The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if an insurance company refuses to pay you the amount you require for your injuries. This will list all your financial damages including medical expenses and lost wages, as well as non-economic damages, such as pain and suffering.

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

1. Gathering Evidence

In a lawsuit for a car accident the proof of negligence and liability is crucial to get compensation for your losses and injuries. The gathering of evidence is one of the first steps in the litigation process. it requires gathering documents such as photographs, witness testimony and official reports like police reports.

Your lawyer may be able to establish what happened in the accident by taking photographs of the scene, which include skid marks and road debris as well as other physical evidence. Also, note the names and contact details of any eyewitnesses who saw the incident. Having witnesses testify that corroborate your version of events is important particularly since it can be common for drivers to have conflicting versions of what transpired, which causes insurance companies to refuse to accept the claim or even denying responsibility altogether.

Medical records can also be used by your lawyer to prove the severity of your injury. These documents could include bills, receipts as well as lab results, diagnosis reports, discharge instructions and other documents. You should seek these records as soon as possible and send copies to your healthcare professionals.

Depositions are another form of evidence that your attorney might employ. This is an out-of court testimony under oath. It is then transcribing by a Court Reporter. The lawyer can use the testimony to establish that your injuries had an immediate and obvious connection to the crash, which helps justify requesting the compensation you deserve for your damages. Most of the evidence discussed above can be collected at the site of the accident or shortly afterwards however some evidence may not be available until much later in the legal process. This is why it's crucial to speak with a well-credentialed car accident lawyer as quickly as you can, so they can begin investigating when the evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, you should seek legal advice from a professional. A car accident lawyer can offer you the knowledge to maximize your compensation.

The first step is to file a complaint in court, which lists the specific claims you are making and how much money you are seeking in damages. This document is usually drafted by an attorney, and filed in the court. It will also be served on the defendant.

The discovery phase starts, allowing both parties to exchange information regarding their claims and defenses. The process can take a considerable time and both teams will need to review a lot of documents like police reports and witness statements. They might also have to look at medical records or bills, as well as other documents. Both sides can request interrogatories. These are a set of questions which the other side has to answer under oath in the specified timeframe.

In this phase, your lawyer will also work closely with doctors to gather a full picture of your injuries and the impact they've caused on your life. Your lawyer will calculate the total damages. This will include any future medical expenses as well as lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer could be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely after discovery and prior to trial. However, if the insurance company refuses to offer a fair settlement or if you've sustained significant losses that aren't covered by the insurance policy, the case may go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an essential step in any car accident case. This is the time when your attorney and negligent insurance company of the driver exchange information that could support or derail your claim. Your attorney will request copies of the documents supporting your case, such as police reports, medical bills and work loss records (e.g. documents from your employer indicating the amount of time you were absent from work due to the accident) photos of your car and any damages or injuries, and other relevant financial information. Your attorney will also use documents for discovery in writing, such as interrogatories or requests for production as well as requests for admissions in order to question witnesses and other parties that are not part of the case.

These tools for writing discovery are exchanged between attorneys on both sides. Written discovery tools allow the opposing party a chance to respond to questions in writing that need to be answered under oath. They also ask you to provide copies of other information that could be useful to you.

Your Long Island car la grange accident lawyer attorney will also depose witnesses and any other person with information about your injuries or damages that could be crucial to your case. During a deposition, the lawyer representing the party at fault will ask you various questions, and your answers will be recorded on video or translated by a court reporter.

The purpose of these pre-trial investigation procedures is to help your lawyer to build a strong and compelling case to the at-fault party and their insurer in order that you can secure an equitable and fair settlement for your injuries, losses and expenses. Although there is no guarantee that all cases will settle however, the majority of cases settle during or after the discovery process, which can often be completed prior to the time your trial.

4. Trial

The 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, your case may go to trial. A trial is a formal process where both sides submit arguments and evidence to a factfinder, who issues a decision that settles the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any evidence supporting it including photos or videos of the scene of the accident, testimony from witnesses and medical professionals, and documents such as police reports and bills. You may also offer your testimony regarding your memory of the incident and how it has changed your life. Expert witnesses can also testify to back your assertions. The attorney representing the defendant may cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will decide during trial whether the plaintiff's harm was the result of the defendant's negligence. They will consider proximate cause an intricate legal concept that lawyers will spend many hours studying during law school. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. It's also a complicated issue due to the severity of your injuries as well as the degree to which you've suffered. Your lawyer will present evidence that includes expert witness testimony about the severity of your injuries, your lost income, and future earnings potential as well as your suffering and pain, disfigurement, and impairment.

5. Settlement

Every state has a time limit that you must meet to settle your claim, or even file an action. This is referred to as the statutes of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you might have to file a car accident lawsuit in the court. This could be a lengthy process and expensive, yet it is usually required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where each side exchanges information with the other). Your attorney will also prepare legal documents, also known as motions, asking the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can continue throughout this process. A lot of car taylor accident lawyer civil disputes are resolved before a trial is necessary.

If they believe that your claim is legitimate and you are willing to go to trial, insurance companies will make an acceptable settlement offer. The settlement process is also faster and less risky compared to a court trial.

Before you agree to an agreement, it's important to understand the severity of your injuries. You must also have completed all medical treatments. If you sign a settlement before your doctor has determined you have reached maximum medical improvement (MMI) and you are not able to not receive additional compensation. Also, you should not sign a settlement agreement before you've spoken with your lawyer about your damages. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will carefully review your medical records and other documentation to ensure that you receive the entire amount of damages for which you are entitled.