The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if an insurance company refuses to pay you the amount you need to cover your injuries. The letter will outline all of your financial damages such as medical costs and lost wages as well as non-economic damages like pain and discomfort.

A judge or jury will then come to a decision. If they rule to your advantage, you will be awarded damages. In addition, the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident the proof of negligence is essential to obtaining compensation for your injuries. Collecting evidence is one the initial steps in the litigation process. it requires gathering documents witnesses' testimony, photographs as well as official reports like police reports.

Your attorney may be able to determine the circumstances of the accident by taking photographs of the scene, which include skid marks and road debris as well as other physical evidence. Also, note the names and contact details of any eyewitnesses who witnessed what happened. It is crucial to have witnesses confirm the events took place, since it can often happen that drivers will give contradictory stories that lead to insurance companies refusing or denying liability.

Medical records can also be utilized by your lawyer in order to prove the severity of your injuries. They could include bills, receipts, lab results, diagnosis reports, discharge instructions and other forms of documentation. You should seek these documents as soon as is possible and be sure to provide copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney can use. It is an out-of the court testimony that is under oath. It is then recorded by a Court Reporter. The lawyer can utilize the testimony to prove that your injuries have had a direct and foreseeable connection to the crash which can help justify compensation for your damages. While the majority of the above kinds of evidence can be collected at the scene of the accident or within a short time after however, some evidence may not be available until later in the litigation process. It is crucial to contact a car accident lawyer with the appropriate credentials as soon as you can to begin an inquiry as evidence is in its most pure form.

2. Making a Complaint

After the dust has settled and you've treated your injuries, it's time to seek legal advice from a professional. A car accident attorney can provide the expertise needed to help you get the most compensation for your claim.

The first step is to file a complaint with court, which outlines the specific claims that you're making and the amount you are seeking in damages. The complaint is typically written by your lawyer and filed with the court and served on the defendant.

The discovery phase begins with both parties able to exchange information about their defenses and claims. The process can be very long and requires both teams to review many documents, including police reports witnesses' statements, police reports and medical records, as well as bills and much more. Each side can require interrogatories. These are a series of questions that the other party must answer under oath, within a specific date.

In this phase the lawyer will work with doctors to ensure they have a complete picture of the extent of your injuries and the impact they've affected your daily routine. Your lawyer will then calculate the total damages you have suffered including past and future medical expenses and lost earnings, as well as suffering and pain and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely to happen after discovery and prior to trial. If the insurance company doesn't agree to an equitable settlement, or if your damages are significant and not covered by insurance, then you may have to go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an essential step in any car accident case. This is when your attorney and the negligent driver's insurer share information that could either support or damage your claim. Your attorney will ask for documents that can support your case, including medical bills, police reports as well as work loss records (e.g., from your employer which reveals how long you missed work because of the accident) photos of your vehicle and any damage or injuries and other financial information. Your attorney will also make use of written discovery tools such as interrogatories and requests for production, as well as requests for admissions to question witnesses and other parties who are not in the case.

The written discovery tools are exchanged back and forth between the attorneys for both sides. They provide the opposing party the chance to respond to questions in writing, which have to be sworn to in oath and to provide copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident attorney will also question witnesses and anyone who has information regarding the damages or injuries you sustained that could be crucial to your case. During a deposition lawyer representing the party at fault will ask you a series of questions, and your answers will be recorded on video or translated by a court reporter.

The purpose of these pre-trial investigation procedures is to enable your lawyer to construct a strong and compelling case to the responsible party and their insurer so that you can get an equitable and fair settlement for your injuries, losses and expenses. While there is no assurance that all cases will settle but the majority settle either during or after the discovery process, which can often be completed prior to the time your case goes to trial.

4. Trial

The majority of car accident cases are resolved through informal negotiations however, if you and your insurance company disagree about fault or the amount of compensation you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder who renders a verdict which settles the dispute. In personal injury cases the factfinder is usually a jury.

During the trial, your lawyer will explain your story in your opening statements to the jury, accident attorney and any supporting evidence that you have, like photographs or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents such as police reports and medical bills. You may also testify on your personal memories of the incident and how it affected your life. Expert witnesses can also give evidence to support your claims. The lawyer for the defendant may interrogate witnesses and contest the admissibility of certain evidence.

In a trial, the jury will determine if the plaintiff's injuries were caused by the negligence of the defendant. They will consider proximate cause an intricate legal concept that lawyers spend countless hours studying during law school. Proximate causes considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine how much damages you should receive. It's a difficult issue due to the extent of your injuries and the extent to which you have suffered. Your attorney will present evidence which includes expert testimony regarding the severity of injuries, lost income and future earning potential, as well as your pain and suffering as well as impairment.

5. Settlement

Each state has a specific deadline by which you can settle your claim or bring an action. This is referred to as the statutes of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, then you might have to file a car accident lawsuit in court. It is costly and time-consuming, but it is usually required to obtain compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which both sides exchange information with each other). Your lawyer will also file legal documents called motions that ask the court for things like not allowing certain types of evidence during trial. Settlement negotiations can continue throughout the entire process, and many civil disputes arising out of car accidents will end before a trial has to be held.

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

Before agreeing to an agreement, it's important that you fully understand the severity of your injuries and have completed all medical treatments. If you agree to a settlement prior to your doctor determining that you have reached your maximum medical improvement (MMI) it is possible to not receive additional compensation. You should also not sign a settlement agreement before you have spoken to your lawyer about the damages. Your lawyer will make sure that you don't be denied compensation that is valuable. They will carefully review your medical records and other documentation to make sure that you receive the full amount of damages for which you are entitled.