The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if the insurance company refuses to provide you with the amount you need to cover your injuries. This will include all of your financial damages including medical expenses and lost wages, and non-economic damages like pain and suffering.

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

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is key to obtaining 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 including police reports and other official reports.

Your lawyer may be able to establish what happened in the accident by taking pictures of the scene, including skid marks, road debris and other physical evidence. Also, keep track of the names and phone numbers of any witnesses who witnessed what transpired. It is important to have witnesses to verify the events that were actually happening, as it may often happen that drivers will give contradictory information that can lead to insurance companies refusing or denying the responsibility.

Medical records can also be used by your lawyer in order to prove the severity of your injury. These documents could include bills, receipts, lab results, diagnosis reports, discharge directions and other forms of documentation. It is important to obtain these records as soon as possible and be sure to send copies to your healthcare providers.

A deposition is a different type of evidence your lawyer might utilize. This is an out-of court testimony given under oath and later recorded by a Court Reporter. Your lawyer may use this testimony to establish your injuries were a direct, foreseeable link to the accident. This helps to justify seeking compensation. The majority of the evidence listed above can be obtained at the site of the accident or soon after however some evidence may not be available until later in the litigation. It's important to contact an attorney for car accidents with the right credentials as soon as you can to begin an inquiry while the evidence is in its most natural form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, you should seek legal advice from an experienced. An attorney who has handled car accidents will be able to provide the expert advice you require to help you get the most compensation for your claim.

The first step is to file a complaint in the court, accident law firm describing the specific claims you have filed and the amount of money you are seeking in damages. This form is usually prepared by an attorney, and filed in court. It will also be delivered to the defendant.

The discovery phase begins and allows both parties to share information regarding their claims and defenses. The process can be very long and requires both teams to look over a number of documents, including police reports witnesses' statements, police reports and medical records, as well as bills and much more. Each side can request interrogatories. These are a series of questions which the other side has to answer under oath in a specified time frame.

During this stage, you lawyer will also work closely with doctors to get a full picture of your injuries and the impact that they've affected your life. Your lawyer will determine your total damages. This will include any future medical expenses as well as lost wages, suffering and pain, and much more.

Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. This will most likely be the case following the completion of discovery and prior to trial. If the insurance company refuses to offer a fair settlement or if you've sustained significant damages that are not covered by the insurance policy, the case could go to trial. A judge or Accident law firm jury will decide on the case based on the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit where your lawyer 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 that support your case, such as medical bills, police reports, work loss records (e.g., from your employer which reveals how long you missed work due to the accident) photographs of your car and any damages or injuries, and other relevant financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to question witnesses and other parties who are not present.

These written discovery tools are distributed back and forth between the attorneys from both sides. The written discovery tools provide the opposing 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 useful to you.

Your Long Island car accident attorney will also question witnesses and any other person with information about your injuries or damages that could be vital to your case. During a deposition, the lawyer representing the at-fault party will ask you questions, and your answers could be recorded on video by the court reporter or translated.

The goal 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 insurer, so that you can secure a fair and complete settlement for your injuries, losses and expenses. Although there is no guarantee that all cases settle, the majority do at the end of or following the discovery process, which can often be completed prior to the time your trial.

4. Trial

Trials are possible in cases where you and the insurance company disagree on fault or the amount of compensation you are entitled to for your injuries. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder, who issues a decision that settles the issue. In personal injury cases the factfinder is typically a jury.

During the trial, your lawyer will present your version of events in opening statements to the jury, and any supporting evidence you may have, such as pictures or videos of accident attorneys scene, testimony from witnesses and medical professionals, and documents such as police reports and medical bills. You can also offer testimony regarding your memory of the incident and how it affected your life. Expert witnesses can also testify to support your claims. The lawyer for the defendant can interrogate witnesses and object to the admissibility of certain evidence.

In a trial, the jury will decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will examine the proximate cause, a complicated legal concept that law school students spend hours studying. Proximate cause looks at the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. It's also a complicated issue because it depends on the extent of your injuries and the extent to which you have suffered. Your attorney will present your evidence which includes expert witness testimony regarding the severity of your injuries, your loss of income, as well as future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a deadline by which you can settle your claim or bring 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, then you might need to file a car accident lawsuit in the court. This can be time consuming and expensive, yet it is often required to seek compensation.

During this procedure the Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and be present at hearings. Your lawyer will also file legal documents, referred to as motions asking the court for certain things, such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can continue throughout this process. A lot of car accident law firm civil disputes are resolved before a trial is necessary.

If they believe that your injury claim is valid and you are willing to go to trial, insurance companies will make an acceptable settlement offer. Additionally, the settlement process is faster and less risky than a trial.

It is vital to understand your injuries prior to committing to a settlement. It is also important to have completed all medical treatment. If you settle prior to your doctor determining that you have reached maximum medical improvement (MMI), you could not receive additional compensation. Also, you should not sign a release until you've met with your lawyer and gained an understanding of all losses. Your lawyer will make sure that you don't miss out on a substantial amount of compensation. They will carefully review your medical records as well as other documents to make sure that you receive the entire amount of damages for that you are eligible.