The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount of money you need for your injuries, our persistent attorneys will prepare a formal demand letter. The letter will list all of your financial damages like medical expenses and lost wages as in addition to non-economic damages such as pain and discomfort.

Then a judge or jury will take a call. If they decide in your favor, they will be able to award you damages, and the defendant has to pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is the most important aspect to obtain compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports like police reports, and other official reports.

Photographs of the scene of the accident might help your attorney establish what actually transpired in the accident, including the position of both cars following the collision, skid marks, road debris and other physical evidence. Record the names and contact information of any witnesses who saw the events. It is essential that witnesses corroborate the events that were actually happening, as it may often be the case that drivers give contradictory statements that result in insurance companies refusing or denying liability.

Medical records can also be used by your lawyer to demonstrate the severity of your injury. These documents may include bills, receipts as well as lab results, diagnosis reports, discharge instructions, and other documents. You should get these records as soon as you can and be sure to give copies to your healthcare providers.

Another type of evidence your attorney might use is a deposition, which is out-of-court testimony given under oath, and then transcribed by a court reporter. Your lawyer may use the testimony to prove that your injuries had an immediate and obvious connection to the accident and, therefore, can justify the need for the compensation you deserve for your damages. Although the majority of the above types of evidence are gathered at the accident scene or within a short time after but some of the evidence might not be available until later in the litigation process. This is the reason it's essential to contact a reputable car accident lawyer as soon as possible, so that they can begin investigating while the crucial evidence is in its purest form.

2. Making a Complaint

Once the dust has settled and you have tended to your injuries, it's the time to seek out legal counsel from an expert. A car accident attorney can provide the necessary expertise 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 you're bringing and the amount you're seeking in damages. This document is usually drafted by an attorney, and filed in the court. It is also served to the defendant.

The discovery phase begins and allows both parties to exchange information about their claims and defenses. The process can take a considerable time and both teams may have to look over a variety of documents including police reports and witness statements. They might also have to examine medical records, bills, and other documents. Each side may ask for interrogatories, which are a series of questions that each party must answer under oath by a predetermined timeframe.

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

Your lawyer might be able to negotiate a settlement with the insurance company of the driver who is at fault. It is likely to occur after the completion of discovery and prior to trial. If the insurance company refuses a fair settlement, or if your losses are important and not covered by insurance, you may have to go to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit in which your attorney and the negligent driver's insurance company exchange information that could help or hurt your claim. Your attorney will request copies of documents that support your case, such as police reports, medical bills and work loss records (e.g. an email from your employer that outlines the amount of time you were absent from work due to the accident) photos of your vehicle, any damages or injuries or other pertinent financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to inquire into parties and witnesses who are not present.

These documents are used to exchange information between attorneys on both sides. They give the opposing party the opportunity to answer questions in writing, which have to be answered under oath, and to supply copies of certain documents or other information which could be beneficial to your case.

Your Long Island car accident (vimeo.com) lawyer will also conduct depositions of witnesses to the accident and any person who has information about your injuries or damages that could be relevant to your case. During a deposition at-fault party's lawyer will ask you several questions, and your answers will be recorded on video or transcribing by a court reporter.

These pretrial investigation processes are designed to help your lawyer build a compelling case against the at-fault person and their insurer in order to negotiate a fair settlement for all of your damages and losses, costs and expenses. Although there is no assurance that all cases will settle however, Accident the majority of cases settle either during or after the discovery process, which is often be completed before the case is brought to trial.

4. Trial

Although the majority of car accident cases settle through out-of-court negotiations however, if you and your insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, your case could go to trial. A trial is a formal hearing where both sides present arguments and evidence to a factfinder who issues a decision that settles the dispute. In personal injury cases, the factfinder is typically a jury.

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

At trial, the jury will decide if the plaintiff's injuries were the result of the negligence of the defendant. They will examine the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate causes considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you are entitled to. It's also a complicated issue because it is contingent on the degree of your injuries and the degree to which you've suffered. Your lawyer will present your evidence which includes expert witness testimony about the severity of your injuries, your lost income, and future earnings potential, as well as your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Each state has a deadline by which you can settle your claim or file an action. This is known as the statute of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, then you might have to file a car accident lawsuit in the court. It's costly and time-consuming, but it is usually required to obtain compensation.

During this procedure you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents known as motions asking the court to consider excluding certain types of evidence in trial. Settlement negotiations can go on throughout this process, and most car accident civil disputes end before a trial needs to be held.

If they believe that your claim is solid and you are willing to go to trial, insurance companies will make an acceptable settlement offer. Settlement is more efficient and less risky than a court trial.

Before settling on an agreement, it's essential to be aware of the severity of your injuries and have completed all medical treatment. You could be denied additional compensation if you agree to an offer of settlement until your doctor has determined that you have reached the point of maximum improvement. Also, you should not sign the release until you've met with your lawyer and received an accurate understanding of your damages. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will go through your medical records, and other documents to ensure that you are entitled to all the damages for which you qualify.