The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if the insurance company refuses to pay you the amount you're entitled to for your injuries. It will detail 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 take a call. If they rule in your favor they will award you damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving liability and negligence is essential to receive compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the Kutztown Accident Law Firm could aid your lawyer in determining what actually transpired during the accident, including the position of both cars following the impact, skid marks, road debris and other evidence that is physical. Note down the names and contact numbers of any witnesses who were present to witness what happened. Witnesses who testify to corroborate your account of events is important, especially since it can be common for drivers to have conflicting reports of what happened, which causes insurance companies to refuse to accept the claim or denying the responsibility completely.

Medical records can also be utilized by your lawyer to prove the extent of your injury. These documents may include receipts, bills laboratory results, diagnosis reports, discharge instructions, and other documentation. You should get these records as soon as possible, and make sure to send copies to your healthcare professionals.

Another type of evidence your attorney could employ is a deposition which is an out-of court testimony delivered under oath, and then transcribed by a court reporter. Your lawyer could use the testimony to prove the fact that your injuries had a direct and foreseeable connection to the accident which can help justify the compensation you deserve for your damages. While most of the above-mentioned kinds of evidence can be obtained at the scene or shortly thereafter, some of them may not be accessible until later in the litigation process. This is why it's crucial to contact a reputable car accident lawyer as soon as you can so that they can begin investigating while vital evidence is still in its purest form.

2. Filing a Complaint

When the dust has cleared and you've taken care of your injuries, it's the time to seek legal advice from a professional. A car accident law firm attorney will provide the knowledge and expertise to help you get the most compensation for your claim.

The first step is filing an application with the court. This 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, vimeo and filed in court. It is also given to the defendant.

The discovery phase starts with both parties able to exchange information regarding their defenses and claims. The process can take a long time and requires both parties to go through a myriad of documents including police reports, witness statements medical records, invoices and much more. Each side can request interrogatories. These are a set of questions which the other side must answer under oath in the timeframe specified.

In this phase, your lawyer will also work closely with doctors to get the full picture of your injuries and the impact they've affected your life. Your lawyer will estimate your total damages. This will include past and upcoming medical expenses and lost wages, as well as suffering and pain and suffering, and more.

Sometimes, your lawyer may be able to negotiate an agreement with the at fault driver's insurance company. This is more likely after discovery and before the trial. However, if the insurance company is unable to provide a fair settlement or if you've sustained significant damages that are not covered by the insurance policy, the case could go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and the negligent driver's insurer exchange information that can support or derail your claim. Your attorney will ask for copies of documents to support your case. These include police reports, medical bills and work loss documents from your employer (showing how much time you missed due to the accident) photos of your vehicle damaged or injured as well as other financial data. Your attorney will also make use of written discovery tools like interrogatories, requests for production and requests for admissions in order to question witnesses and other parties who aren't present in the case.

These written discovery tools are used to exchange information between attorneys on both sides. The written discovery tools provide the opposing side a chance to answer questions in writing that must be answered under oath. They also ask you to provide copies of other information that might be useful to you.

Your Long Island car accident attorney will also interview witnesses and anyone who has information about your injuries or damages which could be important to your case. During a deposition, your lawyer representing the party at fault will ask you questions and your answers are recorded on video by a court reporter or transcribing.

The goal of these pre-trial investigation procedures is to allow your lawyer to present an effective and convincing argument to the at-fault party and their insurer, so that you are able to secure a full and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case however, most occur during or after the investigation process, which usually concluded prior to the trial.

4. Trial

Trials are possible where you and the insurance provider disagree regarding the fault of the other party or the amount you should receive for your injuries. A trial is a formal procedure where both sides present arguments and evidence to a factfinder, who makes a ruling 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, such as photos or videos of the scene witness testimony, statements from witnesses and medical professionals, and documents such as police reports and bills. You may also testify on your memories of the incident and how it impacted your life. Expert witnesses will also provide evidence to support your assertions. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of specific evidence.

At trial, the jury has to determine if the plaintiff's injuries were the result of the defendant's negligence. They will look at the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. This is a more complicated matter depending on the severity of your injuries and the extent of your losses. Your attorney will present your evidence that includes expert witness testimony on the severity of your injuries, your lost income and future earnings potential as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Every state has a legal deadline, commonly referred to as the statute of limitations by which you must settle your claim or file a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you might need to file a car accident lawsuit in the court. It's costly and time-consuming, but it is often necessary to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal process where each side exchanges information with the other). Your attorney will also file legal documents, known as motions, requesting the court to do things like exclude certain types of evidence from trial. Settlement negotiations can be ongoing throughout the entire process, and most civil disputes arising out of car accidents will end before a trial has to be held.

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

Before settling on an agreement, it's important to understand the extent of your injuries and completed all medical treatment. If you sign a settlement before your doctor determines that you have reached the maximum medical improvement (MMI) it is possible to not be eligible for additional compensation. Don't sign the release until you've talked to your lawyer and have a complete understanding of your losses. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will scrutinize your medical records as well as other documents to ensure that you are entitled to all the damages that you are entitled to.