The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter in the event that the insurance company refuses to pay you the amount you're entitled to for your injuries. This will list all your financial losses, such as medical bills and lost wages, and other damages that are not economic, like pain and suffering.

Then, a judge or jury will take a call. If they decide in your favor they will give you damages and the defendant must pay them.

1. Gathering Evidence

In a case of a car crash lawsuit the proof of negligence and liability is the most important aspect to obtain compensation for your injuries and losses. Gathering evidence is one of the first steps in the litigation process. it involves collecting documents witnesses' testimony, photographs as well as official reports such as police reports.

Photographs of the scene of the accident may help your attorney establish what actually transpired in the collision, including the location of both cars following the collision, skid marks, road debris, and other physical evidence. Record the names and contact numbers of any witnesses who were present to witness the events. Witnesses who testify that confirm your account of what transpired is vital as it could be common for drivers to have contradictory reports of what happened, which causes insurance companies to refuse to accept the claim, or even deny responsibility altogether.

Medical records can also be used by your lawyer to prove the severity of your injury. These documents may include receipts, bills, lab results, diagnosis reports, discharge instructions and other forms of documentation. You should obtain these documents as soon as you can and give copies to your healthcare professionals.

A deposition is yet another type of evidence that your attorney can employ. It is an out-of court testimony under oath and later transcribing by a Court Reporter. Your lawyer could make use of the testimony to prove that your injuries have an immediate and obvious connection to the accident and, therefore, can justify the need for the compensation you deserve for your damages. Most of the evidence mentioned above is available at the scene of the accident or shortly afterwards, but some may not be available until much later in the litigation. It's important to contact a car accident lawyer with the right credentials immediately so they can begin an investigation while the evidence is still 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 the time to seek legal advice from a professional. A car accident attorney will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is to file an application with the court. It will describe your specific claims as well as the amount you'd like to recover in damages. This type of document is typically drafted by an attorney, and filed in the court. It will also be served to the defendant.

This also begins the discovery phase which allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can take a considerable time, and both teams will be required to examine a large number of documents, including police records and witness statements. They might also have to review medical documents, bills, and other documents. Each side may request interrogatories, which are a set of questions which the other party must answer under oath within a specified time frame.

Throughout this process, your lawyer will also collaborate with medical professionals to ensure they have a complete picture of the severity of your injuries and the impact they have had on your daily life. Your attorney will then calculate your total damages that will include past and future medical expenses and lost earnings, as well as pain and suffering and much more.

Sometimes, your lawyer might be able to reach a settlement with the at-fault driver's insurance company. It is likely to be the case following the completion of discovery and prior Accident Attorney to trial. If the insurance company is unable to offer a fair settlement or if you've incurred significant damages that are not covered by the insurance policy, the case may go to trial. A jury or judge will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit the attorney representing you and the negligent driver's insurance company exchange information that could assist or derail your claim. Your attorney will request copies of documents that support your case, such as police reports, medical bills as well as work loss records (e.g., from your employer showing the amount of time you were absent from work because of the accident) photos of your vehicle, any injuries or damages or other pertinent financial information. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These documents are shared between attorneys on both sides. They give the opposing party a chance to respond to questions in writing, that must be answered under oath and to provide copies of certain documents or other information which could be beneficial to your case.

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

The purpose of these pre-trial investigation procedures is to help your lawyer to build a strong and compelling case against the at-fault party as well as their insurer so that you are able to secure a fair and complete settlement for your losses, injuries and expenses. Although there is no guarantee that all cases settle however, the majority of cases settle during or after the discovery process, which is often be completed before your case reaches trial.

4. Trial

Trials are possible where you and the insurance company disagree regarding the fault of the other party or the amount of compensation you are entitled to for your injuries. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder who makes a decision that settles the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will explain your story in opening statements to the jury along with any supporting evidence you have, including photographs or videos of the accident scene, witness testimony from bystanders and medical professionals, and documents such as medical bills and police reports. You may also testify on your personal memories of the incident, and how it affected your life. Expert witnesses can also provide evidence to support your assertions. The defendant's lawyer can cross-examine witnesses and challenge to the admissibility of certain evidence.

At trial, the jury must determine 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 spend hours studying. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you should receive. This is a thorny issue because it is contingent on how severe your injuries are and the extent of your losses. Your attorney will present your evidence, including expert testimony from a witness regarding the severity of your injuries, your lost income and future earnings potential and your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Every state has a deadline within which you can settle your claim or file a lawsuit. This is referred to as the statutes of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you could have to file a car accident lawsuit in the court. This could be a lengthy process and costly, but it is usually necessary to pursue compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal procedure where both sides exchange information with each other). Your lawyer will also file legal documents, known as motions, which ask the court to do things like excluding certain types of evidence from trial. Settlement negotiations can go on 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 offer an honest settlement offer. Settlements are faster and less risky than an in-court trial.

Before settling a settlement, it is important to understand the severity of your injuries. You must also have completed all medical treatment. If you accept a settlement prior to your doctor determining that you have reached your maximum medical improvement (MMI) and you are not able to miss out on additional compensation. Also, you should not sign a settlement agreement before you have spoken with your lawyer about your damages. Your lawyer will ensure that you do not miss out on valuable compensation. They will carefully review your medical records and other evidence to make sure that you receive the full amount of damages for which you are eligible.