The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount of money you need for your injuries, our hard-working attorneys will prepare an official demand letter. It will detail all your economic damages such as medical bills and lost wages, and non-economic damages, such as suffering and pain.

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

1. Gathering Evidence

In a lawsuit that involves an accident lawyers in a car it is essential to prove negligence to obtaining compensation for your injuries. The gathering of evidence is one of the first steps of the litigation process, and it involves gathering evidence, documents, photographs, witness testimony as well as official reports like police reports.

Your lawyer might be able to determine the circumstances of the accident by taking photographs of the scene, which include skid marks and road debris as well as other physical evidence. Record the names and phone numbers of any eyewitnesses that witnessed what transpired. Witnesses who testify that confirm your version of the events is essential especially as it can be common for drivers to have contradictory accounts of what happened that leads to insurance companies refusing to accept the claim or denying any responsibility at all.

Medical records can also be used by your lawyer in order to prove the severity of your injuries. These documents may include receipts, bills and lab results, diagnose reports, discharge directions and other documents. You should obtain these records as soon as possible and provide copies to your healthcare providers.

A deposition is another form of evidence your lawyer can make use of. This is an out-of court statement made under oath, which is then translated by a court reporter. Your lawyer could use this testimony to establish your injuries had an immediate, obvious connection to the accident. This is a good argument to support requesting compensation. Most of the evidence mentioned above can be obtained at the scene of the crash or shortly after however some evidence may not be available until later in the litigation. This is why it's vital to talk to a reputable lawyer in the event of a car accident law firms as soon as you can, so they can begin investigating as evidence is in its purest form.

2. Filing a Complaint

After the dust has cleared and you've taken care of your injuries, seek legal advice from an expert. A car accident lawyer can provide you with the knowledge to maximize your compensation.

The first step is to file an application with the court. It will describe your specific claims as well as the amount of money you wish to recover in damages. This document is typically drafted by your attorney, and then filed with the court and served to the defendant.

The discovery phase begins by allowing both parties to share information regarding their defenses and claims. The process can be long and requires both sides to examine a variety of documents, including police reports as well as witness statements medical records, invoices and much more. Each side may demand interrogatories. They are a series of questions that the other party must answer under oath by a predetermined timeframe.

Throughout this stage your lawyer will collaborate with doctors to ensure they have a complete picture of the extent of your injuries and the impact they have had on your daily life. Your lawyer will then calculate your total damages that will include the future and past medical expenses loss of earnings, pain and suffering, and more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver who is at fault. It is likely to occur following the conclusion of discovery, but before trial. However, if the insurance company is unable to offer a fair settlement or if you have incurred significant losses that aren't covered by the insurance policy, the case may move forward to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident in which your attorney and the insurance company exchange information that could support or damage your claim. Your attorney will request copies of the documents supporting your case, such as police reports, medical bills or work-related loss records (e.g. the records from your employer which reveals how long you missed work because of the accident), photographs of your vehicle, any injuries or damage or other pertinent financial information. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to question parties and witnesses who are not present.

The written discovery tools are sent back and forth between attorneys on both sides. Written discovery tools allow the other side an opportunity to respond to questions in writing, which must be answered under oath and to provide copies or other information that might be useful to you.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the collision as well as anyone who has information about your injuries or damage that could be crucial to your case. In a deposition, the lawyer representing the party at fault will ask you several questions, and your answers will be recorded on video, or transcribed by a court reporter.

The goal of these pretrial investigation processes is to enable your lawyer to construct an effective and convincing argument to the responsible party and their insurer so that you can receive an adequate and fair settlement for your losses, injuries and expenses. While there is no assurance that all cases will settle however, the majority settles in the course of or following the discovery process, which can often be completed prior Accident Lawyer to the time your case is brought to trial.

4. Trial

Trials can be arranged in situations when you and the insurance company are not in agreement on the source of your fault or the amount of compensation 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 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 have, including images or videos of the accident scene, testimony from witnesses and medical professionals, and documents like police reports and medical bills. You can also offer testimony regarding your recollection of the incident and how it changed your life. Expert witnesses are also able to testify in support of your claims. The lawyer representing the defendant can cross-examine witnesses and object to the admissibility or validity of certain evidence.

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

A jury is also required to decide how much compensation you're entitled to. This is a thorny issue, as it depends on the severity of your injuries and the extent of your losses. Your lawyer will present evidence which includes expert witness testimony on the severity of your injuries, your loss of income, and future earnings potential in addition to your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Each state has a deadline within which you can settle your claim or bring an action. This is known as the statutes of limitations. If your lawyer can't reach a settlement with the insurer, you might have to make a court filing. It can be time-consuming and expensive, but it is usually necessary to pursue compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where both sides exchange information with the other). Your attorney will also make legal filings, also known as motions, asking the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout this process. A majority of car accident civil disputes are settled before trial is required.

If they believe your injury claim is solid and you are willing to go to trial insurance companies will make an acceptable settlement offer. Settlements are quicker and less risky than an in-court trial.

It is essential to be aware of the extent of your injuries prior to agreeing to the settlement. You should also have completed all medical treatment. You could be denied additional compensation if settling the settlement until your physician has confirmed that you have achieved the level of medical improvement that is the highest. It is also important not to sign a release before you have spoken with your lawyer about your damages. Your lawyer will make sure that you do not lose out on the valuable compensation. They will look over your medical records and other documentation to ensure that you receive all damages that you are entitled to.