The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter in the event that the insurance company refuses to pay the amount you require for your injuries. This letter will detail all of your economic losses like medical expenses and lost wages, as in addition to non-economic damages such as pain and discomfort.

Then, a judge or jury will decide. If they decide in your favor you will be awarded damages, and the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is key to obtaining compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports like police reports and other official reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually happened in the accident, including the position of both cars after collision, skid marks, road debris and other physical evidence. Also, note the names and contact information of any witnesses who witnessed the incident. It is crucial to have witnesses confirm the events took place, since it can often happen that drivers will give contradictory accounts that lead to insurance companies refusing or denial of the liability.

Other evidence forms your lawyer may use include medical records, which can include receipts, bills diagnose reports, lab results, discharge guidelines, and other documentation that demonstrate the severity of your injuries. You should obtain these records as soon as possible and send copies to your healthcare providers.

Depositions are another form of evidence that your attorney could use. This is an out-of court testimony given under oath, which is then translated by a court reporter. Your lawyer could use the testimony to establish that your injuries have an immediate and predicable connection to the accident which can help justify compensation for your damages. Although the majority of the above types of evidence are gathered at the accident scene or shortly thereafter, some of them may not be available until later in the litigation process. This is the reason it's essential to contact a reputable car accident lawyer as soon as you can, so they can begin the investigation when the evidence is in its most pure form.

2. Filing a Complaint

When the dust has cleared and you've treated your injuries, it's time to seek legal advice from a professional. A car accident lawsuits 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 the court. This document will outline your specific claims and the amount you'd like to recover in damages. The document is usually drafted by your attorney and filed with the court and served on the defendant.

This also begins the discovery phase which allows both parties to exchange information and evidence that is related to their defenses and claims. The process can take a long time and both teams will be required to examine a large number of documents, including police records and witness statements. They might also need to review medical records, bills, and other documents. Each side may request interrogatories, which are a set of questions the other party must answer under oath by a predetermined date.

In this phase, your lawyer will also work closely with medical professionals to obtain the full picture of your injuries as well as the impact they've caused on your life. Your attorney will then calculate the total damages you have suffered that include future and past medical expenses and lost earnings, as well as pain and suffering and much more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver who is at fault. It is likely to occur after the completion of discovery and prior to trial. If the insurance company is unable to settle the claim in a fair manner or if you've sustained significant damages that are not covered by the insurance policy, the case could go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit in which your attorney and the insurance company exchange information that may assist or derail your claim. Your attorney will request documents that can support your case, including police reports, medical bills as well as work loss records (e.g. documents from your employer that outlines the amount of time you were absent from work because of the accident) photographs of your vehicle, any injuries or damages, and other relevant financial information. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to question witnesses and other parties who are not present.

These written discovery tools are distributed back and forth between attorneys for both sides. The written discovery tools give the other side an opportunity to respond to questions in writing, which must be answered under oath. It also allows you to provide copies or other information which could be useful to you.

Your Long Island car accident lawyer will also take depositions of witnesses to the accident, as well as anyone who has information about your injuries or damages that could be relevant to your case. During a deposition lawyer for the person who is at fault will ask you various questions, and your responses will be recorded on video or transcribing by a court reporter.

These pre-trial investigation procedures are designed to help your lawyer develop a convincing case against the responsible party and their insurance company in order to get a fair settlement for all your losses, injuries or losses, as well as expenses. Although there is no assurance that all cases will settle however, the majority of cases settle either during or after the discovery process, which may be completed before your case reaches trial.

4. Trial

Although the majority of car accident cases are settled through informal negotiations however, if you and your insurance company are not in agreement about who is to blame or the amount you should receive for your injuries, your case could go to trial. A trial is a formal process that involves both sides presenting arguments and evidence to a factfinder, who makes a ruling that resolves the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will present your version of events in opening statements to the jury, as well as any other evidence you may have, such as photographs or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You may also testify about your memories of the incident and how it impacted your life. Expert witnesses can also testify to support your assertions. The attorney representing the defendant may interrogate witnesses and contest the admissibility of certain evidence.

The jury will decide during trial whether the plaintiff's harm was the result of the defendant's negligent behavior. They will examine proximate cause, a complicated legal concept that lawyers have to spend many hours studying in law school. Proximate cause considers how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. This is a complicated issue because it is contingent on how severe your injuries are and the severity of your losses. Your lawyer will present evidence that includes expert witness testimony about the severity of your injuries, your lost income and Accident future earnings potential and your pain and suffering disfigurement, impairment, and.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations in which you must settle your claim or file a lawsuit. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you might require filing a car accident lawsuit in the court. It's costly and time-consuming, however it is often necessary to seek compensation.

During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where both sides exchange information with the other). Your lawyer will also submit legal documents, referred to as motions, asking the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout the process, and a majority of car accident civil disputes end before a trial needs to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your claim for injury is solid and you'll be willing to take the case to trial. Settlement is faster and less risky compared to a court trial.

Before settling on the settlement, it's important to understand the extent of your injuries and that you 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 not receive additional compensation. Don't sign an agreement until you have talked to your lawyer and have a complete understanding of your losses. Your lawyer will make sure that you don't get a poor deal on compensation. They will go through your medical records and other documentation, to ensure that you are entitled to all the damages for which you qualify.