The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount you need to cover your injuries, our tenacious lawyers will draft a formal demand letter. It will detail all the economic losses you have suffered including medical expenses and lost wages, as well as non-economic damages, like pain and suffering.

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

1. Gathering Evidence

In a lawsuit for a car accident the proof of negligence and liability is the most important aspect to obtain compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports such as police reports, and other official reports.

Your attorney might be able to determine what transpired in the accident by taking pictures of the scene, including skid marks or road debris, as well as other physical evidence. Note down the names and contact information of any witnesses who saw the incident. Witnesses who testify to corroborate your account of what happened is crucial, especially since it can be common for drivers to have contradictory versions of what transpired, which can lead to insurance companies refusing to accept the claim or denying responsibility altogether.

Medical records can also be used by your lawyer to establish the severity of your injury. They could include bills, receipts laboratory results, diagnosis reports, discharge directions and other documents. You should seek these records as soon as possible and ensure that you give copies to your healthcare professionals.

Depositions are another form of evidence that your attorney might use. It is a non-in court testimony under oath, which is then recorded by a Court Reporter. Your lawyer may make use of this testimony to prove your injuries had an obvious, predicable connection to the accident. This is a good argument to support the need for compensation. Most of the evidence mentioned above can be gathered at the site of the accident or soon after however, some might not be available until later in the litigation. This is why it's important to consult a highly-credentialed lawyer for car accidents as soon as you can, so they can begin the investigation as evidence is in its purest form.

2. Filing a Complaint

Once the dust has sunk and you've treated your injuries, it's the time to seek expert legal advice. A lawyer who has handled car accidents can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with the court. This will outline your specific claims as well as the amount of money you wish to recover in damages. This document is usually drafted by an attorney, and filed in court. It will also be delivered to the defendant.

The discovery phase starts and allows both parties to exchange information about their defenses and claims. The process can take a long time and both teams may be required to examine a large number of documents, including police reports and witness statements. They may also have to examine medical records and bills as well as other documents. Each side can request interrogatories. These are a set of questions that the other side must answer under oath in an agreed upon timeframe.

During this stage, you lawyer will also collaborate with medical professionals to obtain the full picture of your injuries and the impact that they've affected your life. Your lawyer will estimate your total damages. This includes future and past medical expenses as well as lost wages, the pain and suffering of others, and many more.

Your lawyer could be able to reach a settlement deal with the insurance company of the driver who is at the fault. This is more likely to happen after discovery and before the trial. If the insurance company does not agree to a fair settlement or if the damages are significant and not covered by insurance, then you might be required to appear in court. A jury or judge will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident the attorney representing you and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will ask for copies of documents to support your case. These documents include police reports, medical bills and work loss documents from your employer (showing the length of time you missed due to the hastings accident law firm) photos of your vehicle and any damages or injuries as well as other financial data. Your lawyer will also make use of written discovery tools like interrogatories request for production, interrogatories and requests for admissions in order to question witnesses and other parties that are not present in the case.

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

Your Long Island car accident attorney will also interview witnesses and anyone who has information about the damages or injuries you sustained that could be crucial to your case. During a deposition, the lawyer representing the person at fault will ask you questions, and your answers will either be recorded on video by an official court reporter or recorded.

The purpose of these pre-trial investigation procedures is to enable your lawyer to build an argument that is persuasive and strong against the at-fault party as well as their insurer in order that you are able to secure an equitable and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case but most occur during or after the investigation process, which is usually completed before the trial.

4. Trial

The majority of car accidents are resolved through informal negotiations, if you and the insurance company are not in agreement about who is to blame or the amount of compensation you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal hearing where both sides present arguments and evidence to a factfinder who makes a decision that settles the issue. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will be able to give your account of the events in your opening statements to the jury, as well as any other evidence you may have, such as photographs or videos of the lansing accident law firm scene, testimony from witnesses and medical professionals, as well as documents such as medical bills and police reports. You can also testify about your personal memories of the incident, and how it affected your life. Expert witnesses can also testify to support your assertions. The defendant's attorney can interrogate witnesses and contest the admissibility of specific evidence.

In a trial, the jury will decide whether the plaintiff's injuries were the result of the defendant's negligence. They will look at proximate causes, a complex legal concept that law students spend hours studying. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury is also required to determine how much damages you're entitled to. This is a more complicated matter due to how severe your injuries are and the extent of your losses. Your lawyer will present evidence which includes expert testimony about the severity of your injuries, lost income and future earnings potential, as also your pain and suffering and impairment.

5. Settlement

Each state has a specific deadline to settle your claim, or even file an action. This is referred to as the statute of limitations. If your lawyer is not capable of negotiating a fair settlement with the insurance company, then you might be required to file a vehicle accident lawsuit in the court. This can be time consuming and costly, however it is often required to seek compensation.

During this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure in which 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 the exclusion of certain kinds of evidence at trial. Settlement negotiations can continue throughout this process. A lot of civil disputes are settled before a trial is needed.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is strong and that you are willing to take the case to trial. In addition, the settlement process is quicker and less risky for them than a trial.

Before settling on the settlement, it's important that you fully understand the extent of your injuries and have completed all medical treatments. If you sign a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI), you could not be eligible for additional compensation. Additionally, you should not sign the release until you've had a conversation with your lawyer and gained a complete understanding of your damages. Your lawyer will ensure you don't lose out on the valuable compensation. They will scrutinize your medical records as well as other documents to ensure that you are entitled to all damages you are entitled to.