The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you require for your injuries, our hard-working lawyers will draft a formal demand letter. The letter will list all of your economic damages such as medical expenses and lost wages, as also non-economic damages like pain and discomfort.

A judge or jury will then take a call. If they rule in your favor you will be awarded damages, and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident, proving negligence is vital to receiving compensation for your injuries. Collecting evidence is one the initial steps in the process of litigation, and it involves gathering documents including photographs, witness statements and official reports like police reports.

Your attorney may be able to establish what transpired in the accident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Also, keep track of the names and contact information of any eyewitnesses who saw what transpired. It is crucial that witnesses to verify the events that occurred, as it can often be the case that drivers give contradictory statements that result in insurance companies refusing or denial of responsibility.

Medical records can also be utilized by your lawyer to prove the severity of your injury. These documents may include receipts, bills laboratory results, diagnosis reports, discharge instructions, and other documents. You should obtain these records as soon as you can and send copies to your healthcare providers.

Another type of evidence that your attorney may employ is a deposition which is an out-of-court testimonies given under oath and transcribed by a court reporter. Your lawyer may use the testimony to prove the fact that your injuries had an immediate and predicable connection to the crash and can be used to justify the compensation you deserve for your damages. While the majority of these types of evidence can be gathered at the accident scene or shortly thereafter, some of it might not be available until later in the litigation process. It's crucial to speak with an attorney in the case of a car crash with the right credentials immediately to start an investigation as evidence is in its most natural form.

2. How to file a complaint

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

The first step is to file a complaint in court, which details the specific claims that you have filed and the amount you are seeking in damages. This type of document is typically drafted by an attorney, and filed in court. It will also be delivered to the defendant.

This also begins the discovery phase, which allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a long time and requires both sides to look over a number of documents, including police reports, witness statements medical records, invoices and more. Each side can ask for interrogatories, which are a set of questions the other party must answer under oath within a specified date.

In this phase your lawyer will work with medical professionals to ensure they have a complete understanding of the severity of your injuries as well as the impact they have had on your daily life. Your lawyer will estimate your total damages. This will include any future medical expenses as well as lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer might be able to reach an agreement with the at-fault driver's insurance company. This is more likely to occur following discovery and prior to trial. If the insurance company refuses a fair settlement or if the damage is significant and not covered by insurance, you may be required to appear in court. A judge or jury will make a decision on the case based on the evidence presented.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident where your lawyer and the insurance company exchange information that could assist or derail your claim. Your attorney will ask for copies of the documents that support your case, such as police reports, medical bills as well as work loss records (e.g., from your employer which reveals the amount of time you were absent from work due to the accident) photos of your vehicle and any damage or injuries, and other relevant financial information. Your attorney may also use tools for writing discovery, such interrogatories and lawyers requests for production to inquire into witnesses and witnesses who are not present.

These discovery tools written in writing are distributed back and forth between the attorneys from both sides. Written discovery tools allow the opposing side an opportunity to answer questions in writing which must be answered under oath. They also ask you to provide copies or other information which could be useful to you.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident and also anyone with information on 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 a court reporter or transcribing.

The purpose of these pretrial investigation processes is to allow your lawyer to construct an argument that is convincing and persuasive to the responsible party and their insurance company so that you can receive a fair and complete settlement for your injuries, losses and expenses. While there is no guarantee that all cases will settle however, the majority settles either during or after the discovery process, which can often be completed prior to the time your case is brought to trial.

4. Trial

Trials can be arranged in situations when you and the insurance company do not agree on fault or the amount of compensation you are entitled to for your injuries. A trial is an official proceeding in which both sides argue and present evidence to a factfinder who makes an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it including photos or videos of the scene, testimony from witnesses and medical professionals, as well as documents such police reports and bills. You can also testify about your memory of the incident and how it affected your life. Expert witnesses will also provide evidence to back up your claims. The defendant's lawyer can cross-examine witnesses and object to the admissibility or validity of certain 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 proximate cause, a complicated legal concept that lawyers spend many hours studying during law school. Proximate cause considers the relationship 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. This is a more complicated matter because it is contingent on the severity of your injuries and the extent of your losses. Your lawyer will present your evidence which includes expert witness testimony about the severity of your injuries, your loss of income, and future earnings potential and your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Every state has a deadline by which you can settle your claim or bring an action. This is referred to as the statutes of limitations. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you could need to file a car accident lawsuit in the court. It can be costly and time-consuming, but this is often necessary to get compensation.

During this process, your Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and attend hearings. Your lawyer will also make legal filings, also known as motions, which ask the court to do things such as excluding certain types evidence from trial. Settlement negotiations can continue throughout this process. A majority of car wildwood accident lawyer civil disputes are settled before a trial is needed.

If they feel that your injury claim is solid and you are willing to go to trial the insurance company will offer a fair settlement offer. Additionally, the settlement process is more efficient and less risky than a trial.

It is crucial to fully understand the extent of your injuries prior to agreeing to the settlement. You must also have completed all medical treatments. If you accept a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI) then you could be denied additional compensation. Also, you should not sign a release until you've met with your lawyer and had full understanding of your damages. Your attorney will ensure that you do not lose out on the valuable compensation. They will review your medical records, and other documentation to ensure that you are entitled to all the compensation you're entitled to.