The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you need for your injuries, our determined attorneys will prepare an official demand letter. The letter will list all of your financial damages like medical expenses and lost wages as and non-economic losses such as discomfort and pain.

A jury or judge will then make a decision. If they rule in your favor, they will award you damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident Attorneys, proving liability and negligence is essential to receive compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports like police reports and other official reports.

Photographs of the scene of the accident could help your attorney establish what actually transpired in the accident, including the position of both cars following the collision, skid marks, road debris and other physical evidence. Note down the names and phone numbers of any eyewitnesses that witnessed what transpired. It is crucial that witnesses confirm the events were actually happening, as it may often happen that drivers give contradictory stories that lead to insurance companies refusing or denial of the responsibility.

Medical records can also be utilized by your lawyer to establish the severity of your injuries. These documents could include receipts, bills and lab results, diagnose reports, discharge directions and other documents. It is important to obtain these documents as soon as is possible and send copies to your healthcare professionals.

Another form of evidence your attorney might employ is a deposition which is an out-of-court testimonies given under oath and transcribed by a court reporter. Your lawyer could make use of this testimony to prove your injuries had a clear, identifiable connection to the accident. This will help justify the need for compensation. The majority of the evidence listed 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 the reason it's essential to contact a reputable lawyer in the event of a car accident as soon as you can so that they can begin an investigation while vital evidence is still in its most pure form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, you should seek legal advice from an expert. A car accident attorney can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint with the court. This will outline your specific claims and the amount you wish to recover in damages. This form is usually prepared by an attorney and filed in court. It is also served on the defendant.

The discovery phase starts with both parties able to exchange information regarding their claims and defenses. The process can be long and requires both parties to look over a number of documents, including police reports, witness statements medical records, bills and much more. Each side may request interrogatories, which are a set of questions that each party must answer under oath within a specified time frame.

During this stage, you lawyer will also work closely with doctors to get an accurate picture of your injuries as well as the impact they've caused on your life. Your lawyer will calculate your total damages. This includes future and past medical expenses, lost wages, suffering and pain, and much more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver at the fault. This will most likely be the case following the completion of discovery and prior to trial. If the insurance company does not agree to a fair settlement, or if the damage is significant and not covered by insurance, then you could have to go to trial. A jury or judge will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit in which your attorney and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will request copies of documents to prove your case. These documents include police reports medical bills, work loss records from your employer (showing how much time you were absent due to the accident) photos of your vehicle damaged or injured and financial information. Your attorney will also make use of written discovery tools, such as interrogatories and requests for production, as well as requests for admissions in order to question witnesses and other parties who aren't present in the case.

The written discovery tools are exchanged back and forth between attorneys of both sides. The written discovery tools give the other side an opportunity to answer 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 attorney will also depose witnesses and any other person with information about the damages or injuries you sustained that could be vital to your case. In a deposition, the lawyer representing the person at fault will ask you questions and your answers are recorded on video by an official court reporter or recorded.

These pre-trial investigation procedures are designed to help your lawyer develop a convincing case against the responsible party and their insurer in order to negotiate an equitable settlement for all of your damages as well as losses, expenses and costs. There is no assurance of a settlement in every case, but the majority of cases do so after or during the investigation process, which is typically done prior to trial.

4. Trial

The majority of car accident cases are settled through informal negotiations however, if you and your insurance company aren't in agreement on the cause or how much compensation you are entitled to for your injuries, Accident attorneys the case may go to trial. A trial is a formal hearing where both sides present arguments and evidence to a factfinder who renders a verdict that resolves the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it that may be presented, including photographs or accident attorneys videos of the scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You may also testify on your personal memories of the incident and how it impacted your life. Expert witnesses will also provide evidence to back up your assertions. The lawyer for the defendant can cross-examine witnesses and challenge to admissibility of some evidence.

In a trial, the jury has to decide whether the plaintiff's injuries were caused by the defendant's negligence. They will examine proximate cause which is a complex legal concept that lawyers will spend many hours studying during law school. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. This is a complicated issue due to the severity of your injuries and the extent of your losses. Your attorney will present your evidence, including expert witness testimony about the severity of your injuries, your loss of income and future earnings potential as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Every state has a legal deadline, referred to as the statute of limitations where you have to settle your claim or bring a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you might be required to file a vehicle accident lawsuit in the court. It can be costly and time-consuming. However, it is usually required to obtain 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 attend hearings. Your lawyer will also file legal documents referred to as motions to request the court for certain things, such as the exclusion of certain types of evidence in trial. Settlement negotiations can go on throughout this process, and many civil disputes arising from car accidents end before a trial has to be held.

If they believe that your injury claim is valid and you are willing to go to trial insurance companies will make a fair settlement offer. Additionally, the settlement process is more efficient and less risky than a trial.

It is important to fully comprehend your injuries prior to committing to the settlement. You must also have completed all medical treatments. You could lose out on additional compensation if settling an offer of settlement until your doctor has concluded that you have reached the level of medical improvement that is the highest. You should also not sign a settlement agreement before you have spoken with your lawyer regarding your damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will scrutinize your medical records as well as other documents, to ensure that you receive all of the damages that you are entitled to.