The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter in the event that the insurance company refuses to provide you with the amount you need for your injuries. The letter will list all of your economic damages such as medical costs and lost wages as in addition to non-economic damages such as discomfort and pain.

A jury or judge will then make a ruling. If they decide in your favor, they will award you damages and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is key to obtaining compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports like police reports, and other official reports.

Your lawyer may be able to determine what happened in the accident by taking photographs of the scene, including skid marks and road debris as well as other physical evidence. Note down the names and contact numbers of any witnesses who were present to witness the incident. Witnesses that testify to support your account of the events is essential, especially since it can be common for drivers to have conflicting accounts of what happened that leads to insurance companies refusing to accept the claim or deny the responsibility completely.

Medical records can also be used by your lawyer to establish the extent of your injury. These records could include bills, receipts laboratory results, diagnosis reports, discharge instructions, and other forms of documentation. It is essential to get these records as soon as you can and give copies to your healthcare professionals.

Depositions are another form of evidence your lawyer could utilize. This is an out-of court testimony given under oath and later transcribed by a Court Reporter. Your lawyer may use this testimony to establish your injuries were an obvious, predicable connection to the accident. This is a good argument to support requesting compensation. Most of the evidence mentioned above is available at the site of the crash or shortly after but some of it may not be available until later in the litigation. This is why it's vital to consult a highly-credentialed car accident lawyer as quickly as possible so that they can begin the investigation while vital evidence is still in its most pure form.

2. Filing a Complaint

After the dust has settled, and you've taken care of your injuries, seek legal advice from an experienced. A car accident attorney 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 details the specific claims you are making and the amount you are seeking in damages. This document is typically drafted by your attorney, and then filed with the court and served on the defendant.

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

In this stage the lawyer will work with medical professionals to ensure they have a complete understanding of the severity of your injuries as well as the impact they have had on your daily life. Your attorney will calculate the total damages. This includes future and past medical expenses and lost wages, as well as pain and suffering and more.

Sometimes, accident lawsuit your lawyer may be able to reach an agreement with the responsible driver's insurance company. This is more likely after discovery and before the trial. If the insurance company is unwilling to offer a fair settlement or if the damages are substantial and not covered by insurance, then you might have to go to trial. A judge or jury will make a final decision in the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit, where your attorney and the insurance company exchange information that may assist or derail your claim. Your attorney will ask for documents that can support your case, such as medical bills, police reports and work loss records (e.g. an email from your employer that outlines how much time you missed work because of the accident), photographs of your vehicle, any damage or injuries 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 question witnesses and parties who aren't present in the case.

These tools for writing discovery are exchanged between attorneys on both sides. They provide the opposing party a chance to respond to questions in writing, that must be answered under oath and to provide copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident and also any person who has information about your injuries or damages that could be relevant to your case. During a deposition attorney representing the at-fault party will ask you an array of questions and your responses will be recorded on video or transcribed by a court reporter.

These pretrial investigation processes are designed to help your lawyer develop a convincing argument against the person at fault and their insurance company in order to get an equitable settlement for all of your injuries or losses, as well as expenses. There is no assurance of a settlement in each case however, most do so after or during the investigation process, which is typically done prior to trial.

4. Trial

Trials are possible when you and the insurance company are not in agreement about who is at fault or the amount you should receive for your injuries. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder, who makes a decision which settles the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene or testimony from witnesses, medical professionals, documents like police reports and bills. You may also testify on your personal memories of the incident and how it affected your life. Expert witnesses can also offer evidence to support your claims. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

At trial, the jury will determine if the plaintiff's injuries were the result of the negligence of the defendant. They will look at the proximate causes, which is a complicated legal concept that law students will 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 will be awarded. This is a thorny issue depending on how severe your injuries are and the extent of your losses. Your lawyer will present your evidence, including expert testimony from a witness regarding the severity of your injuries, your loss of income and future earnings potential and your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations, where you have to settle your claim or make a claim. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you may be required to file a vehicle accident lawsuit in court. It can be time-consuming and costly, however it is usually required to seek compensation.

During this process the Long Island personal injury lawyer will participate in discovery (a formal procedure where parties exchange information with the other side) and attend hearings. Your lawyer will also file legal documents, referred to as motions to request the court for certain things, accident lawsuit such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can go on throughout the process, and most car quitman accident law firm civil disputes end before a trial can be held.

If they believe your injury claim is valid and you are willing to go to trial Insurance companies will offer an acceptable settlement offer. Settlement is quicker and less risky than the court trial.

Before settling on an agreement, it's crucial to fully comprehend the extent of your injuries. You must also have completed all medical treatments. If you agree to a settlement before your doctor has determined that you have reached the maximum medical improvement (MMI), you could not receive additional compensation. You should also not sign a release until you've talked to your lawyer and received a complete understanding of your damages. Your lawyer will ensure you don't miss out on valuable compensation. They will carefully review your medical records and other documentation to ensure that you receive the entire amount of damages to that you are eligible.