The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount of money you need to cover your injuries, our hard-working attorneys will prepare a formal demand letter. This letter will detail all of your financial losses such as medical expenses, lost wages, as and non-economic losses such as discomfort and pain.

Then a judge or jury will decide. If they decide to your advantage you will be awarded damages, and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving negligence and liability is essential to receive 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.

Photographs of the scene of the accident can assist your attorney in determining what actually transpired in the accident, including the position of both vehicles after impact, skid marks road debris and other evidence that is physical. Note down the names and contact information of any witnesses who witnessed what happened. Witnesses who testify to corroborate your account of events is important especially as it can be common for drivers to have conflicting versions of what transpired, which can lead to insurance companies refusing to accept the claim or deny the responsibility completely.

Medical records can also be utilized by your lawyer in order to prove the severity of your injury. These documents could include receipts, bills laboratory results, diagnosis reports, discharge instructions, and other documentation. You should obtain these records as soon as you can, and make sure to give copies to your medical professionals.

A deposition is yet another type of evidence that your attorney could employ. It's an out-of court testimony given under oath, and then transcribing by a Court Reporter. Your lawyer can make use of the testimony to prove that your injuries have an immediate and obvious connection to the accident which can help justify compensation for your losses. The majority of the evidence listed above can be collected at the scene of the accident or shortly afterwards, but some may not be available until much later in the legal process. It is essential to contact a car accident lawyer with the appropriate credentials immediately to start an inquiry as evidence is in its purest form.

2. Filing a Complaint

After the dust has settled, and you've taken care of your injuries, attorneys you should seek legal guidance from an expert. A car accident lawyers lawyer can give you the experience to maximize your compensation.

The first step is to file a complaint with the court, describing the specific claims that you're making and the amount of money you're seeking in damages. The complaint is typically written by your attorney and filed with the court, and then served to the defendant.

The discovery phase starts and allows both parties to exchange information regarding their defenses and claims. The process can be very long and requires both sides to review many documents, including police reports, witness statements medical records, invoices and much more. Each side can demand interrogatories. They are a set of questions that the other party must answer under oath, within a specific timeframe.

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

Sometimes, your lawyer could be able to negotiate an agreement with the at fault driver's insurance company. This is more likely to occur after discovery and prior to trial. However, if the insurance company refuses to offer a fair settlement or if you have incurred substantial damages that aren't covered by the insurance policy, the case may go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit in which your attorney and the insurance company exchange information that may assist or derail your claim. Your attorney will ask for copies of documents to prove your case. These include police reports as well as medical bills and work loss documents from your employer (showing the amount of time you've missed due to the accident), photos of your vehicle, any injuries or damages and other financial details. Your attorney can also make use of written discovery tools, such as interrogatories and requests for production to inquire into parties and witnesses who are not present.

These tools for discovery in writing are distributed back and forth between attorneys of both sides. They give the opposing side an opportunity to reply to questions in writing, which must be answered under oath, and to supply copies of certain documents or other information that could be helpful to your case.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the collision as well as anyone with information regarding your injuries or damages that could be important to your case. In a deposition, the lawyer representing the party at fault will ask you questions and your answers could be recorded on video by an official court reporter or recorded.

The goal of these pre-trial investigation procedures is to assist your lawyer to create an argument that is persuasive and strong to the responsible party and their insurance company so that you can receive an adequate and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case however, most do so after or during the investigation process, which is typically concluded prior to the trial.

4. Trial

Trials can be arranged in situations when you and the insurance company disagree on the source of your fault or the amount you should be awarded for your injuries. A trial is a formal process 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 typically a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it including photos or videos of the scene witness testimony, statements from witnesses and medical professionals, as well as documents such police reports and bills. You may also offer your testimony regarding your memories of the incident and how it has affected your life. Expert witnesses can also testify to support your claims. The lawyer for the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

At trial, the jury must 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 cause examines 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 are entitled to. This is another complicated issue because it is contingent on the severity of your injuries and the severity of your losses. Your attorney will present evidence, including expert testimony, regarding the severity of your injuries as well as lost income and future earning potential, as well your suffering and impairment.

5. Settlement

Every state has a time limit that you must meet to resolve your claim or file an action. This is referred to as the statute of limitations. If your lawyer is unable to negotiate a settlement with the insurer, you may have to bring a lawsuit to court. This can be time consuming and costly, but it is usually necessary to pursue compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which parties exchange information with the other side) and attend hearings. Your lawyer will also file legal documents, referred to as motions asking the court for specific things such as excluding certain types of evidence in trial. Settlement negotiations can continue throughout this process, and many 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 injury claim is legitimate and you'll be willing to take the case to trial. In addition settlement is quicker and less risky than a trial.

Before agreeing to a settlement, it is crucial to fully comprehend the severity of your injuries and completed all medical treatment. You could be denied additional compensation if you agree to a settlement until your doctor has determined that you have attained the level of medical improvement that is the highest. It is also important not to sign a release until you have spoken with your lawyer about your damages. Your lawyer will make sure that you do not lose out on the valuable compensation. They will go through your medical records as well as other documents, to ensure that you receive all the compensation you're entitled to.