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. This letter will detail all of your economic damages like medical expenses and lost wages, as in addition to non-economic damages such as discomfort and pain.

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

1. Gathering Evidence

In a lawsuit for a car accident, proving the negligence and liability is crucial to get compensation for your injuries and losses. The gathering of evidence is one of the first steps of the litigation process. it involves gathering evidence, documents, photographs, witness testimony, and official reports like police reports.

Photographs of the scene of the accident could assist your attorney in determining what actually transpired in the collision, including the positions of both vehicles after collision, skid marks, road debris and other evidence that is physical. Record the names and contact details of any witnesses who were present to witness the incident. Witnesses that testify to support your version of events is important particularly since it can be common for drivers to give contradicting accounts of what happened that can lead to insurance companies refusing to accept the claim, or even deny responsibility altogether.

Other types of evidence your lawyer could use include medical records, which may include receipts, bills and diagnosis reports, laboratory results, discharge guidelines, and other evidence that proves the severity of your injuries. You should obtain these documents as soon as is possible and ensure that you give copies to your healthcare providers.

Another type of evidence that your lawyer could utilize is a deposition, which is an out-of-court testimonies given under oath and recorded by a court reporter. Your lawyer may make use of this testimony to prove your injuries have a clear, identifiable connection to the accident. This helps to justify the need for compensation. The majority of the evidence listed above can be collected at the scene of the accident or shortly afterwards however, some might not be available until later in the legal process. This is why it's vital to consult a highly-credentialed lawyer for car accidents as soon as possible, so that they can begin investigating while vital evidence is still in its most pure form.

2. The process of filing a complaint

Once the dust has sunk and you've taken care of your injuries, it's time to seek out legal counsel from an expert. An attorney who has handled car accidents can provide the expertise needed to ensure that you receive maximum compensation for your claim.

The first step is filing an application with the court. It will describe your specific claims as well as the amount of money you wish to recover in damages. The document is usually written by your attorney, and then filed with the court and then served on the defendant.

The discovery phase starts by allowing both parties to share information regarding their claims and defenses. The process can take a long time and requires both teams to go through a myriad of documents including police reports witnesses' statements, police reports medical records, bills and much more. Both sides can request interrogatories. These are a series of questions that the other side must answer under oath in a specified time frame.

In this phase, your lawyer will also work closely with medical professionals to obtain an accurate picture of your injuries and the impact that they've had on your life. Your lawyer will estimate your total damages. This will include future and past medical expenses including lost wages, suffering and pain and suffering, and more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver who is at the fault. It is likely to be the case following the completion of discovery and before trial. However, if the insurance company refuses to provide a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, the case could be referred 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 lawsuit involving a car accident lawsuits, where your attorney and the insurance company of the negligent driver company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents to support your claim. This includes police reports as well as medical bills and work loss records from your employer (showing how much time you've missed due to the accident), photos of your vehicle, any injuries or damages and other financial details. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These tools for discovery are used to exchange information between attorneys on both sides. The tools for writing discovery give the other side an opportunity to answer questions in writing that must be answered under oath. They also ask you to provide copies or other information that could be helpful to you.

Your Long Island car accident attorneys attorney will also depose witnesses as well as anyone who has information regarding your injuries or damages which could be essential to your case. During a deposition lawyer for the person who is at fault will ask you various questions, and your responses will be recorded on video or translated by a court reporter.

The purpose of these pre-trial investigation procedures is to help your lawyer to construct an argument that is persuasive and strong to the at-fault party and their insurer, so that you can get an equitable and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case, but the majority of cases will settle during or following the investigation process, which is often concluded prior to the trial.

4. Trial

Trials are a possibility in situations when you and the insurance provider disagree on the source of your fault or the amount of compensation you are entitled to for your injuries. A trial is a formal process where both parties are required to argue and present evidence to an impartial factfinder who takes a decision to resolve the dispute. In personal injury cases the factfinder 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 have, including images or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents such as medical bills and police reports. You can also give your testimony about your memories of the incident and how it affected your life. Expert witnesses will also provide testimony to support your assertions. The attorney representing the defendant may cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will decide during trial if the plaintiff's injury was caused by the defendant's negligence. They will be looking at the proximate causes, which is a complicated legal concept that law students spend hours studying. Proximate causes 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. This is a more complicated matter depending on the severity of your injuries and the severity of your losses. Your lawyer will present evidence that includes expert witness testimony regarding the severity of your injuries, the loss of income, accidents as well as future earnings potential in addition to your suffering and pain, disfigurement, and impairment.

5. Settlement

Every state has a time limit by which you can resolve your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer cannot reach a settlement with the insurer, you could be required to start a lawsuit in the courtroom. It can be lengthy and expensive, yet it is usually required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where each side exchanges information with the other). Your lawyer will also make legal filings, also known as motions, which ask the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout the entire process, and a majority of car accident civil disputes end before a trial is required to be held.

If they believe that your claim is solid and you are willing to go to trial insurance companies will make an honest settlement offer. Settlement is faster and less risky than a court trial.

Before you agree to an agreement, it is important to understand the extent of your injuries and have completed all medical treatment. You could lose out on additional compensation if settling the settlement before your doctor has determined that you have attained the point of maximum improvement. Additionally, you should not sign the release until you've had a conversation with your lawyer and had an accurate understanding of your damages. Your lawyer will make sure that you do not lose out on the valuable compensation. They will carefully examine your medical records as well as other documents to make sure that you receive the entire amount of damages for which you are eligible.