The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter in the event that the insurance company refuses to provide you with the amount you require for your injuries. This will list all your economic damages including medical expenses and lost wages, as well as other damages that are not economic, like pain and suffering.

Then, a judge or jury will then make a decision. If they rule in your favor they will make you a victim and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in the car the proof of negligence is essential to receive compensation for your injuries. Collecting evidence is one the first steps of the litigation process. it requires gathering documents witnesses' testimony, photographs, and official reports like police reports.

Photographs of the scene of the accident might help your attorney establish what happened during the accident, including the position of both cars following the impact, skid marks road debris and other evidence that is physical. Also, take note of the names and contact numbers of any witnesses who witnessed what happened. Having witnesses testify that corroborate your account of what happened is crucial, especially since it can be common for drivers to have contradictory versions of what transpired, which leads to insurance companies refusing to accept the claim or denying responsibility altogether.

Medical records can also be used by your lawyer to establish the severity of your injury. These records could include receipts, bills laboratory results, diagnosis reports, discharge instructions and other documents. You should get these records as quickly as possible and provide copies to your healthcare professionals.

Another form of evidence your attorney could employ is a deposition which is an out-of court testimony delivered under oath and recorded 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 which can help justify compensation for your losses. While the majority of the above types of evidence can be obtained at the scene or within a short time after however, some evidence may not be available until later in the litigation process. This is the reason it's essential to contact a reputable car accident lawyer as quickly as you can so that they can begin investigating when the evidence is in its purest form.

2. Making a Complaint

Once the dust has sunk and you've treated your injuries, it's time to seek professional legal advice. A lawyer who has handled car accidents can offer you the knowledge to maximize your compensation.

The first step is to file a complaint in the court, describing the specific claims you are making and the amount of money you are seeking in damages. This document is typically drafted by your attorney, and then filed with the court, and then served to the defendant.

This also initiates the discovery phase that allows both sides to exchange information and documents related to their defenses and claims. The process can be long and requires both teams to review many documents, including police reports, witness statements, medical records, bills and much more. Each side is able to request interrogatories. They are a set of questions which the other side has to answer under oath within the specified timeframe.

During this stage, you lawyer will also work closely with doctors to get the full picture of your injuries and the impact they've affected your life. Your lawyer will determine your total damages. This will include past and upcoming medical expenses as well as lost wages, suffering and pain, and much more.

Sometimes, your lawyer may be able to reach an agreement with the at-fault driver's insurance company. This is more likely to occur after discovery and before the trial. If the insurance company is unwilling to offer a fair settlement, or if your damages are substantial and not covered by insurance, then you may be required to go to trial. A judge or jury will make a decision in the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident, where your attorney and the insurance company of the negligent driver company exchange information that could aid or hinder your claim. Your attorney will ask for copies of documents to prove your case. These include police reports, medical bills and work loss records from your employer (showing the amount of time you were absent due to the accident) photographs of your vehicle and any damages or injuries, and other financial information. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to inquire into parties and witnesses who are not present.

These written discovery tools are exchanged back and forth between the attorneys of both sides. The written discovery tools give the other side an opportunity to respond to questions in writing that need to be answered under oath. They also ask you to provide copies of other information that may be useful to you.

Your Long Island car accident lawyer will also be able to depose witnesses to the accident attorneys as well as anyone with information on your injuries or damages that could be relevant to your case. During a deposition the lawyer of the at-fault person will ask you questions and your answers will be recorded on video by a court reporter or transcribing.

The pretrial investigation process is designed to help your lawyer develop a convincing argument against the person at fault and their insurer to obtain an equitable settlement for all of your injuries as well as losses, expenses and costs. Although there is no guarantee that all cases will settle however, the majority settles during or accident Law firms after the discovery process, which can often be completed before the trial.

4. Trial

Trials are a possibility in situations when you and Accident Law Firms the insurance company do not agree about who is at fault or the amount of compensation you should receive for your injuries. A trial is a formal process where both parties are required to argue and present evidence to an impartial factfinder who takes an decision on how to resolve the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any supporting evidence, such as photos or videos of the scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You may also offer your testimony regarding your memory of the incident and how it impacted your life. Expert witnesses are also able to testify in support of your claims. The lawyer representing the defendant can cross-examine the witnesses and object to admissibility of some evidence.

The jury will decide during trial whether the plaintiff's injuries was the result of the defendant's negligence. They will look at proximate cause, a complicated legal concept that lawyers will spend many hours studying in law school. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also determine how much damages you should receive. This is a thorny issue depending on how severe your injuries are and the extent of your losses. Your lawyer will present evidence that includes expert witness testimony about the severity of your injuries, your lost income, and your future earnings potential in addition to your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state sets a legal deadline, known 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, then you might require filing a car accident attorneys lawsuit in court. This could be a lengthy process and expensive, but it is often necessary to pursue compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents referred to as motions to request the court for things like the exclusion of certain types of evidence at trial. Settlement negotiations can be ongoing during this process. A majority of car Accident Law Firms civil disputes are resolved before a trial is needed.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is solid and that you are willing to take the case to trial. In addition, settlement is quicker and less risky than a trial.

It is important to understand your injuries prior to the settlement. It is also important to have completed all medical treatment. If you sign a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) then you could not be eligible for additional compensation. It is also important not to sign a contract before you've spoken with your lawyer about your damages. Your lawyer will make sure that you don't be denied compensation that is valuable. They will review your medical records as well as other documentation to ensure that you are entitled to all damages that you are entitled to.