The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount you require for your injuries, our determined attorneys will prepare an official demand letter. This will outline all your financial damages like medical bills and lost wages, and other damages that are not economic, like suffering and pain.

Then the judge or jury will then make a decision. If they decide in your favor they will give you damages and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is essential to receive 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, like police reports, and other official reports.

Your attorney might be able to determine the circumstances of the accident by taking pictures of the scene, including skid marks or road debris, as well as other physical evidence. Also, take note of the names and contact details of any witnesses who were present at what transpired. Having witnesses testify that corroborate your account of what transpired is vital especially as it can be common for drivers to have contradictory accounts of what happened that causes insurance companies to refuse to accept the claim or even denying responsibility completely.

Medical records can also be used by your lawyer in order to prove the severity of your injury. They could include receipts, bills and lab results, diagnose reports, discharge instructions, and other records. It is essential to get these records as soon as you can and give copies to your healthcare professionals.

Depositions are another form of evidence that your attorney could employ. This is an out-of court testimony given under oath, which is then recorded by a Court Reporter. The lawyer can use the testimony to prove the fact that your injuries had an immediate and predicable connection to the crash which can help justify the compensation you deserve for your damages. The majority of the evidence listed above can be obtained at the scene of the accident or soon after, but some may not be available until later in the legal process. This is why it's important to talk to a reputable lawyer for car accidents as soon as possible so that they can begin investigating as evidence is in its purest form.

2. How to file a complaint

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

The first step is filing a complaint with the court. This document will outline your specific claims and the amount you'd like to claim in damages. The document is usually written by an attorney and then filed in court. It is also delivered to the defendant.

This also begins the discovery phase, which allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can take a long time and requires both sides to go through a myriad of documents including police reports witnesses' statements, police reports medical records, invoices and much more. Both sides can request interrogatories. These are a series questions which the other side has to answer under oath within the timeframe specified.

Throughout this stage, your lawyer will also work with medical professionals to ensure they have a complete understanding of the severity of your injuries as well as the impact they've affected your daily routine. Your attorney will calculate your total damages, which will include future and past medical expenses as well as lost earnings, pain and suffering and much more.

Sometimes, your lawyer could be able to negotiate an agreement with the responsible driver's insurance company. This is more likely to occur after discovery and accident lawsuit prior to trial. However, if the insurance company is unable to offer a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, the case may go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit the attorney representing you and the negligent driver's insurance company exchange information that could assist or derail your claim. Your attorney will seek copies of all documents to support your claim. These include police reports medical bills, as well as work loss records from your employer (showing how much time you've missed because of the accident) photos of your vehicle damaged or injured and other financial details. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to inquire about parties and witnesses who are not present.

These tools for discovery are used to exchange information between attorneys on both sides. The written discovery tools give the opposing side an opportunity to respond to questions in writing that need to be answered under oath. It also allows you to provide copies or other information which could be helpful to you.

Your Long Island car accident lawyers lawyer will also be able to depose witnesses to the accident and anyone who has information about your injuries or damages that could be pertinent to your case. In a deposition, the lawyer representing the at-fault party will ask you questions and your responses will either be recorded on video by a court reporter or transcribed.

These pretrial investigation processes are designed to help your lawyer create a compelling case against the responsible party and their insurer to get an equitable settlement for all your losses, injuries or Accident Lawsuit losses, as well as expenses. There is no assurance of a settlement in every case however most do so after or during the investigation process, which is usually done prior to trial.

4. Trial

Trials can be arranged in situations where you and the insurance company disagree on the source of your fault or the amount you should receive for your injuries. A trial is a formal process in which both sides are required to argue their case and provide evidence before a factfinder who makes an announcement to settle the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will be able to explain your story in opening statements to the jury as well as any other evidence you have, such as pictures or videos of accident scene, testimony from bystanders and medical professionals, and documents such as medical bills and police reports. You can also testify about your memories of the incident, and how it impacted your life. Expert witnesses can also give evidence to back up your assertions. The lawyer of the defendant may cross-examine witnesses and object to the admissibility or validity of certain evidence.

In a trial, the jury will decide whether the plaintiff's injuries were the result of the defendant's negligence. They will look at the proximate causes, which is a complicated legal concept that law students have to spend hours studying. Proximate causes considers 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 should receive. This is a complicated issue depending on how severe your injuries are and the severity of your losses. Your attorney will provide evidence including expert testimony about the severity of injuries that resulted in loss of income and earnings potential, as also your pain and suffering as well as impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations, where you have to settle your claim or start a lawsuit. If your lawyer cannot come to a deal with the insurer, you might have to start a lawsuit in the courtroom. It's costly and time-consuming, but this is often necessary to seek compensation.

During this procedure the Long Island personal injury lawyer will be involved in discovery (a formal process in which each party exchanges information with the other side) and will attend hearings. Your attorney will also prepare legal documents, also known as motions, asking the court to do things like exclude certain types of evidence from trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are resolved before trial is required.

If they believe your injury claim is solid and that you are willing to go to trial, insurance companies will make an appropriate settlement offer. In addition the settlement process is faster and less risky than a trial.

Before settling on the settlement, it's important that you fully understand the extent of your injuries and that you have completed all medical treatments. If you accept a settlement prior to your doctor determining that you have reached the maximum medical improvement (MMI) it is possible to not be eligible for additional compensation. Also, you should not sign a release until you have talked to your lawyer and gained a complete understanding of your damages. Your lawyer will ensure that you don't lose out on a significant amount of compensation. They will go through your medical records as well as other documents, to ensure that you receive all of the damages for which you qualify.