The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you require for your injuries, our tenacious attorneys will prepare a formal demand letter. This will include all of the economic losses you have suffered including medical expenses and lost wages, as well as non-economic damages like pain and suffering.

A judge or jury will then make a ruling. If they decide in your favor, they will make you a victim and accident attorney the defendant will be required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is essential to receive compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports like police reports, and other official reports.

Photographs of the scene of the accident may help your attorney establish what actually happened in the collision, including the positions of both vehicles after impact, skid marks, road debris and other physical evidence. Also, keep track of the names and contact details of any eyewitnesses who witnessed what transpired. Witnesses who testify that confirm your version of what happened is crucial, especially since it can be common for drivers to have conflicting stories of what happened. This causes insurance companies to refuse to accept the claim or even denying the responsibility completely.

Medical records can also be used by your lawyer to demonstrate the severity of your injuries. These documents could include bills, receipts laboratory results, diagnosis reports, discharge instructions, and other documentation. You should obtain these records as quickly as you can, and also provide copies to your healthcare providers.

Another form of evidence your attorney could employ is a deposition which is out-of-court testimony given under oath and transcribed by a court reporter. The lawyer can utilize this testimony to prove that your injuries have an obvious, predicable connection to the accident. This is a good argument to support seeking compensation. The majority of the evidence listed above is available at the site of the accident or within a short time but some of it may not be available until much later in the litigation. This is why it's crucial to consult a highly-credentialed car accident lawyer as soon as possible so that they can begin the investigation as evidence is in its most pure form.

2. Filing a Complaint

When the dust has cleared and you've taken care of your injuries, it's the time to seek legal advice from a professional. A car accident attorney can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with court, which details the specific claims you're bringing and the amount you're seeking in damages. This document is typically drafted by your lawyer and filed with the court and served to the defendant.

This also initiates 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 requires both parties to review many documents, including police reports witnesses' statements, police reports and medical records, as well as bills and much more. Both sides can request interrogatories. These are a series questions that the other side must answer under oath within the specified timeframe.

In this stage, your lawyer will also collaborate with doctors to ensure they have a complete picture of the seriousness of your injuries and the impact they have affected your daily routine. Your attorney will then calculate the total damages you have suffered that include the future and past medical expenses loss of earnings, suffering and pain and much more.

Your lawyer may be able come to a settlement agreement with the insurance company of the driver at the fault. This is more likely to happen after discovery and before the trial. If the insurance company doesn't agree to a fair settlement, accident attorney or if your damages are significant and not covered by insurance, then you may need to go to trial. A jury or judge will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and the negligent insurance company of the driver exchange information that can support or undermine your claim. Your attorney will request copies of documents to support your case. These documents include police reports medical bills, work loss documents from your employer (showing the length of time you missed due to the accident) photographs of your vehicle and any damages or injuries and financial information. Your lawyer will also make use of written discovery tools, such as interrogatories, requests for production and requests for admissions to interview witnesses and other parties that are not in the case.

These tools for writing discovery are exchanged between attorneys from both sides. They give the opposing party the opportunity to answer questions in writing, which have to be sworn to under oath, and to provide copies of certain documents and other information that could be useful to your case.

Your Long Island car accident attorney will also depose witnesses as well as any other person with information about the damages or injuries you sustained that could be essential to your case. During a deposition, the at-fault party's lawyer will ask you various questions, and your answers will be recorded on video, or transcribed by a court reporter.

These pretrial investigation processes are designed to assist your lawyer develop a convincing case against the at-fault person and their insurance company in order to get a fair settlement for all of your injuries, expenses and losses. While there is no guarantee that every case will settle however, the majority settles at the end of or following the discovery process, which can often be completed before your case goes to trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations If you and the insurance company do not agree on who is at fault or the amount you are entitled to for your injuries, the case may be heard in a trial. A trial is an official process in which both sides present arguments and evidence before a factfinder who makes a decision to resolve the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene of the accident, testimony from witnesses and medical professionals, as well as documents such police reports and bills. You can also offer testimony about your memories of the incident and how it impacted your life. Expert witnesses can also testify to back your claims. The defendant's attorney can cross-examine witnesses and challenge the admissibility of specific evidence.

The jury will decide at trial whether the plaintiff's injuries was caused by the defendant's reckless behavior. They will consider the proximate cause, a complicated legal concept that law students spend hours studying. Proximate cause looks at the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. This is a complicated issue due to the severity of your injuries and the extent of your losses. Your lawyer will present evidence, including expert testimony from a witness regarding the severity of your injuries, the loss of income and future earnings potential and your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Every state has a legal deadline, known as the statute of limitations that you must meet to 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 may have to file a car accident lawsuit in the court. It can be costly and time-consuming, but this is often required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a procedure that is formal in which both sides exchange information with the other). Your lawyer will also file legal documents called motions asking the court for certain things, such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue during this process. Many car accident civil disputes are settled before trial is required.

If they believe that your injury claim is legitimate and you are willing to go to trial the insurance company will offer an acceptable settlement offer. In addition the settlement process is quicker and less risky than a trial.

Before settling an agreement, it's essential to be aware of the severity of your injuries and completed all medical treatments. If you sign a settlement before your doctor has determined you have reached your maximum medical improvement (MMI) then you could not be eligible for additional compensation. Also, you should not sign a settlement agreement before you've spoken with your lawyer regarding your damages. Your lawyer will make sure that you don't be denied compensation that is valuable. They will carefully examine your medical records and other documents to ensure that you receive the full amount of damages to that you are eligible.