The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter in the event that the insurance company is unable to pay the amount you need to cover your injuries. This will outline all your economic damages, such as medical bills and lost wages, as well as non-economic damages like pain and suffering.

A judge or jury will then come to a decision. If they rule in your favor, they will award you damages and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is key to obtaining compensation for your injuries and losses. 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 like police reports.

Photographs of the scene of the accident might help your attorney establish what actually happened in the collision, accident lawsuits including the positions of both vehicles after impact, skid marks road debris and other evidence that is physical. Take down the names and contact information of any witnesses who witnessed the incident. It is crucial that witnesses corroborate the events that took place, as it can often happen that drivers will give contradictory statements that result in insurance companies refusing or denial of responsibility.

Medical records can also be utilized by your lawyer to prove the severity of your injury. They could include receipts, bills, lab results, diagnosis reports, discharge instructions, and other records. It is important to obtain these records as quickly as possible and provide copies to your healthcare providers.

A deposition is a different type of evidence your lawyer could utilize. It is a non-in court statement made under oath, which is then transcribed by a Court Reporter. The lawyer can use this evidence to prove your injuries had a direct, foreseeable link to the accident. This helps to justify the need for compensation. While the majority of the above kinds of evidence can be obtained at the scene or shortly afterward, some of them may not be accessible until later in the litigation process. This is why it's crucial to contact a reputable lawyer in the event of a car accident lawyer as soon as possible so that they can begin investigating while vital evidence is still in its most pure form.

2. Filing a Complaint

When the dust has cleared and you've taken care of your injuries, it's the time to seek professional legal advice. A car accident attorney will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

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

The discovery phase starts and allows both parties to share information regarding their defenses and claims. The process can be long and requires both parties to review many documents, including police reports, witness statements medical records, invoices and much more. Each side may ask for interrogatories, which are a series of questions that the other party must answer under oath within a set deadline.

During this stage, you lawyer will also work closely with doctors to gather the full picture of your injuries as well as the impact they've caused on your life. Your lawyer will estimate the total damages. This includes future and past medical expenses as well as lost wages, suffering and pain, and much more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver at the fault. This is likely to occur after the completion of the discovery process and prior to trial. If the insurance company refuses to settle the claim in a fair manner or if you have incurred substantial damages that aren't covered by the insurance policy, the case could be referred to trial. A judge or jury will make a decision on the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident in which your attorney and the negligent driver's insurance company exchange information that may assist or derail your claim. Your attorney will ask for copies of the documents supporting your case, including medical bills, police reports, work loss records (e.g., from your employer indicating how much time you missed work due to the accident) photographs of your vehicle, any injuries or damages as well as other financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories request for production, interrogatories and requests for admissions to interview witnesses and parties who are not in the case.

These tools for discovery in writing are circulated back and forth between attorneys for both sides. They give the opposing party an opportunity to reply to questions in writing, which need to be sworn to under oath, and to provide copies of certain documents and other information that could be helpful to your case.

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

The purpose of these pre-trial investigation procedures is to help your lawyer to present an effective and convincing argument to the responsible party and their insurer, so that you can secure an equitable and fair settlement for Accident Lawyers your losses, injuries and expenses. There is no assurance of a settlement in every case, but the majority of cases will settle during or following the investigation process, which is often concluded prior to the trial.

4. Trial

Trials are possible when you and the insurance provider disagree on fault or the amount you should receive for your injuries. A trial is an official proceeding where both parties present arguments and evidence before the factfinder, who makes an announcement to settle the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial your lawyer will present your version of events in your opening statements to the jury and any supporting evidence that you have, like photographs or videos of the accident scene, testimony from witnesses and medical professionals, and documents like medical bills and police reports. You may also testify on your memories of the incident and how it affected your life. Expert witnesses can also offer testimony to support your claims. The lawyer of the defendant may interrogate witnesses and object to the admissibility of evidence.

The jury will decide in the trial whether the plaintiff's injuries was caused by the defendant's negligence. They will look at proximate cause, a complicated legal concept that lawyers will spend many hours studying during law school. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you are entitled to. This is a more complicated matter due to the severity of your injuries and the severity of your losses. Your attorney will provide evidence which includes expert testimony regarding the severity of injuries as well as lost income and future earning potential, as well as your pain and suffering as well as impairment.

5. Settlement

Each state has a specific legal deadline, commonly referred to as the statute of limitations, that you must meet to settle your claim or bring a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you could have to file a car accident lawsuit in the court. This could be a lengthy process and costly, however it is usually required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal procedure where both sides exchange information with the other). Your lawyer will also file legal documents, referred to as motions asking the court for things like not allowing certain types of evidence at trial. Settlement negotiations can be ongoing throughout the entire process, and many civil disputes arising out of car accidents will end before a trial has to be held.

If they feel that your injury claim is solid and that you are willing to go to trial, insurance companies will make a fair settlement offer. The settlement process is also quicker and less risky than the court trial.

Before agreeing to a settlement, it is important to understand the extent of your injuries and that you have completed all medical treatments. It is possible to lose additional compensation if you accept the settlement before your doctor has determined that you have attained the level of medical improvement that is the highest. You should also not sign a release until you have consulted with your lawyer about your injuries. Your lawyer will ensure that you don't lose out on a significant amount of compensation. They will review your medical records as well as other documents to ensure that you receive all damages you are entitled to.