The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter if the insurance company refuses to pay you the amount you need for your injuries. The letter will outline all of your financial losses such as medical costs and lost wages as well as non-economic damages such as discomfort and pain.

A jury or judge will then make a ruling. 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 that involves an automobile accident the proof of negligence is essential to receiving compensation for your injuries. The gathering of evidence is one of the first steps in the process of litigation, and it involves gathering evidence, documents such as photographs, witness testimony as well as official reports like police reports.

Your attorney might be able to establish what transpired in the incident by taking photographs of the scene, including skid marks or road debris, as well as other physical evidence. Take down the names and contact numbers of any witnesses who saw what transpired. Witnesses who testify to corroborate your account of events is important as it could be common for drivers to have contradictory versions of what transpired, which leads to insurance companies refusing to accept the claim or even denying the responsibility completely.

Other types of evidence your lawyer could use include medical records. These could include bills, receipts, diagnosis reports, lab results, discharge instructions and other documents that show the severity of your injuries. You should obtain these records as quickly as you can and send copies to your healthcare professionals.

A deposition is yet another type of evidence your lawyer can employ. It's an out-of the court testimony that is under oath and later recorded by a Court Reporter. Your lawyer can use the testimony to prove the fact that your injuries had an immediate and clear connection to the crash, which helps justify requesting compensation for your injuries. Most of the evidence discussed above is available at the site of the accident or soon after however some evidence may not be available until later in the legal process. It is crucial to contact a car accident lawyer with the right credentials immediately so that they can begin an inquiry when the evidence is in its most pure form.

2. Filing a Complaint

Once the dust has sunk and you have tended to your injuries, it's the time to seek legal advice from a professional. A car accident attorney can provide the expertise needed to help you get the most compensation for your claim.

The first step is to file an application with the court. It will describe your specific claims as well as the amount you want to recover in damages. The document is usually drafted by your lawyer and filed with the court and served to the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and documents related to their claims and defenses. The process can take a long time, and both teams will require a thorough review of documents like police reports and witness statements. They may also have to look at medical documents or bills, as well as other documents. Each side may request interrogatories, which are a set of questions which the other party must answer under oath within a specified time frame.

Throughout this process the lawyer will collaborate with medical professionals to ensure they have a complete picture of the severity of your injuries as well as the impact they've affected your daily routine. Your lawyer will then estimate the total damages you have suffered including the future and past medical expenses, lost earnings, pain and suffering and much more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver who is at fault. This is more likely after discovery and prior to 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 could be required to appear in court. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident case. It is the point at which your attorney and the negligent insurer of the driver exchange information that could support or undermine your claim. Your attorney will request copies of the documents that support your case, such as police reports, medical bills, work loss records (e.g. documents from your employer showing how much time you missed work due to the accident) photos of your car and any injuries or damages or other pertinent financial information. Your lawyer will also make use of documents for discovery in writing, such as interrogatories and requests for production, as well as requests for admissions to question witnesses and other parties who are not present in the case.

The written discovery tools are distributed back and forth between attorneys on both sides. They give the opposing party an opportunity to reply to questions in writing, that must be sworn to under oath, and to provide copies of specific documents or other information that may be relevant to your case.

Your Long Island car accident law firm attorney will also depose witnesses and any other person with information about your injuries or damages which could be essential to your case. During a deposition lawyer for the person who is at fault will ask you several questions, and your answers will be recorded on video, or transcribed by a court reporter.

These pretrial investigation procedures are designed to assist your lawyer create a compelling argument against the person at fault and their insurer to obtain a fair settlement for all your losses, injuries and losses, costs and expenses. There is no guarantee of a settlement in each case but the majority of cases do so after or during the investigation process, which is often completed before the trial.

4. Trial

Trials are possible where you and the insurance provider disagree about who is at fault or the amount of compensation you are entitled to for your injuries. A trial is an official proceeding in which both parties argue and present evidence to a factfinder who will make a decision to resolve the dispute. In personal injury cases the factfinder usually a jury.

During the trial your lawyer will present your version of events in your opening statements to the jury along with any supporting evidence you may have, such as photographs or videos of the accident scene, accident lawyer testimony from witnesses and medical professionals, and documents such as medical bills and police reports. You can also provide testimony regarding your memory of the incident and how it has changed your life. Expert witnesses can also offer evidence to support your claims. The attorney representing the defendant may cross-examine witnesses, and argue against the admissibility of specific evidence.

At trial, the jury must determine if the plaintiff's injuries were caused by the defendant's negligence. They will look at proximate cause, a complicated legal concept that lawyers spend many hours studying in law school. Proximate causes focuses on 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 degree of your injuries and the degree to which you've suffered. Your attorney will present your evidence including expert witness testimony regarding the severity of your injuries, your loss of income and future earnings potential as well as your suffering and pain disfigurement, impairment, and.

5. Settlement

Every state has a time limit within which you can settle your claim, or even file an action. This is referred to as the statutes of limitations. If your lawyer can't negotiate a settlement with the insurer, you might have to start a lawsuit in the courtroom. This can be time consuming and expensive, but it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal process where both sides exchange information with one another). Your lawyer will also file legal documents known as motions to ask the court for things like the exclusion of certain types of evidence during trial. Settlement negotiations can continue throughout the process, and a lot of civil disputes arising out of car accidents will end before a trial needs to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is solid and that you are willing to take the case to trial. Settlements are faster and less risky compared to an in-court trial.

It is crucial to understand your injuries prior to a 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. You should also not sign a release until you've talked to your lawyer and had an accurate understanding of your losses. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will look over your medical records, and other documentation, to ensure that you receive all the compensation you're entitled to.