The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if an insurance company refuses to provide you with the amount you need for your injuries. This letter will detail all of your financial damages such as medical costs and lost wages, as also non-economic damages such as pain and discomfort.

Then, a judge or jury will decide. If they rule in your favor they will award you damages and the defendant will be required to pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident lawyers can assist your attorney in determining what actually transpired in the collision, including the location of both cars after impact, skid marks, road debris and other physical evidence. Also, take note of the names and phone numbers of any witnesses who witnessed what happened. Witnesses that testify to support your version of what happened is crucial as it could be common for drivers to have conflicting versions of what transpired, which results in insurance companies refusing to accept the claim or even denying responsibility completely.

Other types of evidence your lawyer may use include medical records, which may include bills, receipts diagnose reports, lab results, discharge guidelines, and other documentation that demonstrate the severity of your injuries. You should seek these records as soon as possible and provide copies to your healthcare providers.

A deposition is another form of evidence your lawyer could employ. It is a non-in the court testimony that is under oath, and then translated by a court reporter. Your lawyer can utilize the testimony to prove that your injuries have had an immediate and clear connection to the crash and can be used to justify compensation for your damages. Although the majority of the above kinds of evidence can be obtained at the scene or within a short time after, some of them may not be available until later in the litigation process. It is essential to contact an attorney in the case of a car crash with the right credentials as soon as you can to start an inquiry as evidence is in its purest form.

2. Filing a complaint

Once the dust has sunk and you've treated your injuries, it's time to seek professional legal advice. A lawyer from a car accident can give you the experience to maximize your compensation.

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

This also initiates the discovery phase which allows both sides to exchange information and evidence related to their defenses and claims. The process can take a considerable duration and both teams will require a thorough review of documents, including police records and witness statements. They may also have to look at medical documents or bills, as well as other documents. Each side may request interrogatories. These are a series of questions which the other side must answer under oath in an agreed upon timeframe.

In this phase, your lawyer will also collaborate with medical professionals to ensure they have a complete picture of the extent of your injuries and the impact they've affected your daily routine. Your lawyer will determine your total damages. This will include past and upcoming medical expenses as well as lost wages, pain and Accident Lawsuit suffering and more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver at the fault. This is more likely to happen after discovery and before the trial. If the insurance company does not agree to an equitable settlement, or if your losses are substantial and not covered by insurance, you may be required to appear in court. A judge or jury will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident where your lawyer and the negligent driver's insurance company exchange information that could help or hurt your claim. Your attorney will ask for copies of documents that support your case, including medical bills, police reports as well as work loss records (e.g. the records from your employer showing how much time you missed work due to the accident) 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 tools for discovery are used to exchange information between attorneys on both sides. They give the opposing side an opportunity to reply to questions in writing, which must be sworn to in oath and to supply copies of certain documents and other information which could be beneficial to your case.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident, as well as anyone with information on your injuries or damages that could be pertinent to your case. In a deposition, the at-fault party's lawyer will ask you various questions, and your responses will be recorded on video or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to present an argument that is persuasive and strong to the at-fault party and their insurer, so that you can secure an adequate and fair settlement for your injuries, losses and expenses. Although there is no guarantee that all cases will settle, the majority do during or after the discovery process, which can often be completed before your case is brought to trial.

4. Trial

Trials can be arranged in situations where you and the insurance provider disagree regarding the fault of the other party or the amount of compensation you should be awarded for your injuries. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder, who makes a ruling that resolves the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will 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 accident scene, testimony from bystanders and medical professionals, as well as documents like medical bills and police reports. You can also testify about your memory of the incident, and how it affected your life. Expert witnesses can also offer evidence to support your assertions. The defendant's attorney can cross-examine witnesses and challenge the admissibility of specific evidence.

The jury will decide at trial whether the plaintiff's injuries was caused by the defendant's negligence. They will examine proximate causes, a complex legal concept that law school students spend hours studying. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. This is a complicated issue due to how severe your injuries are and the severity of your losses. Your attorney will provide evidence including expert testimony about the severity of injuries, lost income and future earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Every state has a legal deadline, referred to as the statute of limitations where you have to settle your claim or start a lawsuit. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you might need to file a car accident lawsuit in the court. It can be time-consuming and expensive, but it is usually required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal process where both sides exchange information with each other). Your lawyer will also file legal documents, referred to as motions to request the court for things like the exclusion of certain kinds of evidence during trial. Settlement negotiations can be ongoing during this process. Many car accident civil disputes are resolved before a trial is needed.

If they feel that your injury claim is solid and you are willing to go to trial Insurance companies will offer an honest settlement offer. In addition the settlement process is quicker and less risky than a trial.

Before you agree to an agreement, it is important to understand the extent of your injuries and have completed all medical treatments. You may not receive additional compensation if you agree to the settlement until your physician has confirmed that you have achieved the maximum level of improvement in your medical condition. It is also important not to sign a release before you've spoken with your lawyer about the damages. Your attorney will ensure that you do not be denied compensation that is valuable. They will carefully review your medical records and other evidence to make sure that you receive the entire amount of damages to which you are entitled.