The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal letter of demand if the insurance company is unable to pay the amount you need to cover your injuries. This letter will provide a detailed description of your economic losses like medical expenses and lost wages, as also non-economic damages such as pain and discomfort.

Then a jury or Accident lawsuit judge will decide. If they rule in your favor, they will be able to award you damages, and the defendant must pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident can help your attorney establish what actually transpired during the collision, including the positions of both cars after impact, skid marks road debris and other evidence that is physical. Record the names and contact information of any eyewitnesses that witnessed the incident. Witnesses who testify to corroborate your version of events is important, especially since it can be common for drivers to have conflicting accounts of what happened that results in insurance companies refusing to accept the claim or denying the responsibility completely.

Medical records can also be utilized by your lawyer in order to prove the severity of your injuries. These documents may include receipts, bills as well as lab results, diagnosis reports, discharge instructions and other documentation. It is important to obtain these documents as soon as you can and give copies to your medical professionals.

Another form of evidence your attorney may employ is a deposition which is an out-of court testimony delivered under oath, and then transcribed by a court reporter. The lawyer can utilize the testimony to prove that your injuries have an immediate and clear connection to the crash which can help justify the compensation you deserve for your damages. Most of the evidence discussed above can be obtained 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 important to talk to a reputable lawyer for car accidents as soon as possible, so that they can begin investigating while vital evidence is still in its most pure form.

2. How to file a complaint

Once the dust has settled and you've treated your injuries, it's the time to seek out legal counsel from an expert. A lawyer for car accidents can provide the necessary expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with court, which lists the specific claims that you're making and the amount you're seeking in damages. The document is usually written by an attorney and filed in the 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 considerable time, and both teams will require a thorough review of documents, including police records and witness statements. They might also need to examine medical documents, bills, and other documents. Each side can require interrogatories. These are a series of questions that the other party must answer under oath by a predetermined deadline.

Throughout this stage, your lawyer will also work with doctors to ensure that they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your lawyer will then estimate your total damages including the future and past medical expenses, lost earnings, pain and suffering and much more.

Your lawyer could be able to reach a settlement agreement with the insurance company of the driver at fault. This is more likely to happen following discovery and prior to trial. If the insurance company refuses a fair settlement, or if your damages are important and not covered by insurance, you may be required to appear in court. A jury or judge will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit where your lawyer and the insurance company exchange information that may assist or derail your claim. Your attorney will request copies of the documents to prove your case. This includes police reports as well as medical bills and work loss records from your employer (showing the amount of time you've missed because of the accident) photographs of your vehicle as well as any injuries or damages, and other financial information. Your lawyer will also make use of written discovery tools such as interrogatories request for production, interrogatories and request for admissions to question witnesses and other parties who aren't present in the case.

The written discovery tools are sent back and forth between attorneys for both sides. The written discovery tools provide the opposing party a chance to answer questions in writing that need to be answered under oath and to provide copies or other information that may be helpful to you.

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

The purpose of these pretrial investigation processes is to enable your lawyer to build an argument that is convincing and persuasive against the at-fault party as well as their insurance company so that you can receive an equitable and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases settle, the majority do at the end of or following the discovery process, which is often be completed prior to the time your case reaches trial.

4. Trial

Trials are a possibility in situations when you and the insurance company do not agree regarding the fault of the other party or the amount you are entitled to for your injuries. A trial is an official process in which both sides argue and present evidence to an impartial factfinder who takes a decision to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will give your account of the events in opening statements to the jury and any supporting evidence you may have, such as images or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You may also testify about your memory of the incident, and how it affected your life. Expert witnesses can also give evidence to back up your claims. The lawyer for the defendant may interrogate witnesses and contest the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's harm was the result of the defendant's negligent conduct. They will be examining proximate causes an intricate legal concept that lawyers spend many hours studying in law school. Proximate cause examines the relationship 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 as well as the amount to which you've suffered. Your attorney will present evidence which includes expert testimony regarding the severity of your injuries as well as lost income and future earnings potential, as also your pain and suffering as well as impairment.

5. Settlement

Every state has a legal deadline, known as the statute of limitations by which you must settle your claim or make a claim. 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 attorney lawsuit in court. 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 and take part in discovery (a process formal where each side exchanges information with one another). Your lawyer will also file legal documents called motions that ask the court for things like the exclusion of certain types of evidence during trial. Settlement negotiations can continue throughout this process, and many civil disputes arising out of car accidents will end before a trial is required to be held.

If they feel that your injury claim is legitimate and you are willing to go to trial insurance companies will make a fair settlement offer. Additionally the settlement process is faster and less risky than a trial.

Before settling on the settlement, it's crucial to fully comprehend the severity of your injuries. You must also have completed all medical treatments. You could be denied additional compensation if settling a settlement until your doctor has determined that you have attained the point of maximum improvement. Additionally, you should not sign the release until you've spoken with your lawyer and have an understanding of all losses. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will review your medical records, as well as other documents, to ensure that you are entitled to all the damages that you are entitled to.