The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount of money you need for your injuries, our tenacious attorneys will prepare an official demand letter. The letter will list all of your financial losses like medical expenses and lost wages, as and non-economic losses such as pain and discomfort.

A judge or jury will then take a call. If they rule in your favor they will make you a victim and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit that involves an automobile accident it is essential to prove negligence in obtaining compensation for your injuries. Gathering evidence is among the initial steps in the litigation process. it requires gathering documents witnesses' testimony, photographs and official reports like police reports.

Photographs of the scene of the accident may assist your attorney in determining what happened during the crash, including the position of both cars after collision, skid marks, road debris and other physical evidence. Also, Accident Lawsuits note the names and contact details of any eyewitnesses who witnessed what transpired. Witnesses who testify that confirm your account of what happened is crucial, especially 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 even denying responsibility altogether.

Other types of evidence your lawyer may use include medical records, which can include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other documentation that demonstrate the extent of your injuries. You should seek these documents as soon as you can and give copies to your medical professionals.

Another type of evidence that your attorney might employ is a deposition which is an out-of court testimony delivered under oath and recorded by a court reporter. Your lawyer could make use of this testimony to prove your injuries had a direct, foreseeable link to the accident. This is a good argument to support requesting compensation. Most of the evidence discussed above is available at the scene of the crash or shortly after but some of it may not be available until much later in the litigation. This is why it's crucial to speak with a well-credentialed car accident lawyer as soon as possible, so that they can begin the investigation as evidence is in its purest form.

2. Making a complaint

Once the dust has settled and you've treated your injuries, it's time to seek professional legal advice. A car accident attorney will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.

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

The discovery phase begins and allows both parties to share information about their claims and defenses. The process can be lengthy and requires both teams to look over a number of documents, including police reports as well as witness statements, medical records, bills and more. Each side can request interrogatories. These are a series of questions which the other side must answer under oath within the timeframe specified.

During this stage, you lawyer will also collaborate with medical professionals to obtain the full picture of your injuries and the impact they've caused on your life. Your lawyer will estimate your total damages. This includes future and past medical expenses including lost wages, suffering and pain, and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. It is likely to be the case following the completion of discovery, but before trial. If the insurance company does not agree to an acceptable settlement, or if the damages are important and not covered by insurance, then you might need to go to trial. A jury or judge will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident the attorney representing you and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will request copies of documents to support your claim. This includes police reports medical bills, as well as work loss records from your employer (showing the length of time you missed due to the accident) photos of your vehicle and any damages or injuries, and other financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production, as well as requests for admissions in order to question witnesses and other parties who are not in the case.

The written discovery tools are circulated back and forth between attorneys of both sides. They give the opposing party a chance to respond to questions in writing, which must be sworn to under oath, and to supply copies of certain documents or other information that could be useful to your case.

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

These pre-trial investigation procedures are designed to help your lawyer construct a compelling case against the person who is at fault and their insurance company in order to get a fair settlement for all your losses, injuries, expenses and losses. While there is no guarantee that every case will settle however, the majority settles either during or after the discovery process, which can be completed before your case goes to trial.

4. Trial

The majority of car accidents settle through out-of-court negotiations If you and the insurance company disagree about fault or the amount of compensation you should receive for your injuries, your case may go to trial. A trial is an official process in which both parties present their arguments and evidence to an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will be able to give your account of the events in opening statements to the jury, together with any evidence you have, such as photos or video of the accident scene, witness testimony from people who witnessed the accident lawsuits and medical professionals, as well as documents like police reports and medical bills. You can also provide testimony regarding your memories of the incident and how it has affected your life. Expert witnesses will also provide testimony to support your claims. The defendant's attorney can interrogate witnesses and contest the admissibility of specific evidence.

The jury will decide during trial whether the plaintiff's harm was caused by the defendant's negligent behavior. They will examine proximate cause which is a tangled legal concept that lawyers will spend many hours studying during law school. Proximate cause looks at how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you are entitled to. It is also a complicated issue due to the severity of your injuries and the extent to which you've suffered. Your lawyer will present evidence that includes expert testimony regarding the severity of your injuries loss of income, future earning potential, as well your suffering and impairment.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations, in which you must settle your claim or bring a lawsuit. If your lawyer is not able to reach a settlement with the insurance company, you may be required to start a lawsuit in the courtroom. It is costly and time-consuming, but this is often necessary to seek compensation.

During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and attend hearings. Your attorney will also file legal documents, known as motions, which ask the court to do things such as excluding certain types evidence from trial. Settlement negotiations can continue throughout this process. Many car accident civil disputes are settled prior to a trial.

If they believe that your injury claim is solid and you are willing to go to trial insurance companies will make an appropriate settlement offer. Settlements are faster and less risky than an in-court trial.

It is crucial to fully comprehend your injuries prior to committing to a settlement. It is also important to have completed all medical treatments. You could lose out on additional compensation if you agree to a settlement until your doctor has determined that you have attained the point of maximum improvement. Also, you should not sign an agreement until you have spoken with your lawyer and had an understanding of all losses. Your lawyer will make sure that you don't lose out on valuable compensation. They will scrutinize your medical records as well as other documentation to ensure that you receive all damages for which you qualify.