The First Steps in Car Accident Litigation

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

Then a jury or accident lawsuit judge will decide. If they rule in your favor, they will make you a victim and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit that involves a car accident it is essential to prove negligence in obtaining compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports, like police reports, and other official reports.

Photographs of the scene of the accident law firm could aid your lawyer in determining what actually transpired in the crash, including the position of both cars following the impact, skid marks road debris and other evidence that is physical. Note down the names and phone numbers of any eyewitnesses that witnessed what happened. Witnesses that testify to support 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 deny responsibility completely.

Medical records can also be used by your lawyer to establish the extent of your injury. These documents may include receipts, bills laboratory results, diagnosis reports, discharge instructions and other forms of documentation. You should get these records as soon as you can, and also provide copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney can utilize. It's an out-of court statement made under oath. It is then transcribing by a Court Reporter. The lawyer can use the testimony to prove that your injuries have had an immediate and clear connection to the accident which can help justify compensation for your damages. The majority of the evidence listed above can be obtained at the scene of the accident or shortly afterwards however some evidence may not be available until later in the legal process. This is why it's crucial to speak with a well-credentialed car accident lawyer as soon as you can, so they can begin an investigation as evidence is in its most pure form.

2. How to file a complaint

After the dust has settled and you've taken care of your injuries, seek legal guidance from an expert. An attorney for car accidents can provide the expertise needed to help you obtain maximum compensation for your claim.

The first step is to file a complaint with the court. It will describe your specific claims as well as the amount of money you'd like to recover in damages. The document is usually written by an attorney, and filed in the court. It is also served to the defendant.

It also kicks off the discovery phase which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can be long and requires both sides to review many documents, including police reports and witness statements medical records, bills and more. Each side is able to request interrogatories. They are a set of questions which the other side must answer under oath in a specified time frame.

In this phase, your lawyer will also work closely with medical professionals to obtain a full picture of your injuries and the impact they've caused on your life. Your lawyer will then estimate the total damages you have suffered that include past and future medical expenses as well as lost earnings, pain and suffering and much more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver who is at the fault. This will most likely take place after the completion of discovery, but before trial. If the insurance company is unable to negotiate a fair settlement or if you've incurred substantial damages that aren't covered by the insurance policy, the case may go to trial. A jury or judge will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. This is where your attorney and negligent insurance company of the driver exchange information that could help or derail your claim. Your attorney will ask for documents that can support your case, such as police reports, medical bills and work loss records (e.g. an email from your employer indicating how much time you missed work because of the accident), photographs of your vehicle, any injuries or damages and other financial information. Your lawyer will also make use of documents for discovery in writing, such as interrogatories, requests for production and requests for admissions to question witnesses and other parties that are not present in the case.

These documents are used to exchange information between attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, which have to be answered under oath and to provide copies of certain documents or other data which could be beneficial to your case.

Your Long Island car corona accident lawyer lawyer will also conduct depositions of people who are witnesses to the accident, as well as anyone with information regarding your injuries or damages that could be relevant to your case. During a deposition the lawyer representing the person at fault will ask you questions and your responses are recorded on video by a court reporter or transcribing.

The goal of these pre-trial investigation procedures is to enable your lawyer to present an argument that is convincing and persuasive to the responsible party and their insurer, so that you can secure a full and fair settlement for your losses, injuries and expenses. While there is no guarantee that every case will settle, the majority do either during or after the discovery process, which is often be completed prior to the time your case goes to trial.

4. Trial

Trials are possible in cases where you and the insurance company are not in agreement about who is at fault or the amount you are entitled to for your injuries. A trial is a formal hearing in which both sides present arguments and evidence to a factfinder, who issues a decision which settles the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any supporting evidence like photos or videos of the scene of the accident or testimony from witnesses, medical professionals, as well as documents such police reports and bills. You may also testify about your memory of the incident, and how it affected your life. Expert witnesses are also able to testify in support of your claims. The defendant's lawyer can cross-examine the witnesses and object to the admissibility of evidence.

At trial, the jury has to decide if the plaintiff's injuries were the result of the negligence of the defendant. They will consider proximate cause which is a tangled legal concept that lawyers spend countless 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. This is a thorny issue, as it depends on how severe your injuries are and the severity of your losses. Your attorney will present evidence which includes expert testimony regarding the severity of injuries loss of income, future earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Each state establishes a legal deadline, commonly referred to as the statute of limitations, that you must meet to settle your claim or make a claim. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you might be required to file a vehicle accident lawsuit in court. It can be time-consuming and costly, but it is usually necessary to pursue compensation.

During the discovery procedure, 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, referred to as motions to request the court to consider the exclusion of certain kinds of evidence during trial. Settlement negotiations can continue during this process. A lot of civil disputes are resolved before trial is required.

Insurance companies are more likely to offer fair settlement offers if they believe that your claim for injury is solid and you'll be willing to take the case to trial. Additionally settlement is quicker and less risky for them than a trial.

It is essential to understand your injuries prior to an agreement. It is also important to have completed all medical treatments. You could lose out on additional compensation if you accept a settlement until your doctor has confirmed that you have achieved the level of medical improvement that is the highest. You should also not sign a release until you've met with your lawyer and have full understanding of your damages. Your lawyer will ensure that you don't miss out on valuable compensation. They will go through your medical records, and other documents to ensure that you are entitled to all compensation you're entitled to.