The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter if an insurance company refuses to pay you the amount you're entitled to for your injuries. This letter will provide a detailed description of your economic losses such as medical expenses, Vimeo lost wages as well as non-economic damages like pain and discomfort.

A jury or judge will then make a decision. If they come to a decision to your advantage, you will be awarded damages. In addition, the defendant will be required to 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 photos, documents witness testimony, official reports, like police reports, and other official reports.

Photographs of the scene of the accident may aid your lawyer in determining what actually transpired in the collision, including the positions of both vehicles after impact, skid marks road debris and other evidence that is physical. Also, keep track of the names and contact numbers of any eyewitnesses who saw what transpired. It is essential that witnesses to verify the events that occurred, as it can often happen that drivers offer contradictory statements that result in insurance companies refusing or denying responsibility.

Other evidence forms your lawyer might use include medical records. These could include receipts, bills diagnostic reports, lab results, discharge instructions and other evidence that demonstrates the severity of your injuries. It is important to obtain these documents as soon as is possible and be sure to provide copies to your healthcare providers.

Depositions are another form of evidence your lawyer could use. This is an out-of court statement made under oath. It is then recorded by a Court Reporter. Your lawyer could use this evidence to prove your injuries were a clear, identifiable connection to the accident. This helps to justify the need for compensation. Although the majority of the above types of evidence can be taken at the scene of the accident or soon afterward however, some evidence may not be accessible until later in the litigation process. It's important to contact a car accident lawyer with the right credentials immediately so they can begin an investigation as evidence is in its most pure form.

2. Making a complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal advice from an expert. A car accident attorney will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is to file a complaint with the court, describing the specific claims you're bringing and how much money you are seeking in damages. This document is usually drafted by an attorney, and filed in the court. It is also delivered to the defendant.

The discovery phase begins and allows both parties to exchange information regarding their claims and defenses. The process can take a considerable time and both teams will have to look over a variety of documents including police reports and witness statements. They might also have to look at medical documents or 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 a specified time frame.

In this phase the lawyer will collaborate with doctors to ensure they have a complete understanding of the seriousness of your injuries and the impact they've affected your daily routine. Your attorney will calculate the total damages. This will include future and past medical expenses and lost wages, as well as suffering and pain, and much more.

Your lawyer may be able come to a settlement agreement with the insurance company of the driver who is at the fault. This will most likely be the case following the completion of discovery and prior to trial. If the insurance company refuses a fair settlement, or if your losses are significant and are not covered by insurance, then you might be required to appear in court. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit, where your attorney and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will ask for copies of documents that support 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 due to the accident) photographs of your vehicle damaged or injured and financial information. Your attorney will also use written discovery tools, such as interrogatories or requests for production as well as requests for admissions to interview witnesses and parties who aren't present in the case.

These discovery tools written in writing are circulated back and forth between the attorneys on both sides. The written discovery tools provide the opposing side an opportunity to respond to questions in writing that need to be answered under oath and to provide copies of other information that may be helpful to you.

Your Long Island car accident lawyer will also take depositions of witnesses to the accident and also anyone who has information about your injuries or damages that could be relevant to your case. During a deposition the lawyer representing the person at fault will ask you questions, and your answers could be recorded on video by the court reporter or translated.

The pretrial investigation process is designed to help your lawyer construct a compelling case against the responsible party and their insurance company in order to get an equitable settlement for all your losses, injuries or losses, as well as expenses. There is no guarantee of a settlement in each case however the majority of them do so during or after the investigation process, which is typically concluded prior to the trial.

4. Trial

While the vast majority of car accidents settle through out-of-court negotiations however, if you and your insurance company are not in agreement about who is to blame or the amount of compensation you are entitled to for your injuries, the case may go to trial. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder, who renders a verdict which settles the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the scene of the accident or testimony from witnesses, medical professionals, or documents like police reports and bills. You can also testify about your memories of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of evidence.

In a trial, the jury will decide whether the plaintiff's injuries were the result of the negligence of the defendant. They will be looking at the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate causes considers the degree of connection between the defendant's actions and lawsuit the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. It's also a complex issue due to the severity of your injuries as well as 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 the extent of your suffering and impairment.

5. Settlement

Each state has a specific legal deadline, also known as the statute of limitations that you must meet to settle your claim or file a lawsuit. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you might need to file a car accident lawsuit in the court. This could be a lengthy process and expensive, but it is often required to seek compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents referred to as motions to ask the court to consider the exclusion of certain types of evidence at trial. Settlement negotiations can continue during this process. Many car accident civil disputes are settled prior to a trial.

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

Before settling the settlement, it's important that you fully understand the severity of your injuries. You must also have completed all medical treatments. It is possible to lose additional compensation if you accept a settlement until your doctor has determined that you have attained the level of medical improvement that is the highest. Also, you should not sign the release until you've met with your lawyer and had an accurate understanding of your damages. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will carefully examine your medical records and other documents to ensure that you get the full amount of damages to that you are eligible.