The First Steps in Car Accident Litigation

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

Then, a judge or jury will decide. If they make a decision to your advantage, you will be awarded damages, and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving negligence and liability is key to obtaining compensation for your losses and 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.

Your attorney might be able to determine what happened during the Accident law Firms by taking pictures of the scene, including skid marks road debris, skid marks and other physical evidence. Also, note the names and contact details of any eyewitnesses who saw what happened. Having witnesses testify that corroborate your version of what happened is crucial especially as it can be common for drivers to have conflicting reports of what happened, which leads to insurance companies refusing to accept the claim, or even deny responsibility completely.

Other evidence that your lawyer could use include medical records, which may include bills, receipts diagnose reports, lab results, discharge instructions and other evidence that proves the extent of your injuries. You should get these records as soon as you can, and also provide copies to your healthcare providers.

Depositions are another form of evidence your lawyer can make use of. This is an out-of court testimony under oath and later transcribed by a Court Reporter. Your lawyer can use the testimony to establish that your injuries had an immediate and clear connection to the crash and, therefore, can justify the need for compensation for your damages. The majority of the evidence mentioned above can be gathered at the scene of the accident or shortly afterwards however some evidence may not be available until much later in the legal process. It is crucial to contact an attorney for car accidents with the right credentials as soon as you can so that they can begin an investigation when the evidence is in its purest form.

2. The process of filing a complaint

Once the dust has sunk and you have tended to your injuries, it's the time to seek expert legal advice. A car accident lawyer attorney can provide the necessary expertise to help you obtain maximum compensation for your claim.

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

The discovery phase starts, allowing both parties to exchange information about their defenses and claims. The process can be lengthy and requires both sides to review many documents, including police reports, witness statements, medical records, bills and more. Each side is able to request interrogatories. These are a series questions that the other side has to answer under oath within an agreed upon timeframe.

During this stage, you lawyer will also collaborate with your doctor to get the full picture of your injuries as well as the impact that they've had on your life. Your lawyer will then estimate the total damages you have suffered, which will include the past and future medical costs, lost earnings, suffering and pain and much more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver at the fault. This is more likely to occur following discovery, but before trial. However, if the insurance company refuses to negotiate a fair settlement or if you've incurred substantial damages that aren't covered by the insurance policy, your case may move forward to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident, where your attorney and the insurance company of the negligent driver company exchange information that may support or damage your claim. Your attorney will ask for copies of documents that support your case, including police reports, medical bills and work loss records (e.g. the records from your employer that outlines the amount of time you were absent from work because of the accident) photographs of your vehicle and any damages or injuries as well as other financial information. Your attorney will also use written discovery tools like interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties that aren't present in the case.

These tools for discovery in writing are circulated back and forth between attorneys on both sides. They provide the opposing party the opportunity to answer questions in writing, which must be sworn to in oath and to supply copies of specific documents or other information that may be relevant to your case.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding your injuries or damages which could be essential to your case. During a deposition lawyer for the person who is at fault will ask you an array of questions and your responses will be recorded on video or transcribing by a court reporter.

These pretrial investigation procedures are designed to help your lawyer develop a convincing argument against the person at fault and their insurance company in order to negotiate a fair settlement for all your injuries or losses, as well as expenses. Although there is no guarantee that every case will settle, the majority do during or after the discovery process, which can often be completed before your case reaches trial.

4. Trial

The majority of car accidents settle through negotiations outside of court however, if you and your insurance company aren't in agreement on the cause or the amount you should receive for your injuries, your case could be heard in a trial. A trial is a formal process where both sides present arguments and evidence to a factfinder, who makes a ruling that settles the issue. In personal injury cases, the factfinder is typically a jury.

During the trial your lawyer will present your version of events in your opening statements to the jury, along with any supporting evidence you may have, such as images or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You can also testify about your memory of the incident, and how it impacted your life. Expert witnesses can also provide evidence to support your claims. The lawyer representing the defendant can cross-examine witnesses and challenge to the admissibility of certain evidence.

The jury will decide at trial if the plaintiff's injury was caused by the defendant's negligent conduct. They will look at the proximate causes, which is a complicated legal concept that law students have to spend hours studying. Proximate cause looks at the relationship between the actions of the defendant and the plaintiff's injuries.

A jury must also decide how much compensation you're entitled to. It is also a complicated issue because it is contingent on the severity of your injuries as well as the extent to which you have suffered. Your lawyer will present your evidence which includes expert testimony from a witness regarding the severity of your injuries, your lost income, as well as future earnings potential as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a time limit within which you can resolve your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you may be required to file a vehicle accident lawsuit in the court. It can be expensive and time-consuming, but this is usually required to obtain compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents, referred to as motions to ask the court for specific things such as excluding certain types of evidence in trial. Settlement negotiations can be ongoing during this process. Many car accident civil disputes are settled prior to a trial.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is legitimate and you'll be willing to go to trial. Settlement is faster and less risky compared to an in-court trial.

It is essential to understand your injuries prior to committing to a settlement. You should also have completed all medical treatments. You could be denied additional compensation if you agree to a settlement until your doctor has concluded that you have reached the point of maximum improvement. You should also not sign a release until you've had a conversation with your lawyer and received an understanding of all losses. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will carefully examine your medical records and accident law firms other documentation to ensure that you receive the full amount of damages to that you are eligible.