The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount of money you need for your injuries, our tenacious attorneys will prepare a formal demand letter. This will list all the economic losses you have suffered including medical expenses and lost wages, as well as non-economic damages like suffering and pain.

A jury or judge will then make a ruling. 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 lawsuit for a car accident, proving the negligence and liability is essential to receive compensation for your injuries and losses. Gathering evidence is among the first steps of the process of litigation, and it involves collecting documents including photographs, witness statements and official reports like police reports.

Photographs of the scene of the accident can assist your attorney in determining what actually happened in the collision, including the positions of both cars following the collision, skid marks, road debris, and other physical evidence. Also, keep track of the names and phone numbers of any witnesses who witnessed what occurred. Having witnesses testify that corroborate your account of the events is essential as it could be common for drivers to have contradictory versions of what transpired, which causes insurance companies to refuse to accept the claim, or even deny any responsibility at all.

Medical records can also be used by your lawyer to establish the severity of your injuries. These records could include bills, receipts and lab results, diagnose reports, discharge instructions and other documents. You should obtain these records as soon as you can and be sure to give copies to your healthcare providers.

Another form of evidence that your attorney could use is a deposition, which is a non-court-issued testimony that is given under oath and recorded by a court reporter. Your lawyer could make use of the testimony to prove the fact that your injuries had an immediate and clear connection to the crash which can help justify compensation for your damages. Although the majority of the above kinds of evidence can be obtained at the scene or soon afterward however, some evidence may not be available until later in the litigation process. This is why it's vital to speak with a well-credentialed car accident lawyer as quickly as you can so that they can begin an investigation while vital evidence is still in its most pure form.

2. Filing a complaint

Once the dust has settled and you've taken care of your injuries, it's time to seek professional legal advice. A car accident lawyer can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint with court, which lists the specific claims that you are making and the amount you're seeking in damages. The document is usually written by your attorney, and then filed with the court and then served on the defendant.

The discovery phase begins by allowing both parties to share information about their defenses and claims. The process can be lengthy and requires both teams 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 can require interrogatories. These are a series of questions the other party must answer under oath, within a specific deadline.

In this stage, your lawyer will also collaborate with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your lawyer will then estimate your total damages that will include future and past medical expenses loss of earnings, pain and suffering, and more.

Sometimes, your lawyer could be able to negotiate an agreement with the at fault driver's insurance company. This is more likely to happen following discovery, but before trial. If the insurance company is unable to offer a fair settlement or if you have incurred substantial damages that aren't covered by the insurance policy, your case may move forward to trial. A judge or jury will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. This is where your attorney and the negligent insurer for the driver exchange information that could help or damage your claim. Your attorney will ask for copies of the documents that support your case, such as police reports, medical bills and work loss records (e.g. the records from your employer which reveals how long you missed work due to the accident law firm) photographs of your car and any damages or injuries, and other relevant financial information. Your attorney could also make use of written discovery tools, such as interrogatories and requests for production to question witnesses and other parties who are not present.

These written discovery tools are distributed back and forth between attorneys for both sides. The written discovery tools give the opposing party a chance to answer questions in writing that need to be sworn to under oath, and to provide copies of other information which could be helpful to you.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the carmel accident lawsuit and also anyone with information regarding your injuries or damages that could be pertinent to your case. During a deposition the lawyer representing the party at fault will ask you questions and your answers will be recorded on video by a court reporter or transcribed.

The goal of these pre-trial investigation procedures is to assist your lawyer to create an effective and convincing argument to the party at fault and their insurance company so that you are able to secure a full and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases settle however, the majority of cases settle in the course of or following the discovery process, which is often be completed prior to the time your case is brought to trial.

4. Trial

Trials are possible when you and the insurance company disagree about who is at fault or the amount you should receive for your injuries. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder who makes a decision which settles the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any evidence supporting it like photos or videos of the accident attorney scene, testimony from witnesses and medical professionals, or documents like police reports and bills. You can also provide testimony regarding your recollection of the incident and how it impacted your life. Expert witnesses can also give testimony to support your assertions. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of specific evidence.

In a trial, the jury has to decide whether the plaintiff's injuries were caused by the defendant's negligence. They will look at proximate cause which is a tangled legal concept that lawyers spend countless hours studying in law school. Proximate causes examines the degree of connection between the defendant’s actions and carmel accident lawsuit the plaintiff’s injuries.

A jury is also required to determine the amount of damages you're entitled to. It's also a complex issue because it is contingent on the severity of your injuries as well as the extent to which you've suffered. Your attorney will present evidence which includes expert testimony regarding the severity of injuries that resulted in loss of income and earning potential, as well your pain and suffering as well as impairment.

5. Settlement

Every state has a time limit that you must meet to settle your claim or file an action. This is referred to as the statutes of limitations. If your lawyer cannot reach a settlement with the insurer, you may have to make a court filing. It is costly and time-consuming. However, it is often necessary to get compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where both sides exchange information with the other). Your lawyer will also file legal documents called motions to ask the court for certain things, such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue during this process. Many car accident civil disputes are resolved before a trial is necessary.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and that you will be willing to take the case to trial. Additionally settlement is quicker and less risky than a trial.

Before settling the settlement, it's crucial to fully comprehend the severity of your injuries and have completed all medical treatments. If you accept a settlement before your doctor determines that you have reached your maximum medical improvement (MMI) it is possible to miss out on additional compensation. You should also not sign a settlement agreement before you have consulted with your lawyer about your injuries. Your attorney will ensure that you do not be denied compensation that is valuable. They will carefully examine your medical records and other evidence to ensure that you receive the full amount of damages to that you are eligible.