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're entitled to for your injuries. This letter will provide a detailed description of your economic damages like medical expenses and lost wages, as well as non-economic damages such as pain and discomfort.

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

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is crucial to get 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 what happened in the accident attorney by taking photographs of the scene, including skid marks, road debris and other physical evidence. Also, keep track of the names and phone numbers of any witnesses who were present at what transpired. It is important to have witnesses who can confirm the events that took place, since it can often be the case that drivers provide contradictory statements that result in insurance companies refusing or denial of the liability.

Other types of evidence your lawyer might use include medical records, which could include receipts, bills diagnose reports, lab results, discharge instructions and other documentation that demonstrate the extent of your injuries. It is essential to get these records as soon as you can, and also provide copies to your medical professionals.

Another form of evidence your attorney could make use of is a deposition which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. The lawyer can utilize the testimony to prove the fact that your injuries had a direct and foreseeable connection to the crash and can be used to justify compensation for your losses. Most of the evidence mentioned above can be gathered at the scene of the accident or soon after, but some may not be available until much later in the legal process. It's important to contact an attorney for car accidents with the right credentials immediately to begin an inquiry as evidence is in its most pure form.

2. Filing a Complaint

Once the dust has sunk and you've treated your injuries, it's time to seek expert legal advice. An attorney who has handled car accidents can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims you have filed and the amount of money you're seeking in damages. This document is usually drafted by an attorney, and filed in court. It will also be delivered to the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and evidence that is related to their claims and defenses. The process can be very long and requires both parties to look over a number of documents, including police reports as well as witness statements medical records, bills and much more. Each side can require interrogatories. These are a series of questions the other party must answer under oath, within a specific timeframe.

During this stage, you lawyer will also collaborate with doctors to get a full picture of your injuries as well as the impact they've affected your life. Your lawyer will then estimate your total damages including past and future medical expenses and lost earnings, as well as suffering and pain and much more.

Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. This is more likely following discovery and prior to trial. If the insurance company is unable to negotiate a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, your 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 step in any car accident case. This is when your attorney and the negligent driver's insurer share information that could either support or hurt your claim. Your attorney will request copies of documents to prove your case. These documents include police reports, medical bills and work loss documents from your employer (showing the length of time you've missed because of the accident) photographs of your vehicle as well as any injuries or lawsuit damages as well as other financial data. Your attorney will also make use of written discovery tools like interrogatories and requests for production, as well as request for admissions to question witnesses and other parties who are not part of the case.

These discovery tools written in writing are sent back and forth between the attorneys of both sides. Written discovery tools allow the opposing side an opportunity to answer questions in writing that must be answered under oath and to provide copies of other information that might be useful to you.

Your Long Island car accident lawyer will also be able to depose witnesses to the collision and anyone who has information about your injuries or damage that could be crucial to your case. During a deposition, the lawyer of the at-fault person will ask you questions, and your answers could be recorded on video by the court reporter or translated.

These pre-trial investigation procedures are designed to assist your lawyer create a compelling case against the at-fault person and their insurer in order to get a fair settlement for all of your injuries or losses, as well as expenses. While there is no guarantee that all cases settle however, the majority of cases settle either during or after the discovery process, which can be completed before the case is brought to trial.

4. Trial

Trials are possible where you and the insurance company do not agree regarding the fault of the other party or the amount you should receive for your injuries. A trial is a formal proceeding in which both parties present their arguments and evidence to a factfinder who makes an decision on how to resolve the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it, such as photos or videos of the accident scene witness testimony, statements from witnesses and medical professionals, as well as documents such police reports and bills. You may also testify about your personal memories of the incident, and how it impacted your life. Expert witnesses can also testify to support your claims. The defendant's lawyer can interrogate witnesses and object to the admissibility of certain evidence.

In a trial, the jury has to decide if the plaintiff's injuries were the result of the defendant's negligence. They will examine the proximate cause, a complicated legal concept that law students spend hours studying. Proximate cause examines the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. It is also a complicated issue because it is contingent on the severity of your injuries and the degree to which you've suffered. Your lawyer will present evidence including expert testimony about the severity of injuries, lost income and future earning potential, in addition to your pain and suffering as well as impairment.

5. Settlement

Each state has a specific legal deadline, referred to as the statute of limitations in which you must settle your claim or file a lawsuit. If your lawyer can't negotiate a settlement with your insurer, lawsuit you could be required to make a court filing. It can be lengthy and costly, however it is often required to seek compensation.

During this procedure, your Long Island personal injury lawyer will participate in discovery (a formal process in which each party exchanges information with the other side) and be present at hearings. Your lawyer will also file legal documents known as motions to request the court for certain things, such as the exclusion of certain types of evidence in trial. Settlement negotiations can continue throughout the process, and a lot of car accident civil disputes end before a trial needs to be held.

If they believe that your injury claim is valid and you are willing to go to trial Insurance companies will offer an honest settlement offer. In addition, the settlement process is more efficient and less risky for them than a trial.

It is crucial to understand the extent of your injuries prior to agreeing to an agreement. It is also important to have completed all medical treatment. You could be denied additional compensation if you accept an offer of settlement until your doctor has determined that you have attained the point of maximum improvement. You should also not sign an agreement until you have talked to your lawyer and have a complete understanding of your losses. Your lawyer will ensure that you don't miss out on valuable compensation. They will carefully review your medical records as well as other documents to make sure that you get the full amount of damages for that you are eligible.