The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount you need to cover your injuries, our tenacious attorneys will prepare a formal demand letter. This will include all of your financial damages like medical bills and lost wages, as well as non-economic damages like pain and suffering.

Then a judge or jury will then make a decision. If they make a decision to your advantage, you will be awarded damages. In addition, the defendant must pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving the negligence and liability is essential to receive compensation for your losses and injuries. The gathering of evidence is one of the first steps in the litigation process, and it requires gathering documents witnesses' testimony, photographs as well as official reports, such as police reports.

Photographs of the scene of the accident can assist your attorney in determining what actually happened in the collision, including the location of both vehicles after impact, skid marks, road debris and other physical evidence. Also, keep track of the names and Accident Law Firms phone numbers of any witnesses who were present at what happened. Witnesses who testify to corroborate your account of what transpired is vital, especially since it can be common for drivers to have conflicting versions of what transpired, which causes insurance companies to refuse to accept the claim or deny any responsibility at all.

Medical records can also be utilized by your lawyer in order to prove the severity of your injury. These records could include bills, receipts laboratory results, diagnosis reports, discharge instructions, and other records. It is important to obtain these records as quickly as you can and give copies to your medical professionals.

Depositions are another form of evidence your lawyer could make use of. It's an out-of court testimony given under oath, which is then transcribed by a Court Reporter. Your lawyer can utilize this testimony to prove that your injuries had an obvious, predicable connection to the accident. This will help justify the need for compensation. While the majority of these types of evidence are obtained at the scene or within a short time after but some of the evidence might not be available until later in the litigation process. It's crucial to speak with a car accident lawyer with the right credentials as soon as you can to begin an inquiry while the evidence is still in its most pure form.

2. Making a Complaint

When the dust has cleared and you've treated your injuries, it's the time to seek out legal counsel from an expert. A lawyer for car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint with the court. This document will outline your specific claims as well as the amount you'd like to recover in damages. This document is usually drafted by an attorney and then filed in the court. It will also be served to the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and documents related to their defenses and claims. The process can be very long and requires both teams to examine a variety of documents, including police reports witnesses' statements, police reports and medical records, as well as bills and more. Each side is able to request interrogatories. These are a set of questions that the other side must answer under oath within the timeframe specified.

Throughout this process your lawyer will work with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they have affected your daily routine. Your lawyer will then estimate the total damages you have suffered that will include the past and future medical costs loss of earnings, pain and suffering and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the responsible driver's insurance company. This will most likely be the case following the completion of discovery and prior to trial. However, if the insurance company refuses to provide a fair settlement or if you've incurred significant damages that are not covered by the insurance policy, your case could be referred to trial. A judge or jury will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident the attorney representing you and the insurance company exchange information that could assist or derail your claim. Your attorney will request copies of the documents to support your case. This includes police reports medical bills, work loss records from your employer (showing how much time you've missed due to the accident law firms, company website,) photographs of your vehicle damaged or injured and financial information. Your attorney will also use written discovery tools like interrogatories and requests for production, as well as requests for admissions to question witnesses and other parties who are not in the case.

The written discovery tools are distributed back and forth between the attorneys of both sides. They give the opposing side an opportunity to reply to questions in writing, which have to be sworn to in oath and to provide copies of certain documents or other information that may be relevant to your case.

Your Long Island car accident attorney will also interview witnesses and anyone with information about 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 responses will be recorded on video by an official court reporter or recorded.

The purpose of these pretrial investigation processes is to help your lawyer to create an effective and convincing argument to the party at fault and their insurance company so that you can secure an adequate and fair settlement for your injuries, losses and expenses. Although there is no assurance that all cases will settle, the majority do during or after the discovery process, which is often be completed prior to the time your case goes to trial.

4. Trial

Trials are possible in cases where you and the insurance provider disagree on the source of your fault or the amount you should receive for your injuries. A trial is a formal proceeding in which both sides present arguments and evidence before an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases the factfinder usually a jury.

During the trial, your lawyer will give your account of the events in your opening statements to the jury along with any supporting evidence you may have, such as photos or video of the accident scene, witness testimony from bystanders and medical professionals, and documents such as police reports and medical bills. You can also provide testimony regarding your memory of the incident and how it has changed your life. Expert witnesses are also able to testify in support of your claims. The defendant's attorney can cross-examine witnesses and challenge the admissibility of certain evidence.

At trial, the jury has to determine if the plaintiff's injuries were caused by the defendant's negligence. They will examine proximate causes, a complex legal concept that law students will spend hours studying. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you are entitled to. It's a difficult issue because it is contingent on the extent of your injuries and the extent to which you've suffered. Your lawyer will provide evidence, including expert testimony, regarding the severity of your injuries loss of income, future earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Each state has a specific deadline by which you can resolve your claim or file an action. This is referred to as the statute of limitations. If your lawyer cannot come to a deal with the insurer, you may have to start a lawsuit in the courtroom. It can be costly and time-consuming, however it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a process formal where both sides exchange information with one another). Your lawyer will also file legal documents known as motions that ask the court to consider excluding certain types of evidence during trial. Settlement negotiations can go on throughout the entire 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 make fair settlement offers if they believe that your injury claim is legitimate and you'll be willing to go to trial. Additionally, the settlement process is more efficient and less risky for them than a trial.

Before settling on a settlement, accident law Firms it is important to understand the severity of your injuries and that you have completed all medical treatments. If you accept a settlement before your doctor has determined you have reached the maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. You should also not sign a release until you have had a conversation with your lawyer and have full understanding of your damages. Your lawyer will ensure that you don't lose out on a significant amount of compensation. They will carefully review your medical records as well as other documents to make sure that you receive the entire amount of damages for which you are eligible.