The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount of money you require for your injuries, our hard-working lawyers will draft a formal demand letter. This will list all your financial damages such as medical bills and lost wages, and non-economic damages like pain and suffering.

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

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is the most important aspect to obtain compensation for your losses and injuries. Gathering evidence is one of the initial steps in the litigation process. it involves collecting documents, photographs, witness testimony, lawsuit and official reports like police reports.

Photographs of the scene of the accident lawsuits may help your attorney establish what actually happened in the accident, including the position of both vehicles after impact, skid marks road debris and other physical evidence. Record the names and contact numbers of any witnesses who saw what transpired. It is essential that witnesses who can confirm the events that took place, as it can often be the case that drivers provide contradictory stories that lead to insurance companies refusing or denial of responsibility.

Medical records can also be used by your lawyer to establish the severity of your injury. They could include receipts, bills and lab results, diagnose reports, discharge instructions, and other records. You should seek these documents as soon as you can, and make sure to provide copies to your healthcare professionals.

Another type of evidence that your lawyer could employ is a deposition which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. Your lawyer may make use of the testimony to prove that your injuries have had an immediate and predicable connection to the accident which can help justify compensation for your losses. Most of the evidence discussed above can be collected at the site of the crash or shortly after but some of it may not be available until later in the legal process. It's important to contact a lawyer for car accidents with the appropriate credentials immediately so that they can begin an investigation as evidence is in its purest form.

2. Making a complaint

Once the dust has sunk and you've taken care of your injuries, it's the time to seek professional legal advice. A car accident attorney can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint with court, which details the specific claims that you are 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 is also served to the defendant.

The discovery phase starts by allowing both parties to exchange information regarding their defenses and claims. The process can take a considerable time, and both teams will need to review a lot of documents, including police records and witness statements. They might also have to review medical records or bills, as well as other documents. Each side can require interrogatories. These are a set of questions that each party must answer under oath within a specified date.

Throughout this process the lawyer will work with medical professionals to ensure they have a complete picture of the severity of your injuries and the impact they've affected your daily routine. Your attorney will calculate your total damages. This will include any future medical expenses as well as lost wages, pain and suffering and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver at fault. This is most likely to be the case following the completion of discovery, but before trial. However, if the insurance company is unable to settle the claim in a fair manner or if you've incurred significant damage that is not covered by the insurance policy, your case could be referred to trial. A judge or lawsuit jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and the negligent insurance company of the driver share information that could either support or derail your claim. Your attorney will ask for documents that can support your case, such as medical bills, police reports and work loss records (e.g. an email from your employer which reveals how long you missed work due to the accident) photos of your vehicle, any damage or injuries or other pertinent financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

The written discovery tools are distributed back and forth between attorneys for both sides. They give the opposing side the chance to respond to questions in writing, which have to be answered under oath and to supply copies of certain documents and other information that could be useful to your case.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the collision as well as anyone who has information about your injuries or damage that could be crucial to your case. During a deposition attorney representing the at-fault party will ask you various questions, and your responses will be recorded on video or transcribing by a court reporter.

The goal of these pretrial investigation processes is to allow your lawyer to construct an argument that is persuasive and strong against the at-fault party as well as their insurance company so that you are able to secure a fair and complete settlement for your losses, injuries and expenses. There is no guarantee of a settlement in every case however, the majority of cases will settle during or following the investigation process, which is typically done prior to trial.

4. Trial

The majority of car accident law firm cases are resolved through informal negotiations however, if you and your insurance company disagree about fault or the amount of compensation you should receive for your injuries, the case may go to trial. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder, who issues a decision that resolves the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the accident scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You may also offer your testimony about your memories of the incident and how it affected your life. Expert witnesses can also testify to back your assertions. The lawyer for the defendant may interrogate witnesses and contest the admissibility of specific evidence.

The jury will decide during trial whether the plaintiff's injuries was the result of the defendant's reckless behavior. They will consider proximate cause an intricate legal concept that lawyers have to spend many hours studying in law school. Proximate cause examines how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury must also decide how much compensation you should receive. This is another complicated issue depending on the severity of your injuries and the severity of your losses. Your lawyer will provide evidence which includes expert testimony about the severity of injuries that resulted in loss of income and earning potential, as well your pain and suffering and impairment.

5. Settlement

Every state has a deadline by which you can settle your claim or bring a lawsuit. This is referred to as the statutes of limitations. If your lawyer is unable to reach a settlement with the insurance company, you may be required to file a lawsuit in court. This can be time consuming and expensive, but it is usually necessary to pursue compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which each side exchanges information with one another). Your lawyer will also file legal documents known as motions that ask the court for certain things, such as excluding certain types of evidence at trial. Settlement negotiations can be ongoing throughout the process, and most civil disputes arising out of car accidents will end before a trial needs to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is legitimate and that you will be willing to take the case to trial. Additionally, the settlement process is more efficient and less risky for them than a trial.

It is crucial to fully understand the extent of your injuries prior to agreeing to an agreement. It is also important to have completed all medical treatments. If you accept a settlement before your doctor has determined you have reached maximum medical improvement (MMI), you could not receive additional compensation. Don't sign an agreement until you have met with your lawyer and received an understanding of all damages. Your attorney will ensure that you do not get a poor deal on compensation. They will go through your medical records and other documents to ensure that you are entitled to all of the compensation you're entitled to.