The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if the insurance company refuses to pay you the amount you're entitled to for your injuries. This letter will detail all of your economic damages such as medical costs and lost wages as in addition to non-economic damages such as pain and discomfort.

A jury or judge will then come to a decision. If they rule in your favor they will make you a victim and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in the car the proof of negligence is essential to receiving compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports such as police reports, and other official reports.

Your attorney might be able to establish what transpired in the accident lawsuits by taking photographs of the scene, which include skid marks or road debris, as well as other physical evidence. Also, keep track of the names and contact information of any eyewitnesses who witnessed the incident. It is crucial to have witnesses who can confirm the events that took place, since it can often be the case that drivers will give contradictory statements that result in insurance companies refusing or denying the liability.

Other evidence forms your lawyer may use include medical records, which can include receipts, bills, diagnosis reports, lab results, discharge instructions and other documentation that demonstrate the extent of your injuries. You should get these records as soon as you can and give copies to your medical professionals.

Depositions are another form of evidence your lawyer can utilize. This is an out-of the court testimony that is under oath, and then transcribing by a Court Reporter. Your lawyer can make use of this testimony to prove your injuries have an immediate, obvious connection to the Accident law firms. This can be used to justify seeking compensation. The majority of the evidence listed above can be gathered at the scene of the accident or shortly afterwards, but some may not be available until much later in the litigation. It is essential to contact an attorney for car accidents with the right credentials immediately so they can begin an investigation when the evidence is in its purest form.

2. Making a Complaint

Once the dust has settled and you've treated your injuries, it's time to seek professional legal advice. A lawyer from a car accident can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with the court, describing the specific claims that you're making and the amount you're seeking in damages. The document is usually written by your attorney, and then filed with the court and served to the defendant.

The discovery phase starts and allows both parties to share information regarding their claims and defenses. The process can be long and requires both parties to review many documents, including police reports, witness statements medical records, bills and more. Each side may ask for interrogatories, which are a set of questions which the other party must answer under oath, within a specific deadline.

During this stage, you lawyer will also collaborate with medical professionals to obtain an accurate picture of your injuries and the impact that they've had on your life. Your attorney will calculate the total damages. This will include past and upcoming medical expenses, lost wages, pain and suffering and more.

Sometimes, Accident Law Firms your lawyer may be able to negotiate an agreement with the responsible driver's insurance company. This is more likely following discovery and prior to trial. If the insurance company doesn't agree to a fair settlement or if the damages are substantial and not covered by insurance, then you may need to go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident case. This is when your attorney and the negligent insurer of the driver exchange information that could support or hurt your claim. Your attorney will request copies of documents to support your case. These include police reports medical bills, as well as work loss documents from your employer (showing the length of time you've missed due to the accident) photos of your vehicle as well as any injuries or damages as well as other financial data. Your attorney may also employ written discovery tools such as interrogatories or requests for production as well as requests for admissions to question witnesses and other parties that aren't 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, which have to be sworn to in oath and to provide copies of specific documents or other information that could be useful to your case.

Your Long Island car accident lawyer will also take depositions of witnesses to the collision and also anyone who has information about your injuries or damages that could be important to your case. During a deposition, the lawyer representing the at-fault party will ask you questions and your answers are recorded on video by an official court reporter or recorded.

The pretrial investigation process is designed to help your lawyer create a compelling case against the at-fault person and their insurance company in order to secure a fair settlement for all of your damages or losses, as well as expenses. There is no guarantee of a settlement in every case but most do so during or after the investigation process, which is often completed prior to the trial.

4. Trial

Trials are a possibility in situations where you and the insurance provider disagree about who is at fault or the amount you should receive for your injuries. A trial is a formal process in which both parties argue and present evidence to a factfinder who makes a decision to resolve the dispute. In personal injury cases the factfinder usually a jury.

During the trial, your lawyer will give your account of the events in opening statements to the jury, and any supporting evidence you have, such as images or videos of the accident scene, witness testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You can also give your testimony regarding your memory of the incident and how it had an impact on your life. Expert witnesses can also testify to support your claims. The lawyer for the defendant can cross-examine witnesses and challenge to admissibility of some evidence.

At trial, the jury must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will look at the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate causes focuses on the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. It's also a complex issue because it is contingent on the degree of your injuries and the amount to which you've suffered. Your lawyer will provide evidence, including expert testimony, about the severity of injuries, lost income and future earning potential, as well your suffering and impairment.

5. Settlement

Each state has a specific legal deadline, also known as the statute of limitations where you have to settle your claim or make a claim. If your lawyer cannot come to a deal with the insurer, accident law firms you may have to start a lawsuit in the courtroom. It can be lengthy and expensive, yet it is usually required to seek compensation.

During the process of discovery, 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 to request the court for certain things, such as the exclusion of certain kinds of evidence during trial. Settlement negotiations can continue during this process. A lot of civil disputes are settled before trial is required.

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. In addition, settlement is quicker and less risky for them than a trial.

Before agreeing to an agreement, it's important to understand the severity of your injuries and that you have completed all medical treatment. You could lose out on additional compensation if you accept an offer of settlement until your doctor has confirmed that you have achieved the point of maximum improvement. Additionally, you should not sign a release until you've talked to your lawyer and have a complete understanding of your losses. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully review your medical records and other documents to make sure that you receive the total amount of damages to which you are entitled.