The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount you need to cover your injuries, our persistent attorneys will prepare a formal demand letter. It will detail all your financial losses including medical expenses and lost wages, and non-economic damages, such as suffering and pain.

Then a judge or jury will take a call. If they make a decision in your favor, you will be awarded damages. In addition, the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving an accident in a car, proving negligence is crucial to obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports, Accident Lawsuit such as police reports, and other official reports.

Photographs of the scene of the accident could aid your lawyer in determining 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 were present to witness the events. Witnesses who testify to corroborate your account of the events is essential as it could be common for drivers to have contradictory reports of what happened, which results in insurance companies refusing to accept the claim, or even deny responsibility altogether.

Other forms of evidence your lawyer might use include medical records. These could include bills, receipts diagnostic reports, lab results, discharge guidelines, and other documentation that demonstrate the extent of your injuries. It is essential to get these records as soon as you can and send copies to your healthcare professionals.

Another form of evidence your lawyer could employ is a deposition which is an out-of-court testimonies given under oath and recorded by a court reporter. The lawyer can use the testimony to prove that your injuries have had an immediate and clear connection to the accident and can be used to justify compensation for your losses. The majority of the evidence listed above can be gathered at the scene of the crash or shortly after however some evidence may not be available until later in the legal process. It's crucial to speak with a lawyer for car accidents with the appropriate credentials as soon as you can to start an inquiry as evidence is in its purest form.

2. Making 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 for car accidents can provide the expertise needed to help you get the most compensation for your claim.

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

This also begins the discovery phase, which allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a long time and requires both parties to look over a number of documents, including police reports as well as witness statements and medical records, as well as bills and more. Both sides can request interrogatories. These are a series of questions which the other side must answer under oath within the specified timeframe.

Throughout this process the lawyer will work with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they have had on your daily life. Your attorney will calculate your total damages. This will include past and upcoming medical expenses and lost wages, as well as pain and suffering and more.

Sometimes, your lawyer may be able to reach an agreement with the at-fault driver's insurance company. This is most likely to occur following the conclusion of the discovery process and prior to trial. If the insurance company refuses 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 in the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit, where your attorney and the negligent driver's insurance company exchange information that may assist or derail your claim. Your attorney will seek copies of all documents to support your claim. This includes police reports medical bills, as well as work loss documents from your employer (showing the length of time you've missed because of the accident) photos of your vehicle and any damages or injuries and financial information. Your attorney may also employ written discovery tools like interrogatories or requests for production as well as requests for admissions to question witnesses and parties who are not part of the case.

These tools for discovery are shared 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. They also ask you to provide copies of other information which could be useful to you.

Your Long Island car accident attorney will also depose witnesses as well as any other person with information about your injuries or damages that could be essential to your case. During a deposition the lawyer representing the at-fault party will ask you questions, and your answers will be recorded on video by the court reporter or translated.

The purpose of these pre-trial investigation procedures is to enable your lawyer to build an argument that is persuasive and strong to the party at fault and their insurer so that you are able to secure a fair and complete settlement for your injuries, losses and expenses. Although there is no guarantee that all cases will settle but the majority settle at the end of or following the discovery process, which can often be completed before your case is brought to trial.

4. Trial

The majority of car accident cases settle through negotiations outside of court, if you and the insurance company disagree about fault or the amount you are entitled to for your injuries, your case may be heard in a trial. A trial is an official process in which both parties argue and present evidence to the factfinder, who makes an decision on how to resolve 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, testimony from witnesses and medical professionals, as well as documents such police reports and bills. You can also testify about your memory of the incident and how it impacted your life. Expert witnesses will also provide testimony to support your assertions. The lawyer representing the defendant can interrogate witnesses and object to the admissibility of evidence.

The jury will determine at trial whether the plaintiff's injuries was caused by the defendant's negligent behavior. They will be looking at the proximate causality, a nebulous legal concept that law students will spend hours studying. Proximate cause looks at how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. It's also a complex issue due to the severity of your injuries and the degree to which you've suffered. Your attorney will present your evidence which includes expert testimony from a witness regarding the severity of your injuries, the loss of income and future earnings potential in addition to your pain and suffering, disfigurement, and impairment.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations, that you must meet to settle your claim or bring a lawsuit. If your lawyer can't negotiate a settlement with the insurer, you might have to start a lawsuit in the courtroom. It's costly and time-consuming, however it is usually required to obtain compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a process formal where both sides exchange information with the other). Your lawyer will also file legal documents referred to as motions that ask the court for specific things such as the exclusion of certain kinds of evidence during trial. Settlement negotiations can continue during this process. Many car accident civil disputes are settled before trial is required.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is solid and that you'll be willing to take the case to trial. The settlement process is also faster and less risky than a court trial.

It is essential to fully understand the extent of your injuries prior to agreeing to a settlement. You must have completed all medical treatments. You could lose out on additional compensation if you agree to a settlement until your doctor has determined that you have attained the point of maximum improvement. Additionally, you should not sign the release until you've met with your lawyer and received full understanding of your damages. Your attorney will ensure that you do not get a poor deal on compensation. They will review your medical records, as well as other documents, to ensure that you receive all the damages you are entitled to.