The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount of money you need to cover your injuries, our determined lawyers will draft a formal demand letter. The letter will list all of your economic losses such as medical costs and lost wages as and non-economic losses such as discomfort and pain.

Then, a judge or jury will decide. If they rule in your favor they will give you damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving an accident in a car, proving negligence is vital to obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports including police reports and other official reports.

Your attorney might be able to establish what happened during the accident by taking photos of the scene, which include skid marks and road debris as well as other physical evidence. Also, keep track of the names and contact details of any eyewitnesses who saw what happened. It is important to have witnesses corroborate the events that were actually happening, as it may often be the case that drivers give contradictory accounts that lead to insurance companies refusing to accept or deny the responsibility.

Other evidence forms your lawyer could use include medical records, which could include bills, receipts and diagnosis reports, laboratory results, discharge instructions, and other evidence that proves the severity of your injuries. It is important to obtain these documents as soon as is possible and ensure that you send copies to your medical professionals.

Another form of evidence your attorney may use is a deposition, which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. Your lawyer can make use of this testimony to prove your injuries were a clear, identifiable connection to the accident. This will help justify requesting compensation. Most of the evidence mentioned above can be gathered at the scene of the accident or shortly afterwards however, some might not be available until later in the litigation. It is crucial to contact an attorney for car accidents with the appropriate credentials as soon as you can so they can begin an inquiry as evidence is in its purest form.

2. How to file a complaint

After the dust has settled and you've treated your injuries, it's the time to seek expert legal advice. A lawyer for car accidents can provide the expertise needed to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims that you have filed and the amount of money you're seeking in damages. This form is usually prepared by an attorney, and filed in court. It is also given to the defendant.

It also kicks off the discovery phase that allows both sides to exchange information and evidence that is related to their claims and defenses. The process can take a long time and both teams may require a thorough review of documents, including police records and witness statements. They might also have to review medical documents and bills as well as other documents. Each side may request interrogatories. These are a series of questions which the other side must answer under oath within the specified timeframe.

In this phase your lawyer will work with medical professionals to ensure they have a complete picture of the extent of your injuries and the impact they've affected your daily routine. Your lawyer will calculate the total damages. This will include past and upcoming medical expenses, lost wages, suffering and pain and suffering, and more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver at fault. It is likely to occur after the completion of the discovery process and prior to trial. If the insurance company refuses to provide a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, your case could go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is when your attorney and the negligent insurance company of the driver share information that could either support or damage your claim. Your attorney will ask for documents that can support your case, such as medical bills, police reports, work loss records (e.g. an email from your employer that outlines how long you missed work due to the eureka accident lawsuit), photographs of your vehicle as well as any damage or injuries as well as other financial information. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to inquire about parties and witnesses who are not present.

These tools for discovery are exchanged between attorneys on both sides. They give the opposing side an opportunity to reply to questions in writing, which must be answered under oath and to provide copies of certain documents or accident attorney other data which could be beneficial to your case.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident as well as anyone with information on your injuries or damages that could be important to your case. During a deposition the lawyer representing the party at fault will ask you questions and your responses are recorded on video by a court reporter or transcribing.

The purpose of these pretrial investigation processes is to enable your lawyer to present an effective and convincing argument against the at-fault party as well as their insurance company so that you can get an equitable and fair settlement for your losses, vimeo injuries and expenses. There is no guarantee of a settlement in every case but most will settle during or following the investigation process, which is often done prior to trial.

4. Trial

Trials are possible in cases where you and the insurance company are not in agreement on fault or the amount of compensation you should be awarded for your injuries. A trial is an official process in which both parties present arguments and evidence before a factfinder who makes an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will be able to present your version of events in opening statements to the jury together with any evidence you may have, such as photographs or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents like police reports and medical bills. You can also provide testimony regarding your memory of the incident and how it has affected your life. Expert witnesses can also testify to support your claims. The lawyer for the defendant can cross-examine the witnesses and object to the admissibility of evidence.

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

A jury must also determine how much damages you should receive. It's also a complex issue because it is contingent on the degree of your injuries and the degree to which you've suffered. Your lawyer will provide evidence including expert testimony regarding the severity of injuries, lost income and future earning potential, as well your pain and suffering and impairment.

5. Settlement

Each state establishes a legal deadline, known as the statute of limitations, that you must meet to settle your claim or bring a lawsuit. If your lawyer can't reach a settlement with the insurer, you might have to make a court filing. It can be costly and time-consuming, however it is often necessary to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which each side exchanges information with the other). Your lawyer will also file legal documents known as motions to request the court to consider the exclusion of certain types of evidence at trial. Settlement negotiations may continue throughout this process, and many civil disputes arising from car accidents end before a trial needs to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is solid and that you are willing to go to trial. Additionally the settlement process is more efficient and less risky than a trial.

Before settling the settlement, it's crucial to fully comprehend the extent of your injuries and that you have completed all medical treatment. If you sign a settlement before your doctor determines that you have reached your maximum medical improvement (MMI), you could miss out on additional compensation. Also, you should not sign a contract before you have spoken with your lawyer about the damages. Your lawyer will make sure that you do not get a poor deal on compensation. They will review your medical records as well as other documentation to ensure that you are entitled to all of the damages you are entitled to.