The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount you need for your injuries, our tenacious lawyers will draft an official demand letter. The letter will list all of your financial losses such as medical expenses and lost wages, as in addition to non-economic damages such as pain and discomfort.

Then a jury or judge will then make a decision. If they rule in your favor you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident law firms lawsuit, proving negligence and liability is the most important aspect to obtain compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident might aid your lawyer in determining what happened during the crash, including the position of both vehicles after impact, skid marks, road debris, and other physical evidence. Take down the names and contact information of any witnesses who witnessed the events. It is crucial that witnesses corroborate the events that occurred, as it can often be the case that drivers give contradictory accounts that lead to insurance companies denying or refusing the responsibility.

Medical records can also be utilized by your lawyer in order to prove the severity of your injuries. These documents may include receipts, bills laboratory results, diagnosis reports, discharge guidelines and other records. You should obtain these documents as soon as you can and be sure to give copies to your healthcare professionals.

A deposition is yet another type of evidence that your attorney might employ. It's an out-of court statement made under oath and later recorded by a Court Reporter. Your lawyer could use the testimony to prove the fact that your injuries had a direct and foreseeable connection to the crash, which helps justify requesting compensation for your injuries. Most of the evidence mentioned above can be gathered at the scene of the crash or shortly after however, Accident law firm some might not be available until later in the litigation. It is essential to contact a lawyer for car accidents with the appropriate credentials immediately to start an inquiry while the evidence is in its purest form.

2. Filing a Complaint

When the dust has cleared and you have tended to your injuries, it's time to seek out legal counsel from an expert. A lawyer for car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims that you have filed and Accident Law Firm the amount you are seeking in damages. The document is usually written by your lawyer and filed with the court, and then served to the defendant.

The discovery phase begins, allowing both parties to share information about their defenses and claims. The process can be long and requires both parties to review many documents, including police reports and witness statements medical records, invoices and much more. Each side can ask for interrogatories, which are a set of questions which the other party must answer under oath, within a specific timeframe.

In this stage, your lawyer will also work with doctors to ensure that they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your lawyer will then estimate your total damages, which will include the past and future medical costs as well as lost earnings, pain and suffering, and more.

Sometimes, your lawyer might be able to negotiate an agreement with the at-fault driver's insurance company. This is likely to occur after the completion of the discovery process and prior to trial. If the insurance company is unable to settle the claim in a fair manner 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 make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit where your lawyer 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 the documents that support your case, such as police reports, medical bills, work loss records (e.g. documents from your employer which reveals how long you missed work because of the accident) photographs of your vehicle, any damage or injuries or other pertinent financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to inquire into witnesses and parties who are not present.

These documents are shared between attorneys on both sides. They give the opposing party an opportunity to reply to questions in writing, which have to be answered under oath, and to provide copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident lawyer will also depose people who are witnesses to the Accident Law Firm and anyone with information on your injuries or damages that could be relevant to your case. During a deposition the lawyer representing the person at fault will ask you questions and your responses are recorded on video by an official court reporter or recorded.

The pretrial investigation process is designed to help your lawyer create a compelling argument against the person at fault and their insurance company in order to obtain an equitable settlement for all your losses, injuries and losses, costs and expenses. There is no guarantee of a settlement in every case however the majority of cases do so during or after the investigation process, which usually completed before the trial.

4. Trial

Trials are possible when you and the insurance company are not in agreement regarding the fault of the other party or the amount you should be awarded for your injuries. A trial is a formal proceeding where both sides submit arguments and evidence to a factfinder, who issues a decision that settles the dispute. In personal injury cases the factfinder is usually a jury.

During the trial the lawyer will present your version of events in opening statements to the jury, together with any evidence you may have, such as pictures or videos of accident scene, testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You can also give your testimony about your memories of the incident and how it had an impact on your life. Expert witnesses are also able to testify in support of your assertions. The defendant's attorney can cross-examine witnesses and challenge the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's harm was the result of the defendant's negligence. They will examine proximate cause, a complicated legal concept that lawyers will spend many hours studying during law school. Proximate cause considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you should receive. This is a complicated issue, as it depends on how severe your injuries are and the extent of your losses. Your attorney will present evidence, including expert testimony, regarding the severity of your injuries, lost income and future earnings potential, as also your suffering and impairment.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations, in which you must settle your claim or make a claim. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you might be required to file a vehicle accident lawsuit in the court. This can be time consuming and expensive, yet it is often required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery (a process formal where both sides exchange information with one another). Your lawyer will also make legal filings, 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 majority of car accident civil disputes are resolved before a trial is necessary.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you'll be willing to take the case to trial. Additionally the settlement process is quicker and less risky than a trial.

Before you agree to an agreement, it's essential to be aware of the extent of your injuries and that you have completed all medical treatments. If you accept a settlement before your doctor determines that you have reached maximum medical improvement (MMI), you could be denied additional compensation. Don't sign the release until you've talked to your lawyer and gained a complete understanding of your losses. Your lawyer will make sure that you don't miss out on valuable compensation. They will carefully examine your medical records and other documentation to make sure that you get the full amount of damages for which you are eligible.