The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if an insurance company is unable to pay the amount you require for your injuries. This will outline all your financial damages, such as medical bills and lost wages, and other damages that are not economic, like pain and suffering.

A judge or jury will then make a decision. If they rule in your favor, they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an automobile accident, accident attorney proving negligence is vital to receive compensation for your injuries. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports, including police reports and other official reports.

Your lawyer might be able to establish what transpired in the incident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Also, note the names and contact numbers of any eyewitnesses who witnessed what happened. It is essential that witnesses corroborate the events that occurred, as it can often happen that drivers give contradictory stories that lead to insurance companies refusing or denying liability.

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

Depositions are another form of evidence that your attorney may make use of. It is an out-of court testimony given under oath, which is then transcribing by a Court Reporter. The lawyer can utilize this testimony to prove that your injuries have a direct, foreseeable link to the accident. This helps to justify the need for compensation. The majority of the evidence mentioned above can be gathered at the site of the accident or shortly afterwards, but some may not be available until much later in the legal process. This is why it's crucial to consult a highly-credentialed car accident lawyer as quickly as possible so that they can begin investigating when the evidence is in its purest form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, you need to seek legal advice from an experienced. A car accident law firm lawyer can provide you with the expertise to maximize your compensation.

The first step is filing a complaint with the court. This document will outline your specific claims as well as the amount of money you wish to recover in damages. This form is usually prepared by an attorney, and filed in court. It will also be served on the defendant.

This also initiates the discovery phase that allows both sides to exchange information and evidence related to their defenses and claims. The process can take a long time and requires both teams to go through a myriad of documents including police reports, witness statements medical records, invoices and more. Each side is able to request interrogatories. They are a set of questions which the other side must answer under oath within the timeframe specified.

In this phase, your lawyer will also collaborate with medical professionals to obtain the full picture of your injuries and the impact that they've caused on your life. Your attorney will then calculate your total damages that include future and past medical expenses as well as lost earnings, suffering and pain and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the responsible driver's insurance company. This is more likely to happen after discovery and before the trial. If the insurance company is unwilling to offer an acceptable settlement, or if the damage is substantial and not covered by insurance, then you might be required to appear in court. A jury or judge will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. It is the point at which your attorney and negligent insurer for the driver exchange information that could support or derail your claim. Your attorney will request copies of the documents to prove your case. This includes police reports medical bills, as well as work loss documents from your employer (showing the amount of time you've missed due to the accident) photos of your vehicle as well as any injuries or damages as well as other financial data. Your lawyer will also make use of written discovery tools, such as interrogatories or requests for production as well as requests for admissions to interview witnesses and other parties that aren't present in the case.

These documents are shared between attorneys on both sides. They provide the opposing party the opportunity to answer questions in writing, which have to be answered under oath, and to supply copies of certain documents or other information which could be beneficial to your case.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding 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 responses will be recorded on video, or transcribed by a court reporter.

The purpose of these pre-trial investigation procedures is to assist your lawyer to create a strong and compelling case to the party at fault and their insurance company so that you can secure a full and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in every case however, the majority of them will settle during or following the investigation process, which is often concluded prior to the trial.

4. Trial

Trials are possible in cases where you and the insurance company are not in agreement about who is at fault or the amount of compensation you should receive for your injuries. A trial is a formal hearing in which both sides present arguments and evidence to a factfinder who makes a ruling that settles the issue. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any supporting evidence including photos or videos of the scene as well as testimony from witnesses and medical professionals, or documents like police reports and bills. You can also offer testimony regarding your memory of the incident and how it has changed your life. Expert witnesses can also provide evidence to support your claims. The lawyer of the defendant may cross-examine witnesses and challenge to admissibility of some evidence.

The jury will decide at trial whether the plaintiff's injury was the result of the defendant's negligence. They will be looking at the proximate cause, a complicated legal concept that law students will spend hours studying. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. It is also a complicated issue because it depends on the severity of your injuries as well as the degree to which you've suffered. Your attorney will present your evidence that includes expert testimony from a witness regarding the severity of your injuries, your loss of income, and your future earnings potential in addition to your pain and suffering disfigurement, impairment, and.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations by which you must settle your claim or make a claim. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you may have to file a car accident lawsuits lawsuit in court. It can be expensive and time-consuming, but it is usually required to obtain compensation.

During this procedure you and your Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and be present at hearings. Your lawyer will also file legal documents known as motions asking the court to consider the exclusion of certain kinds of evidence at trial. Settlement negotiations may continue throughout the process, and a majority of civil disputes arising out of car accidents will end before a trial is required to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your claim for injury is solid and you'll be willing to take the case to trial. The settlement process is also quicker and less risky than an in-court trial.

It is important to fully understand your injuries before you agree to an agreement. You must also have completed all medical treatments. It is possible to lose additional compensation if settling an offer of settlement until your doctor has determined that you have attained the maximum level of improvement in your medical condition. Also, you should not sign a contract before you have spoken with your lawyer regarding your damages. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will review your medical records, and other documents to ensure that you receive all the compensation you're entitled to.