The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if the insurance company refuses to pay you the amount you need for your injuries. It will detail all the economic losses you have suffered like medical bills and lost wages, as well as other damages that are not economic, like pain and suffering.

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

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is crucial to get compensation for your losses and injuries. The first step in the lawsuit process is to collect 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 vehicles after collision, skid marks, road debris and other evidence that is physical. Note down the names and phone numbers of any eyewitnesses that witnessed the incident. It is crucial that witnesses confirm the events took place, as it can often be the case that drivers provide contradictory stories that lead to insurance companies denying or refusing responsibility.

Medical records can also be utilized by your lawyer in order to prove the severity of your injuries. These documents could include receipts, bills laboratory results, diagnosis reports, discharge instructions and other records. You should get these documents as soon as is possible and ensure that you give copies to your healthcare professionals.

A deposition is yet another type of evidence your lawyer can employ. It's an out-of court statement made under oath. It is then recorded by a Court Reporter. Your lawyer may use the testimony to prove that your injuries have had an immediate and obvious connection to the accident, which helps justify requesting compensation for your injuries. While the majority of the above types of evidence are gathered at the accident scene or shortly afterward, some of them may not be available until later in the litigation process. This is why it's crucial to speak with a well-credentialed car accident lawyer as soon as possible, so that they can begin the investigation as evidence is in its most pure form.

2. The process of filing a complaint

After the dust has settled and you've taken care of your injuries, seek legal advice from a professional. A car accident attorney can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is filing a complaint with the court. The complaint will detail your specific claims as well as the amount you'd like to claim in damages. The document is usually written by your attorney and filed with the court, and then served to the defendant.

This also begins the discovery phase that allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can be long and requires both sides to examine a variety of documents, including police reports as well as witness statements and medical records, as well as bills and more. Each side is able to request interrogatories. These are a series questions that the other side has to answer under oath in the specified timeframe.

Throughout this stage, your lawyer will also collaborate with medical professionals to ensure they have a complete understanding of the severity of your injuries as well as the impact they've had on your daily life. Your attorney will calculate your total damages. This includes future and past medical expenses, lost wages, the pain and suffering of others, and many more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver at fault. This is likely to occur after the completion of discovery and prior to trial. If the insurance company doesn't agree to an acceptable settlement, or if the damage is important and not covered by insurance, then you could be required to go to trial. A jury or judge will decide the case on the basis of all the evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will request copies of the documents supporting your case, including medical bills, police reports as well as work loss records (e.g. documents from your employer that outlines how much time you missed work due to the guttenberg accident lawyer) photos of your car and any injuries or damages, and other relevant financial information. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These written discovery tools are circulated back and forth between attorneys of both sides. Written discovery tools allow the opposing side a chance to answer questions in writing that need to be answered under oath and to provide copies of other information that might be useful to you.

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

The purpose of these pretrial investigation processes is to assist your lawyer to build an argument that is convincing and persuasive to the responsible party and their insurance company so that you can receive a full and fair settlement for your injuries, losses and expenses. Although there is no assurance that all cases will settle however, the majority settles at the end of or following the discovery process, which can be completed before the trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations, if you and the insurance company disagree about fault or how much compensation you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder who issues a decision that settles the issue. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will explain your story in your opening statements to the jury, along with any supporting evidence that you have, like pictures or videos of accident scene, testimony from people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You can also testify about your memories of the incident and how it impacted your life. Expert witnesses can also offer evidence to back up your assertions. The lawyer of the defendant may cross-examine witnesses and challenge to admissibility of some evidence.

The jury will decide in the trial if the plaintiff's injury was caused by the defendant's negligent conduct. They will look at the proximate causes, which is a complicated legal concept that law school students spend hours studying. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury is also required to decide how much compensation you're entitled to. It's also a complicated issue because it depends on the extent of your injuries and the extent to which you've suffered. Your attorney will present your evidence, including expert testimony from a witness regarding the severity of your injuries, the loss of income, and future earnings potential and your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Every state has a deadline to resolve your claim or file an action. This is known as the statutes of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you could require filing a car accident lawsuit in the court. It can be lengthy and costly, but it is often necessary to pursue compensation.

During this procedure during this process, your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents, referred to as motions to ask the court for certain things, such as not allowing certain types of evidence during trial. Settlement negotiations may continue throughout the entire process, and a majority of car accident civil disputes end before a trial needs to be held.

If they believe that your injury claim is legitimate and you are willing to go to trial insurance companies will make an acceptable settlement offer. Settlement is more efficient and less risky than the court trial.

Before agreeing to a settlement, it is crucial to fully comprehend the severity of your injuries. You must also have completed all medical treatment. You could be denied additional compensation if you agree to the settlement until your physician has concluded that you have reached the maximum medical improvement. You should also not sign a settlement agreement before you have spoken to your lawyer about your damages. Your lawyer will ensure that you don't lose out on valuable compensation. They will scrutinize your medical records and other documentation, to ensure that you are entitled to all damages that you are entitled to.