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 hard-working attorneys will prepare an official demand letter. This will list all your economic damages including medical expenses and lost wages, and Lawyers non-economic damages, like suffering and pain.

Then a jury or judge will decide. If they rule in your favor they will make you a victim and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident, proving negligence is crucial to receiving compensation for your injuries. Gathering evidence is one of the first steps of the process of litigation, and it involves gathering evidence, documents including photographs, witness statements, and official reports like police reports.

Your lawyer might be able to determine what happened during the incident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Also, note the names and phone numbers of any eyewitnesses who witnessed what occurred. Having witnesses testify that corroborate your version of the events is essential as it could be common for drivers to have contradictory reports of what happened, which results in insurance companies refusing to accept the claim or even denying any responsibility at all.

Other evidence that your lawyer could use include medical records, which can include receipts, bills diagnose reports, lab results, discharge instructions and other documents that show the severity of your injuries. It is essential to get these records as quickly as you can, and also provide copies to your healthcare professionals.

Another type of evidence that your attorney could make use of is a deposition which is an out-of-court testimonies given under oath and recorded by a court reporter. Your lawyer can use the testimony to prove that your injuries have had a direct and foreseeable connection to the crash and, therefore, can justify the need for compensation for your injuries. Although the majority of the above kinds of evidence can be gathered at the accident scene or shortly thereafter however, some evidence may not be available until later in the litigation process. It's crucial to speak with a lawyer for car accidents with the right credentials as soon as you can so they can begin an inquiry while the evidence is in its most natural form.

2. Making a complaint

Once the dust has sunk and you've treated your injuries, it's the time to seek expert legal advice. A lawyer for car accidents will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint with court, which details the specific claims you're bringing and the amount you're seeking in damages. The document is usually drafted by your attorney, and then filed with the court and served to the defendant.

The discovery phase starts by allowing both parties to share information about their claims and defenses. The process can be lengthy and requires both sides to review many documents, including police reports as well as witness statements medical records, invoices and more. Each side can request interrogatories, which are a set of questions which the other party must answer under oath within a set time frame.

Throughout this process, your lawyer will also collaborate with medical professionals to ensure they have a complete picture of the severity of your injuries and the impact they have had on your daily life. Your lawyer will then estimate your total damages that will include the future and past medical expenses loss of earnings, pain and suffering 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 and prior to trial. If the insurance company doesn't agree to an equitable settlement, or if your damages are significant and are not covered by insurance, you may need to go to trial. A jury or judge will make a final decision in the case based on the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit where your lawyer and the insurance company exchange information that could assist or derail your claim. Your attorney will ask for copies of the documents that support your case, including police reports, medical bills, work loss records (e.g., from your employer showing the amount of time you were absent from work because of the accident), photographs of your car and any injuries or damage and other financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to ask questions of parties and witnesses who are not present.

These tools for discovery are exchanged between attorneys from both sides. They give the opposing party a chance to respond to questions in writing, which have to be sworn to under oath, and to provide copies of certain documents or other information which could be beneficial to your case.

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

The purpose of these pre-trial investigation procedures is to allow your lawyer to construct an argument that is convincing and persuasive to the at-fault party and their insurance company so that you are able to secure an equitable and fair settlement for your losses, injuries and expenses. While there is no guarantee that every case will settle, the majority do during or after the discovery process, which can be completed before the case reaches trial.

4. Trial

Although the majority of car accident cases settle through out-of-court negotiations however, if you and your insurance company disagree about fault or the amount you should receive for your injuries, your case may be heard in a trial. A trial is an official proceeding where both parties are required to present their arguments and evidence to a factfinder who makes an decision on how to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will be able to provide your version of the events in opening statements to the jury and any supporting evidence that you have, like pictures or videos of accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents such as police reports and medical 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 lawyer representing the defendant can cross-examine witnesses and object to the admissibility of evidence.

At trial, jurors must decide if the plaintiff's injuries were caused by the defendant's negligence. They will be examining proximate causes which is a complex legal concept that lawyers will spend many hours studying during law school. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury is also required to decide how much compensation you are entitled to. It's also a complex issue because it depends on the degree of your injuries and the extent to which you have suffered. Your attorney will present your evidence which includes expert witness testimony about the severity of your injuries, your loss of income and future earnings potential and your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state has a specific deadline within which you can resolve your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you might be required to file a vehicle accident lawsuit in court. It can be lengthy and costly, however it is usually required to seek compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where parties exchange information with the other side) and will attend hearings. Your lawyer will also file legal documents, known as motions, requesting the court to take actions like exclude certain types of evidence from trial. Settlement negotiations can go on throughout this process, and most civil disputes arising from car accidents end before a trial has to be held.

If they believe your injury claim is solid and that you are willing to go to trial the insurance company will offer an appropriate settlement offer. In addition, the settlement process is quicker and less risky than a trial.

It is crucial to be aware of your injuries prior to committing to a settlement. You must have completed all medical treatment. You could lose out on additional compensation if settling the settlement until your physician has determined that you have attained the level of medical improvement that is the highest. Don't sign a 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 lose out on the valuable compensation. They will carefully review your medical records as well as other documents to ensure that you receive the full amount of damages to that you are eligible.