The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount of money you need to cover your injuries, our hard-working lawyers will draft an official demand letter. The letter will list all of your financial losses such as medical costs and lost wages, as and non-economic losses like pain and discomfort.

A judge or jury will then make a decision. If they decide in your favor, they will award you damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident, proving negligence is vital to obtaining compensation for your injuries. Gathering evidence is one of the first steps in the litigation process. it involves collecting documents such as photographs, witness testimony, and official reports such as police reports.

Photographs of the scene of the accident can assist your attorney in determining what actually happened in the accident, including the position of both cars following the impact, skid marks, road debris and other evidence that is physical. Note down the names and contact information of any eyewitnesses that witnessed the events. It is important to have witnesses to verify the events that occurred, as it can often happen that drivers will give contradictory statements that result in insurance companies denying or refusing the liability.

Medical records can also be utilized by your lawyer to establish the extent of your injury. These documents may include bills, accident law Firms receipts, lab results, diagnosis reports, discharge instructions and other documents. You should obtain these records as soon as you can and be sure to send copies to your healthcare providers.

Depositions are another form of evidence that your attorney can employ. This is an out-of the court testimony that is under oath and later recorded by a Court Reporter. Your lawyer could utilize the testimony to prove the fact that your injuries had an immediate and clear connection to the accident law firms and, therefore, can justify the need for compensation for your losses. Although the majority of the above kinds of evidence can be obtained at the scene or Accident Law Firms shortly thereafter but some of the evidence might not be available until later in the litigation process. This is why it's important to consult a highly-credentialed car accident lawyer as quickly as you can so that they can begin an investigation as evidence is in its most pure form.

2. Making a Complaint

After the dust has cleared and you've taken care of your injuries, seek legal advice from a professional. An attorney for car accidents can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is to file a complaint in court, which outlines the specific claims you have filed and the amount of money you're seeking in damages. This document is typically drafted by your attorney and filed with the court and served on the defendant.

This also triggers the discovery phase which allows both sides to exchange information and documents related to their defenses and claims. The process can take a long time and both teams may be required to examine a large number 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 demand interrogatories. They are a series of questions the other party must answer under oath by a predetermined deadline.

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

Your lawyer may be able reach a settlement deal with the insurance company of the driver who is at fault. This is more likely to occur following discovery and prior to trial. If the insurance company refuses an acceptable settlement, or if your damages are important and not covered by insurance, then you might be required to appear in court. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

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

The written discovery tools are distributed back and forth between the attorneys on both sides. They provide the opposing party the opportunity to answer questions in writing, which have to be answered under oath, and to supply copies of certain documents and other information that could be useful to your case.

Your Long Island car accident attorney will also depose witnesses and any other person with information about the damages or injuries you sustained that could be vital to your case. During a deposition lawyer representing the party at fault 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 build a compelling argument against the person at fault and their insurer in order to obtain a fair settlement for all of your injuries, expenses and losses. Although there is no guarantee that every case will settle however, the majority of cases settle either during or after the discovery process, which may be completed prior to the time your case is brought to trial.

4. Trial

Trials are possible when you and the insurance company do not agree about who is at fault or the amount of compensation you are entitled to for your injuries. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder who renders a verdict that settles the issue. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will present your version of events in your opening statements to the jury and any supporting evidence you have, including images or videos of the accident scene, witness testimony from witnesses and medical professionals, as well as documents such as police reports and medical bills. You can also testify about your memory of the incident and how it affected your life. Expert witnesses can also give evidence to support your assertions. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

In a trial, the jury will decide whether the plaintiff's injuries were the result of the defendant's negligence. They will consider the proximate causality, a nebulous legal concept that law students will 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 how much damages you are entitled to. This is a complicated issue depending on the severity of your injuries and the extent of your losses. Your lawyer will present evidence that includes expert testimony regarding the severity of your injuries loss of income, future earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Every state has a deadline by which you can settle your claim, or even file a lawsuit. This is known as the statutes of limitations. If your lawyer can't reach a settlement with the insurer, you could be required to file a lawsuit in court. This could be a lengthy process and costly, however it is often required to seek compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal process in which each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents referred to as motions asking the court to consider excluding certain types of evidence during trial. Settlement negotiations can be ongoing throughout this process, and most civil disputes in car accidents settle before a trial is required to be held.

If they feel that your injury claim is valid and you are willing to go to trial, insurance companies will make an appropriate settlement offer. Settlements are quicker and less risky than an in-court trial.

It is vital to fully understand the extent of your injuries prior to agreeing to an agreement. You must also have completed all medical treatments. If you sign a settlement before your doctor has determined that you have reached maximum medical improvement (MMI), you could not be eligible for additional compensation. Also, you should not sign a settlement agreement before you've spoken with your lawyer about your injuries. Your lawyer will ensure that you don't miss out on a substantial amount of compensation. They will carefully review your medical records as well as other documents to make sure that you receive the total amount of damages to that you are eligible.