The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal letter of demand if the insurance company refuses to provide you with the amount you're entitled to for your injuries. This letter will provide a detailed description of your financial damages such as medical costs and lost wages as also non-economic damages such as discomfort and pain.

A judge or jury will then take a call. If they decide to your advantage, you will be awarded damages. In addition, the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in a car the proof of negligence is essential to obtaining compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports like police reports, and other official reports.

Your lawyer might be able to establish what happened during the accident by taking pictures of the scene, which include skid marks or road debris, as well as other physical evidence. Record the names and contact details of any witnesses who saw what transpired. Witnesses who testify that confirm your version of events is important, especially since it can be common for drivers to have conflicting stories of what happened. This causes insurance companies to refuse to accept the claim, or even deny responsibility completely.

Medical records can also be used by your lawyer to demonstrate the severity of your injuries. These documents may include bills, receipts laboratory results, diagnosis reports, discharge instructions and other documentation. You should obtain these records as soon as possible and ensure that you give copies to your medical professionals.

Another form of evidence that your attorney might employ is a deposition which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. The lawyer can use this evidence to prove your injuries were an immediate, obvious connection to the accident. This is a good argument to support the need for compensation. While most of the above-mentioned types of evidence can be obtained at the scene or within a short time after, some of it might not be accessible until later in the litigation process. This is why it's crucial to contact a reputable lawyer for car accidents as soon as possible, so that they can begin investigating when the evidence is in its most pure form.

2. The process of filing a complaint

When the dust has cleared and you've treated your injuries, it's time to seek professional legal advice. An attorney who has handled car accidents will provide the knowledge and expertise to help you get the most compensation for your claim.

The first step is to file a complaint with court, which lists the specific claims you're bringing and the amount you're seeking in damages. This document is typically drafted by your attorney, and then filed with the court and served on the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and evidence related to their defenses and claims. The process can be very long and requires both teams to look over a number of documents, including police reports, witness statements medical records, bills and more. Each side can request interrogatories. These are a series of questions which the other side must answer under oath within the specified timeframe.

Throughout this process your lawyer will work with doctors to ensure that they have a complete understanding of the extent of your injuries and the impact they've had on your daily life. Your attorney will then calculate your total damages that will include future and past medical expenses loss of earnings, suffering and pain and much more.

Sometimes, your lawyer may be able to reach an agreement with the at-fault driver's insurance company. This will most likely take place after the completion of discovery, but before trial. If the insurance company is unwilling to offer an acceptable settlement, or Accident attorneys if the damage is substantial and not covered by insurance, then you might be required to go to trial. A judge or jury will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident the attorney representing you and the insurance company of the negligent driver company exchange information that may support or damage your claim. Your attorney will seek copies of all documents to prove your case. These include police reports, medical bills and work loss records from your employer (showing the length of time you've missed because of the accident) photographs of your vehicle damaged or injured as well as other financial data. Your attorney may also employ written discovery tools like interrogatories request for production, interrogatories and requests for admissions in order to question witnesses and other parties that are not in the case.

These tools for discovery in writing are sent back and forth between attorneys from both sides. They give the opposing side an opportunity to reply to questions in writing, which need to be sworn to in oath and to provide copies of certain documents or other data which could be beneficial to your case.

Your Long Island car accident attorney will also interview witnesses and any other person with information about the damages or injuries you sustained that could be important to your case. In a deposition, the lawyer representing the person at fault will ask you questions and your answers could be recorded on video by an official court reporter or recorded.

These pre-trial investigation procedures are designed to assist your lawyer construct a compelling case against the person who is at fault and their insurer to obtain an equitable settlement for all your injuries as well as losses, expenses and costs. While there is no guarantee that every case will settle, the majority do either during or after the discovery process, which may be completed before the case goes to trial.

4. Trial

While the vast majority of car accident lawyer cases settle through out-of-court negotiations, if you and the insurance company do not agree on who is at fault or the amount of compensation you should receive for your injuries, the case may go to trial. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder, who makes 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 like photos or videos of the accident scene or testimony from witnesses, medical professionals, or documents like police reports and bills. You can also testify regarding your memory of the incident, and how it impacted your life. Expert witnesses can also testify to support your assertions. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of specific evidence.

In a trial, the jury will determine if the plaintiff's injuries were caused by the negligence of the defendant. They will look at the proximate causes, which is a complicated legal concept that law students have to spend hours studying. Proximate causes considers the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. It's also a complex issue because it is contingent on the severity of your injuries and the extent to which you've suffered. Your lawyer will present evidence including expert witness testimony on the severity of your injuries, your loss of income, as well as future earnings potential and your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Every state has a time limit by which you can settle your claim or file an action. This is referred to as the statute of limitations. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you could be required to file a vehicle accident lawsuit in court. It's costly and time-consuming, but this is usually required to obtain compensation.

During this procedure the Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents referred to as motions asking the court to consider the exclusion of certain kinds of evidence at trial. Settlement negotiations can continue throughout this process. A majority of car accident civil disputes are settled before a trial is needed.

If they believe that your injury claim is solid and you are willing to go to trial insurance companies will make an honest settlement offer. Additionally the settlement process is faster and less risky for them than a trial.

Before agreeing to the settlement, it's important to understand the severity of your injuries and have completed all medical treatments. If you sign a settlement before your doctor has determined you have reached the maximum medical improvement (MMI) it is possible to not be eligible for additional compensation. It is also important not to sign a release until you have spoken with your lawyer regarding your damages. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records and other documents to make sure that you receive the full amount of damages for which you are entitled.