The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount of money you need to cover your injuries, our tenacious attorneys will prepare an official demand letter. This will include all of the economic losses you have suffered, such as medical bills and lost wages, and non-economic damages, like suffering and pain.

Then a judge or jury will take a call. If they make a decision to your advantage, you will be awarded damages. In addition, the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving negligence and liability is key to obtaining compensation for your injuries and losses. 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 could assist your attorney in determining what happened during the accident, including the position of both cars following the impact, skid marks road debris and other physical evidence. Record the names and contact numbers of any witnesses who witnessed the events. It is important to have witnesses who can confirm the events that were actually happening, as it may often be the case that drivers will give contradictory accounts that lead to insurance companies refusing or denial of liability.

Medical records can also be utilized by your lawyer to prove the severity of your injuries. These documents could include receipts, bills laboratory results, diagnosis reports, discharge directions and other forms of documentation. You should seek these records as soon as possible and be sure to give copies to your medical professionals.

Another form of evidence your lawyer could employ is a deposition which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer could use the testimony to prove that your injuries had an immediate and obvious connection to the accident and can be used to justify the compensation you deserve for your damages. Most of the evidence discussed above can be obtained at the scene of the accident law firms or within a short time, but some may not be available until later in the litigation. This is why it's important to speak with a well-credentialed car accident lawyer as soon as you can so that they can begin investigating while vital evidence is still in its purest 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 lawyer can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint with the court. This will outline your specific claims as well as the amount you'd like to recover in damages. The document is usually written by an attorney and then filed in court. It will also be delivered to the defendant.

This also initiates the discovery phase that allows both sides to exchange information and evidence related to their defenses and claims. The process can take a long time and requires both teams to examine a variety of documents, including police reports, witness statements medical records, invoices and much more. Each side may request interrogatories. These are a series of questions which the other side must answer under oath within the specified timeframe.

Throughout this stage your lawyer will collaborate with medical professionals to ensure they have a complete understanding of the severity of your injuries as well as the impact they have affected your daily routine. Your lawyer will estimate your total damages. This includes future and past medical expenses including lost wages, pain and suffering and more.

Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. This is likely to occur following the conclusion of discovery, but before trial. If the insurance company does not agree to a fair settlement or if your losses are important and not covered by insurance, you may be required to go to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an essential step in any car accident case. This is where your attorney and negligent driver's insurer exchange information that could help or hurt your claim. Your attorney will ask for copies of documents that support your case, including police reports, medical bills as well as work loss records (e.g. an email from your employer indicating how long you missed work due to the accident lawsuits) photographs of your vehicle and any injuries or damage or other pertinent financial information. Your attorney may also employ written discovery tools like interrogatories or requests for production as well as requests for admissions to question witnesses and other parties who are not present in the case.

These tools for discovery are used to exchange information between attorneys on both sides. The written discovery tools provide the other side an opportunity to respond to questions in writing, which must be answered under oath. It also allows you to provide copies or other information that might be useful to you.

Your Long Island car accident lawyer will also take depositions of witnesses to the collision as well as anyone who has information about your injuries or damage that could be crucial to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your answers are recorded on video by the court reporter or translated.

These pretrial investigation procedures are designed to help your lawyer build a compelling argument against the person at fault and accident lawyer their insurance company in order to negotiate a fair settlement for all your losses, injuries as well as losses, expenses and costs. There is no guarantee of a settlement in each case but most will settle during or following the investigation process, which is usually done prior to trial.

4. Trial

While the vast majority of car accidents are settled through informal negotiations however, if you and your insurance company are not in agreement about who is to blame or the amount you should receive for your injuries, your case may go to trial. A trial is a formal procedure where both sides present arguments and evidence to a factfinder, who renders a verdict that settles the issue. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any evidence supporting it like photos or videos of the scene or testimony from witnesses, medical professionals, or documents like police reports and bills. You can also offer testimony regarding your memory of the incident and how it has affected your life. Expert witnesses will also provide evidence to back up your claims. The defendant's lawyer can cross-examine witnesses and challenge to the admissibility of certain evidence.

In a trial, accident lawyer the jury must determine if the plaintiff's injuries were caused by the defendant's negligence. They will look at the proximate cause, a complicated legal concept that law school students spend hours studying. Proximate cause examines the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you're entitled to. It is also a complicated issue due to the severity of your injuries as well as the extent to which you have suffered. Your lawyer will present evidence that includes expert witness testimony about the severity of your injuries, your loss of income, as well as future earnings potential, as well as your pain and suffering disfigurement, impairment, and.

5. Settlement

Each state sets a legal deadline, known as the statute of limitations that you must meet to settle your claim or file a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you could require filing a car accident lawsuit in court. It can be costly and time-consuming. However, it is often required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where both sides exchange information with one another). Your lawyer will also file legal documents known as motions to ask the court to consider the exclusion of certain types of evidence during trial. Settlement negotiations can continue throughout this process, and most civil disputes in car accidents settle before a trial is required to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your claim for injury is solid and you'll be willing to go to trial. Settlement is faster and less risky compared to a court trial.

Before settling on a settlement, it is important that you fully understand the extent of your injuries. You must also have completed all medical treatment. If you accept a settlement prior to your doctor determining that you have reached your maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. You should also not sign a release until you've spoken with your lawyer regarding your damages. Your lawyer will ensure that you don't lose out on the valuable compensation. They will review your medical records, and other documents, to ensure that you are entitled to all the damages for which you qualify.