or hurt your claim. Your attorney will ask for copies of documents to prove your case. These include police reports as well as medical bills and work loss documents from your employer (showing the amount of time you missed due to the accident), photos of your vehicle as well as any injuries or Accident Law Firms damages, and other financial information. Your lawyer will also make use of written discovery tools such as interrogatories or requests for production as well as request for admissions to question witnesses and other parties that aren't present in the case.

The written discovery tools are distributed back and forth between attorneys from both sides. Written discovery tools allow the opposing side a chance to respond to questions in writing, which must be sworn to under oath, and to provide copies of other information that might be helpful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the accident as well as any person who has information about your injuries or damages that could be relevant to your case. In a deposition, the lawyer for the person who is at fault will ask you a series of questions, and your answers will be recorded on video or translated by a court reporter.

The purpose of these pretrial investigation processes is to assist your lawyer to build a strong and compelling case to the party at fault and their insurer so that you can secure an adequate and fair settlement for your injuries, losses and expenses. While there is no assurance that all cases will settle however, the majority settles during or after the discovery process, which can be completed before your trial.

4. Trial

Trials are a possibility in situations where you and the insurance company do not agree on the source of your fault or the amount of compensation you are entitled to for your injuries. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder, who makes a decision which settles the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any supporting evidence like photos or videos of the accident scene as well as testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also testify about your personal memories of the incident and how it affected your life. Expert witnesses can also give testimony to support your claims. The lawyer of the defendant may cross-examine the witnesses and object to admissibility of some evidence.

The jury will determine at trial if the plaintiff's injury was the result of the defendant's reckless behavior. They will look at proximate cause an intricate legal concept that lawyers spend countless 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. 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 attorney will present evidence that includes expert testimony about the severity of injuries, lost income and future earning potential, in addition to your suffering and impairment.

5. Settlement

Each state has a deadline within which you can settle your claim or bring an action. This is known as the statutes of limitations. If your lawyer can't negotiate a settlement with the insurer, you could be required to make a court filing. It can be time-consuming and expensive, but it is usually necessary to pursue compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where both sides exchange information with each other). Your lawyer will also submit legal documents, referred to as motions, requesting the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout the process, and a lot of car accident civil disputes end before a trial has to be held.

If they believe that your injury claim is solid and you are willing to go to trial Insurance companies will offer a fair settlement offer. In addition, the settlement process is more efficient and less risky than a trial.

Before settling on an agreement, it is essential to be aware of the extent of your injuries and have completed all medical treatments. You may not receive additional compensation if you sign a settlement until your doctor has determined that you have reached the maximum level of improvement in your medical condition. You should also not sign a release before you have spoken to your lawyer regarding your damages. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will carefully review your medical records and other documentation to ensure that you receive the full amount of damages for which you are entitled.