The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount of money you need to cover your injuries, our determined lawyers will draft an official demand letter. This will list all your economic damages like medical bills and lost wages, and other damages that are not economic, like suffering and pain.

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

1. Gathering Evidence

In a lawsuit involving a car accident, proving negligence and liability is essential to receive compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, Accident law Firms official reports such as police reports, and other official reports.

Your lawyer may be able to determine the circumstances of the accident by taking pictures of the scene, including skid marks, road debris and other physical evidence. Also, note the names and contact details of any eyewitnesses who witnessed what happened. Witnesses who testify that confirm your account of what happened is crucial especially as it can be common for drivers to give contradicting versions of what transpired, which causes insurance companies to refuse to accept the claim or even denying responsibility altogether.

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

A deposition is a different type of evidence your lawyer might make use of. It's an out-of the court testimony that is under oath. It is then transcribing by a Court Reporter. Your lawyer may utilize this testimony to prove that your injuries have an obvious, predicable connection to the accident. This can be used to justify seeking compensation. The majority of the evidence listed above can be collected at the site of the crash or accident law Firms shortly after, but some may not be available until much later in the litigation. It is crucial to contact an attorney for car accidents with the appropriate credentials immediately so they can begin an inquiry as evidence is in its most natural form.

2. The process of filing a complaint

When the dust has cleared and you have tended to your injuries, it's time to seek out legal counsel from an expert. A lawyer for car accidents can provide the expertise needed to help you obtain maximum compensation for your claim.

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

This also triggers the discovery phase, which allows both sides to exchange information and evidence related to their claims and defenses. The process can be very long and requires both parties to review many documents, including police reports as well as witness statements medical records, invoices and much more. Each side is able to request interrogatories. They are a set of questions which the other side must answer under oath within a specified time frame.

In this phase, your lawyer will also collaborate with medical professionals to obtain an accurate picture of your injuries and the impact they've had on your life. Your attorney will then calculate your total damages including the past and future medical costs loss of earnings, suffering and pain, and more.

Sometimes, your lawyer may be able to negotiate an agreement with the responsible driver's insurance company. This is more likely after discovery and prior to trial. If the insurance company is unable to provide a fair settlement or if you've sustained significant damage that is not covered by the insurance policy, your case may move forward to trial. A judge or jury will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. It is the point at which your attorney and negligent insurer of the driver share information that could either support or damage your claim. Your attorney will request copies of documents that support your case. These documents include police reports, medical bills and work loss documents from your employer (showing how much time you've missed because of the accident law Firms) photos of your vehicle, any injuries or damages as well as other financial data. Your attorney may also employ documents for discovery in writing, such as interrogatories, requests for production and requests for admissions in order to question witnesses and other parties that are not present in the case.

These documents are used to exchange information between attorneys on both sides. They give the opposing party an opportunity to reply to questions in writing, that must be answered under oath and to provide copies of certain documents and other information that could be useful to your case.

Your Long Island car accident lawyers lawyer will also depose people who are witnesses to the collision as well as anyone with information on your injuries or damage that could be crucial to your case. During a deposition the lawyer representing the at-fault party will ask you questions, and your answers will either be recorded on video by a court reporter or transcribed.

The purpose of these pretrial investigation processes is to enable your lawyer to present an argument that is persuasive and strong against the at-fault party as well as their insurer in order that you can secure an equitable and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases will settle but the majority settle during or after the discovery process, which is often be completed before the case is brought to trial.

4. Trial

While the vast majority of car accidents are settled through informal negotiations, if you and the insurance company disagree about fault or the amount of compensation you are entitled to for your injuries, your case may go to trial. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder, who makes a decision that resolves the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will be able to present your version of events in your opening statements to the jury together with any evidence that you have, like pictures or videos of accident scene, testimony from bystanders and medical professionals, and documents like police reports and medical bills. You can also offer testimony regarding your memories of the incident and how it impacted your life. Expert witnesses can also offer evidence to back up your assertions. The defendant's attorney can interrogate witnesses and contest the admissibility of specific evidence.

The jury will determine at trial whether the plaintiff's injuries was caused by the defendant's reckless behavior. They will consider the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you're entitled to. It is also a complicated matter because it is based on the severity of your injuries and the extent to which you have suffered. Your attorney will present your evidence including expert witness testimony on the severity of your injuries, the loss of income, and your future earnings potential and your suffering and pain disfigurement, impairment, and.

5. Settlement

Each state has a deadline to settle your claim or file an action. This is known as the statutes of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, then you might be required to file a vehicle accident lawsuit in court. It can be costly and time-consuming, however it is often necessary to get compensation.

During this procedure you and your Long Island personal injury lawyer will participate in discovery (a formal process in which parties exchange information with the other side) and will attend hearings. Your lawyer will also make legal filings, also known as motions, requesting the court to do things like excluding certain types of evidence from trial. Settlement negotiations may continue throughout this process. Many car accident civil disputes are settled prior to a trial.

If they feel that your injury claim is valid and you are willing to go to trial insurance companies will make an honest settlement offer. Additionally the settlement process is faster and less risky for them than a trial.

Before you agree to an agreement, it's important that you fully understand the severity of your injuries and completed all medical treatment. If you agree to a settlement before your doctor has determined you have reached maximum medical improvement (MMI), you could miss out on additional compensation. Don't sign a contract before you have consulted with your lawyer about your injuries. Your lawyer will make sure that you do not be denied compensation that is valuable. They will carefully review your medical records and other evidence to make sure that you receive the full amount of damages to which you are eligible.