The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if the insurance company refuses to pay the amount you need to cover your injuries. This letter will provide a detailed description of your economic losses such as medical expenses, lost wages, as well as non-economic damages like pain and discomfort.

Then the judge or jury will make a decision. If they rule in your favor, they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving negligence is crucial to receive compensation for your injuries. Collecting evidence is one the first steps in the litigation process. it requires gathering documents such as photographs, witness testimony as well as official reports such as police reports.

Your attorney may be able to establish what transpired in the incident by taking photographs of the scene, which include skid marks and road debris as well as other physical evidence. Record the names and contact numbers of any witnesses who were present to witness what happened. It is crucial that witnesses confirm the events took place, since it can often happen that drivers offer contradictory statements that result in insurance companies denying or refusing responsibility.

Medical records can also be used by your lawyer to demonstrate the severity of your injury. These documents could include receipts, bills, lab results, diagnosis reports, discharge directions and other documentation. It is important to obtain these records as soon as you can, and also provide copies to your healthcare professionals.

Another type of evidence that your lawyer could use is a deposition, which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. Your lawyer can utilize the testimony to prove the fact that your injuries had an immediate and obvious connection to the accident and can be used to justify compensation for your injuries. While the majority of these types of evidence are taken at the scene of the accident or shortly thereafter, some of them may not be accessible until later in the litigation process. This is why it's important to contact a reputable car accident lawyer as quickly as possible so that they can begin the investigation while the crucial 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 an expert. A car accident attorney will be able to provide the expert advice you require to help you get the most compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims you're bringing and the amount you are seeking in damages. This document is usually drafted by an attorney and filed in court. It is also given to the defendant.

The discovery phase starts and allows both parties to share information about their claims and defenses. The process can take a long duration and both teams will have to look over a variety of documents, including police records and witness statements. They may 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 that each party must answer under oath by a predetermined time frame.

During this stage, you lawyer will also collaborate with doctors to gather an accurate picture of your injuries as well as the impact they've had on your life. Your attorney will calculate the total damages you have suffered that include past and future medical expenses and lost earnings, as well as pain and suffering and much more.

Sometimes, your lawyer could 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 is unwilling to offer an acceptable settlement, or if your losses are substantial and not covered by insurance, then you may be required to go to trial. A jury or judge will make a decision in the case based on all the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. This is when your attorney and negligent insurance company of the driver exchange information that can support or damage your claim. Your attorney will request copies of the documents to support your claim. These include police reports, medical bills and work loss documents from your employer (showing how much time you've missed because of the accident) photos of your vehicle, any injuries or damages and financial information. Your attorney will also make use of written discovery tools, such as interrogatories, accident attorney requests for production and requests for admissions to interview witnesses and other parties that aren't present in the case.

These tools for discovery are shared between attorneys on both sides. The written discovery tools give the opposing party a chance to respond to questions in writing which must be sworn to under oath, and to provide copies or other information that might be helpful to you.

Your Long Island car accident attorney will also question witnesses and anyone who has information regarding your injuries or damages which could be important to your case. In a deposition, the lawyer representing the party at fault will ask you questions and your responses will either be recorded on video by a court reporter or transcribing.

These pretrial investigation procedures are designed to help your lawyer build a compelling case against the person who is at fault and their insurer in order to get an equitable settlement for all your losses, injuries as well as losses, expenses and costs. While there is no assurance that all cases will settle however, the majority settles during or after the discovery process, which may be completed before your case is brought to trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations however, accident attorney if you and your insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, the case may go to trial. A trial is a formal process where both sides submit arguments and evidence to a factfinder who issues a decision that settles the issue. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any supporting evidence, such as photos or videos of the accident scene, testimony from witnesses and medical professionals, documents like police reports and bills. You can also offer testimony regarding your recollection of the incident and how it has had an impact on your life. Expert witnesses can also testify to back your claims. The defendant's attorney can interrogate witnesses and contest the admissibility of specific evidence.

At trial, the jury has to decide if the plaintiff's injuries were the result of the negligence of the defendant. They will examine the proximate causality, a nebulous legal concept that law students will spend hours studying. Proximate causes focuses on the degree of connection between a 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, as it depends on how severe your injuries are and the severity of your losses. Your attorney will provide evidence including expert testimony regarding the severity of injuries as well as lost income and future earnings potential, as also the extent of your suffering and impairment.

5. Settlement

Every state has a legal deadline, referred to as the statute of limitations, by which you must settle your claim or start a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, then you might have to file a car accident lawsuit in court. This could be a lengthy process and costly, however it is often necessary to pursue compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents, referred to as motions to ask the court for certain things, such as the exclusion of certain types of evidence at trial. Settlement negotiations may continue throughout this process, and a majority of civil disputes in car accidents settle before a trial needs to be held.

If they believe your injury claim is legitimate and you are willing to go to trial, insurance companies will make a fair settlement offer. Additionally the settlement process is more efficient and less risky than a trial.

Before you agree to an agreement, it is essential to be aware of the severity of your injuries. You must also have completed all medical treatments. If you settle before your doctor has determined that you have reached the maximum medical improvement (MMI) then you could not receive additional compensation. Don't sign a settlement agreement before you have spoken to your lawyer about your damages. Your lawyer will make sure that you don't lose the opportunity to receive a valuable amount of compensation. They will look over your medical records, as well as other documents to ensure that you receive all of the damages for which you qualify.