The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you need to cover your injuries, our persistent attorneys will prepare a formal demand letter. It will detail all your financial losses such as medical bills and lost wages, and non-economic damages, such as suffering and pain.

Then a judge or jury will take a call. If they decide in your favor, they will be able to award you damages, and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence and liability is key to obtaining compensation for your losses and injuries. Gathering evidence is one of the first steps of the process of litigation, and it involves gathering evidence, documents, photographs, witness testimony as well as official reports such as police reports.

Your lawyer may be able to establish the circumstances of the incident by taking photographs of the scene, which include skid marks and road debris as well as other physical evidence. Also, note the names and contact details of any eyewitnesses who witnessed what happened. It is essential that witnesses to verify the events that took place, as it can often happen that drivers provide contradictory stories that lead to insurance companies denying or refusing liability.

Other evidence that your lawyer could utilize include medical records, which can include receipts, bills diagnostic reports, lab results, discharge instructions and other evidence that proves the extent of your injuries. It is important to obtain these records as soon as you can and give copies to your healthcare providers.

Another type of evidence your lawyer could utilize is a deposition, which is out-of-court testimony given under oath, and then transcribed by a court reporter. Your lawyer could use this testimony to establish your injuries were an immediate, obvious connection to the accident. This is a good argument to support seeking compensation. Most of the evidence discussed above can be obtained at the site of the accident lawyer or within a short time, but some may not be available until later in the litigation. This is the reason it's essential to consult a highly-credentialed car accident lawyer as soon as possible so that they can begin the investigation while vital evidence is still in its purest form.

2. Making a Complaint

When the dust has cleared and you have tended to your injuries, it's the time to seek legal advice from a professional. A lawyer who has handled car accidents can provide you with the expertise to maximize your compensation.

The first step is to file a complaint in court, which lists the specific claims that you are making and the amount of money you are seeking in damages. This form is usually prepared by an attorney and then filed in court. It is also served to the defendant.

The discovery phase starts by allowing both parties to share information about their claims and defenses. The process can take a long time, and both teams will need to review a lot of documents including police reports and witness statements. They might also have to review medical records as well as bills and other documents. Each side can request interrogatories. These are a series of questions that the other side must answer under oath within a specified time frame.

Throughout this process your lawyer will collaborate with medical professionals to ensure they have a complete understanding of the severity of your injuries and the impact they have affected your daily routine. Your attorney will then calculate the total damages you have suffered that include the future and past medical expenses as well as 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 following discovery, but before trial. If the insurance company is unwilling to offer an acceptable settlement, or if your damages are significant and are not covered by insurance, then you could need to go 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 insurance company of the driver exchange information that could help or damage your claim. Your attorney will ask for copies of the documents that support your case, such as police reports, medical bills as well as work loss records (e.g., from your employer showing the amount of time you were absent from work due to the accident), photographs of your car and any injuries or damages or other pertinent financial information. Your attorney may also use written discovery tools, such as interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

These discovery tools written in writing are circulated back and forth between attorneys for both sides. They give the opposing side an opportunity to reply to questions in writing, accident lawyer which must be sworn to in oath and to supply copies of certain documents and other information which could be beneficial to your case.

Your Long Island car accident attorney will also depose witnesses and anyone who has information about your injuries or damages that could be vital to your case. In a deposition, the lawyer representing the person at fault will ask you questions, and your answers could be recorded on video by an official court reporter or recorded.

The goal of these pre-trial investigation procedures is to help your lawyer to build a strong and compelling case against the at-fault party as well as their insurance company so that you can get an adequate and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case but the majority of them will settle during or following the investigation process, which usually concluded prior to the trial.

4. Trial

Trials are possible in cases where you and the insurance company do not agree about who is at fault or the amount of compensation you should be awarded for your injuries. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder, who makes a ruling that settles the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any evidence supporting it like photos or videos of the scene or testimony from witnesses, medical professionals, and documents such as police reports and bills. You can also give your testimony about your memories of the incident and how it has had an impact on your life. Expert witnesses can also testify to back your assertions. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

The jury will decide in the trial if the plaintiff's injury was caused by the defendant's negligence. They will consider proximate cause, a complicated legal concept that lawyers spend countless hours studying in law school. Proximate cause considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. This is another complicated issue because it is contingent on the severity of your injuries and the extent of your losses. Your attorney will present your evidence, including expert witness testimony regarding the severity of your injuries, your loss of income, as well as future earnings potential, as well as your suffering and pain disfigurement, impairment, and.

5. Settlement

Each state has a specific legal deadline, referred to as the statute of limitations, by which you must settle your claim or file a lawsuit. If your lawyer is unable to negotiate a settlement with your insurance company, you may be required to make a court filing. This can be time consuming and costly, however it is usually required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal procedure where each side exchanges information with each other). Your lawyer will also file legal documents known as motions asking the court for accident lawyer things like excluding certain types of evidence in trial. Settlement negotiations can be ongoing during this process. Many car accident civil disputes are settled before trial is required.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is strong and that you will be willing to go to trial. The settlement process is also quicker and less risky than the court trial.

Before you agree to the settlement, it's important that you fully understand the severity of your injuries and have completed all medical treatment. If you settle prior to your doctor determining that you have reached the maximum medical improvement (MMI) it is possible to not receive additional compensation. Additionally, you should not sign a release until you've spoken with your lawyer and received an accurate understanding of your damages. Your lawyer will ensure you don't lose out on the 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 which you are eligible.