The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount of money you need to cover your injuries, our persistent lawyers will draft an official demand letter. This will outline all your financial losses, such as medical bills and lost wages, and other damages that are not economic, like suffering and pain.

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

1. Gathering Evidence

In a lawsuit that involves an accident in the car the proof of negligence is essential to receive compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports like police reports, and other official reports.

Photographs of the scene of the accident might assist your attorney in determining what actually happened in the collision, including the positions of both vehicles after collision, skid marks, road debris and other evidence that is physical. Note down the names and contact details of any witnesses who were present to witness the events. Witnesses that testify to support your account of what transpired is vital particularly since it can be common for drivers to have contradictory accounts of what happened that leads to insurance companies refusing to accept the claim or deny responsibility altogether.

Other evidence that your lawyer might use include medical records, which could include bills, receipts and diagnosis reports, laboratory results, discharge instructions and other documents that show the extent of your injuries. It is important to obtain these documents as soon as you can, and make sure to send copies to your healthcare professionals.

Another form of evidence your lawyer could use is a deposition, which is a non-court-issued testimony that is given under oath and transcribed by a court reporter. The lawyer can use this testimony to establish your injuries were a clear, identifiable connection to the accident. This is a good argument to support seeking compensation. While the majority of the above kinds of evidence can be gathered at the accident scene or shortly thereafter but some of the evidence might not be available until later in the litigation process. This is why it's vital to contact a reputable car accident lawyer as quickly as you can so that they can begin an investigation while the crucial evidence is in its most pure form.

2. Filing a complaint

After the dust has cleared and you've taken care of your injuries, you need to seek legal advice from an experienced. A car accident lawyer can give you the experience to maximize your compensation.

The first step is filing an application with the court. It will describe your specific claims as well as the amount you'd like to recover in damages. The document is usually drafted by your lawyer and filed with the court and then served on the defendant.

This also initiates the discovery phase, which allows both sides to exchange information and documents related to their defenses and claims. The process can take a considerable time and both teams may need to review a lot of documents including police reports and witness statements. They may also have to examine medical records, bills, and other documents. Each side may request interrogatories. These are a set of questions which the other side must answer under oath within the specified timeframe.

Throughout this stage the lawyer will collaborate with doctors to ensure they have a complete picture of the severity of your injuries as well as the impact they've had on your daily life. Your attorney will calculate your total damages. This will include future and past medical expenses as well as lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer could be able to negotiate an agreement with the responsible driver's insurance company. This is more likely after discovery and before the trial. If the insurance company refuses a fair settlement or if the damage is significant and are not covered by insurance, then you may need to go to trial. A jury or judge will make a decision in the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit where your lawyer and the insurance company exchange information that could help or hurt your claim. Your attorney will ask for documents that can support your case, such as police reports, medical bills and work loss records (e.g., from your employer showing how long you missed work because of the accident) photographs of your vehicle as well as any injuries or damages, and other relevant financial information. Your attorney can also make use of written discovery tools, such as interrogatories and requests for production to inquire about witnesses and other parties who are not present.

These tools for discovery are used to exchange information between attorneys on both sides. They give the opposing party the chance to respond to questions in writing, which have to be sworn to under oath, and to supply copies of certain documents or other information that may be relevant to your case.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the collision and anyone with information regarding your injuries or damages that could be pertinent to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your responses could be recorded on video by a court reporter or transcribing.

The goal of these pre-trial investigation procedures is to allow your lawyer to build an argument that is convincing and persuasive to the at-fault party and their insurer in order that you can receive a fair and complete settlement for your injuries, losses and expenses. While there is no guarantee that all cases will settle, the majority do at the end of or following the discovery process, which may be completed prior to the time your case reaches trial.

4. Trial

The majority of car accidents are settled through informal negotiations If you and the insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, your case may be heard in a trial. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder who renders a verdict that resolves the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any supporting evidence including photos or videos of the scene, testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also provide testimony regarding your memories of the incident and how it affected your life. Expert witnesses will also provide testimony to support your assertions. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

In a trial, jurors must determine if the plaintiff's injuries were caused by the negligence of the defendant. They will examine proximate causes, a complex legal concept that law students will spend hours studying. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you should receive. This is a more complicated matter because it is contingent on the severity of your injuries and the severity of your losses. Your lawyer will present evidence that includes expert testimony regarding the severity of injuries that resulted in loss of income and earning potential, as well as your pain and suffering and impairment.

5. Settlement

Every state has a legal deadline, referred to as the statute of limitations, by which you must settle your claim or file a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you could require filing a car accident lawsuit in the court. It's costly and time-consuming, but it is often required to seek compensation.

During this procedure, your Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents, referred to as motions to ask the court for certain things, such as the exclusion of certain kinds of evidence during trial. Settlement negotiations can go on throughout the entire process, and a lot of civil disputes in car accidents settle before a trial is required to be held.

If they believe your injury claim is solid and that you are willing to go to trial, insurance companies will make a fair settlement offer. The settlement process is also quicker and less risky than a court trial.

Before settling on an agreement, it is important to understand the severity of your injuries and have completed all medical treatments. If you sign a settlement prior to your doctor determining that you have reached the maximum medical improvement (MMI) then you could be denied additional compensation. It is also important not to sign a release until you have consulted with your lawyer about the damages. Your lawyer will ensure that you don't be denied compensation that is valuable. They will carefully review your medical records and attorneys other documents to make sure that you receive the full amount of damages to which you are eligible.