The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you need for your injuries, our tenacious attorneys will prepare a formal demand letter. This letter will detail all of your financial losses like medical expenses and lost wages as in addition to non-economic damages like pain and discomfort.

Then a jury or judge will make a decision. If they rule in your favor they will award you damages and the defendant must pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident might help your attorney establish what actually transpired in the collision, including the location of both cars following the collision, skid marks, road debris and other physical evidence. Record the names and phone numbers of any eyewitnesses that witnessed the incident. It is crucial to have witnesses corroborate the events that were actually happening, as it may often be the case that drivers offer contradictory accounts that lead to insurance companies refusing to accept or deny the responsibility.

Other evidence that your lawyer could utilize include medical records, which may include receipts, bills diagnose reports, lab results, discharge guidelines, and other evidence that proves the extent of your injuries. It is essential to get these records as quickly as you can and give copies to your healthcare providers.

Depositions are another form of evidence that your attorney could employ. It is an out-of court statement made under oath, and then translated by a court reporter. Your lawyer may use the testimony to prove that your injuries had a direct and foreseeable connection to the accident, which helps justify requesting compensation for your damages. The majority of the evidence listed above can be collected at the site of the accident or within a short time but some of it may not be available until much later in the litigation. This is why it's crucial to contact a reputable car accident lawyer as soon as possible, so that they can begin an investigation while the crucial evidence is in its most pure form.

2. Filing a Complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal advice from a professional. A lawyer who has handled car accidents can give you the experience to maximize your compensation.

The first step is to file a complaint with court, which details the specific claims that you are making and how much money you are seeking in damages. The document is usually 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 documents related to their defenses and claims. The process can be lengthy and requires both teams to review many documents, including police reports and witness statements and medical records, as well as bills and more. Each side can ask for interrogatories, which are a series of questions which the other party must answer under oath by a predetermined timeframe.

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

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver who is at fault. It is likely to be the case following the completion of discovery, but before trial. If the insurance company is unable to settle the claim in a fair manner or if you've suffered significant damages that are not covered by the insurance policy, the case could be referred 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 car accident lawsuit the attorney representing you and the insurance company exchange information that could assist or derail your claim. Your attorney will ask for copies of documents to support your claim. This includes police reports as well as medical bills and work loss records from your employer (showing the length of time you've missed due to the accident law firm (healthndream.com)) photographs of your vehicle damaged or injured and other financial details. Your attorney may also employ written discovery tools such as interrogatories and requests for production to inquire about parties and witnesses who are not present.

These documents are exchanged between attorneys on both sides. The written discovery tools give the opposing side a chance to answer questions in writing which must be answered under oath and to provide copies of other information that might be useful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information about your injuries or damages that could be crucial to your case. During a deposition, the attorney representing the at-fault party 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 assist your lawyer create a compelling argument against the person at fault and their insurer to secure an equitable settlement for all your injuries or losses, as well as expenses. Although there is no guarantee that all cases settle however, the majority settles at the end of or following the discovery process, which may be completed before your case reaches trial.

4. Trial

Trials are possible where you and the insurance company do not agree on fault or the amount of compensation you should receive for your injuries. A trial is an official proceeding in which both parties are required to argue their case and provide evidence before a factfinder who makes an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will explain your story in opening statements to the jury, and any supporting evidence you have, such as pictures or videos of accident scene, testimony from bystanders and medical professionals, as well as documents like medical bills and police reports. You may also offer your testimony regarding your memories of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The defendant's lawyer can interrogate witnesses and object to the admissibility of certain evidence.

The jury will decide during trial whether the plaintiff's injury was the result of the defendant's negligent behavior. They will examine proximate cause an intricate legal concept that lawyers will spend many hours studying during law school. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine how much damages you should receive. It's a difficult issue because it depends on the extent of your injuries and the extent to which you have suffered. Your lawyer will present your evidence including expert witness testimony regarding the severity of your injuries, your lost income, and future earnings potential as well as your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state sets a legal deadline, known as the statute of limitations, in which you must settle your claim or file a lawsuit. If your lawyer can't come to a deal with the insurance company, you may be required to start a lawsuit in the courtroom. It can be time-consuming and costly, however it is often required to seek compensation.

During this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which parties exchange information with the other side) and attend hearings. Your lawyer will also file legal documents, referred to as motions to request the court for specific things such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can go on throughout the process, and Accident law firm a majority of civil disputes in car accidents settle before a trial needs to be held.

If they believe that your claim is valid and you are willing to go to trial insurance companies will make a fair settlement offer. The settlement process is also faster and less risky compared to the court trial.

Before settling on a settlement, it is important to understand the extent of your injuries. You must also have completed all medical treatment. You could be denied additional compensation if settling a settlement until your doctor has confirmed that you have achieved the maximum medical improvement. You should also not sign a contract before you have consulted with your lawyer regarding your damages. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will review your medical records as well as other documents to ensure that you are entitled to all of the damages that you are entitled to.