The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you require for your injuries, our determined attorneys will prepare an official demand letter. The letter will outline all of your financial damages such as medical expenses, lost wages, as well as non-economic damages such as discomfort and pain.

A judge or jury will then come to a decision. 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 lawsuit that involves an accident in the car, proving negligence is crucial to receive compensation for your injuries. Gathering evidence is among the first steps of the litigation process, and it requires gathering documents such as photographs, witness testimony, and official reports, such as police reports.

Your attorney may be able to determine what happened during the accident attorney by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Also, note the names and contact information of any eyewitnesses who witnessed the incident. Witnesses who testify that confirm your account of the events is essential particularly since it can be common for drivers to give contradicting versions of what transpired, which can lead to insurance companies refusing to accept the claim, or even deny responsibility completely.

Other types of evidence your lawyer could utilize include medical records. These could include bills, receipts diagnose reports, accident lawsuit lab results, discharge instructions and other evidence that demonstrates the severity of your injuries. You should obtain these records as quickly as you can and send copies to your medical professionals.

Another form of evidence your attorney might make use of is a deposition which is an out-of-court testimonies given under oath and transcribed by a court reporter. Your lawyer can use the testimony to establish that your injuries have an immediate and obvious connection to the crash and, therefore, can justify the need for compensation for your losses. Most of the evidence mentioned above can be obtained at the site of the crash or shortly after however, some might not be available until later in the litigation. It is crucial to contact an attorney for car accidents with the right credentials immediately to start an inquiry while the evidence is in its purest form.

2. The process of filing a complaint

After the dust has settled and you've taken care of your injuries, you need 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 in court, which lists the specific claims you're bringing and the amount of money you're seeking in damages. The complaint is typically written by your lawyer and filed with the court and served on the defendant.

The discovery phase begins and allows both parties to exchange information about their defenses and claims. The process can take a long time, and both teams will require a thorough review of documents, including police reports and witness statements. They might also need to examine medical documents, bills, and other documents. Each side can request interrogatories. These are a series of questions which the other side has to answer under oath in a specified time frame.

In this phase, your lawyer will also work closely with doctors to gather a full picture of your injuries and the impact that they've affected your life. Your lawyer will then calculate your total damages that will include the future and past medical expenses as well as lost earnings, pain and suffering and much more.

Sometimes, your lawyer might be able to reach a settlement with the at-fault driver's insurance company. This is more likely to occur following discovery and prior to trial. If the insurance company doesn't agree to an acceptable settlement, or if your damages are significant and are not covered by insurance, then you could have to go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an important phase in any car accident law firms case. This is where your attorney and negligent insurer for the driver exchange information that could support or damage your claim. Your attorney will ask for documents that can support your case, including police reports, medical bills, work loss records (e.g. documents from your employer which reveals how much time you missed work due to the accident) photographs of your vehicle as well as any injuries or damage and other financial information. Your attorney will also make use of documents for discovery in writing, such as interrogatories, requests for production and requests for admissions in order to question witnesses and other parties that are not in the case.

These written discovery tools are exchanged between attorneys on both sides. Written discovery tools allow the opposing side a chance to answer questions in writing, which must 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 lawyer will also depose witnesses to the accident, as well as any person who has information about your injuries or damages that could be relevant to your case. During a deposition lawyer for the person who is at fault will ask you a series of questions, and your responses will be recorded on video, or transcribed by a court reporter.

These pretrial investigation processes are designed to assist your lawyer create a compelling case against the at-fault person and their insurer in order to get an equitable settlement for all of your damages as well as losses, expenses and costs. There is no guarantee of a settlement in every case, but most do so during or after the investigation process, which usually concluded prior to the trial.

4. Trial

Trials can be arranged in situations when you and the insurance provider disagree on fault or the amount you should receive for your injuries. A trial is an official process where both parties are required to argue their case and provide evidence before an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any evidence supporting it, such as photos or videos of the scene witness testimony, statements from witnesses and medical professionals, or documents like police reports and bills. You may also testify about your memories of the incident and how it impacted your life. Expert witnesses can also give testimony to support your assertions. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's harm was the result of the defendant's reckless behavior. They will examine the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate causes considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. This is a complicated issue, as it depends on how severe your injuries are and the extent of your losses. Your attorney will present your evidence, including expert witness testimony about the severity of your injuries, the loss of income, and future earnings potential, as well as your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations, in which you must settle your claim or bring a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, then you might need to file a car accident lawsuit in court. It can be lengthy and expensive, yet it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where each side exchanges information with each other). Your lawyer will also file legal documents called motions to ask the court for certain things, such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue throughout this process. Many car accident civil disputes are settled before a trial is needed.

If they believe that your claim is valid and you are willing to go to trial the insurance company will offer an acceptable settlement offer. In addition, the settlement process is quicker and less risky for them than a trial.

Before settling on an agreement, it's crucial to fully comprehend the severity of your injuries and have completed all medical treatments. If you agree to a settlement before your doctor determines that you have reached maximum medical improvement (MMI) and you are not able to not receive additional compensation. Don't sign an agreement until you have met with your lawyer and have full understanding of your damages. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will carefully examine your medical records as well as other documents to make sure that you receive the total amount of damages for that you are eligible.