The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if the insurance company refuses to provide you with the amount you need for your injuries. This letter will provide a detailed description of your economic losses like medical expenses and lost wages as and non-economic losses like pain and discomfort.

A jury or judge will then make a ruling. If they rule in your favor they will give you damages and the defendant will be required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is essential to receive compensation for your losses and injuries. Gathering evidence is one of the initial steps in the litigation process. it involves collecting documents such as photographs, witness testimony and official reports like police reports.

Your lawyer might be able to determine what transpired in the accident by taking pictures of the scene, including skid marks and road debris as well as other physical evidence. Also, note the names and contact numbers of any witnesses who were present at the incident. It is crucial that witnesses corroborate the events that took place, as it can often be the case that drivers offer contradictory statements that result in insurance companies denying or refusing liability.

Other evidence forms your lawyer might use include medical records, which can include receipts, bills diagnose reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. You should get these records as soon as you can and ensure that you give copies to your healthcare professionals.

Depositions are another form of evidence your lawyer can use. It is an out-of court testimony given under oath, which is then translated by a court reporter. Your lawyer could make use of this testimony to prove your injuries were a clear, identifiable connection to the accident. This will help justify requesting compensation. While the majority of the above kinds of evidence can be obtained at the scene or soon afterward but some of the evidence might not be accessible until later in the litigation process. It is essential to contact an attorney in the case of a car crash with the appropriate credentials as soon as you can to start an investigation as evidence is in its purest form.

2. Making a Complaint

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

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

It also kicks off the discovery phase which allows both parties to exchange information and evidence pertaining to their claims and defenses. The process can be lengthy and requires both teams to go through a myriad of documents including police reports as well as witness statements and medical records, as well as bills and more. Both sides can request interrogatories. These are a series of questions which the other side has to answer under oath in the timeframe specified.

In this phase your lawyer will collaborate with doctors to ensure they have a complete picture of the seriousness of your injuries and the impact they have affected your daily routine. Your lawyer will determine the total damages. This will include future and past medical expenses, lost wages, suffering and pain and suffering, and more.

Your lawyer could be able to reach a settlement deal with the insurance company of the driver at the fault. This is more likely to occur following discovery and prior to trial. However, if the insurance company is unable to settle the claim in a fair manner or if you have incurred significant damage that is not covered by the insurance policy, the case could go to trial. A judge or jury will make a decision on the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. This is the time when your attorney and the negligent insurance company of the driver exchange information that could support or damage your claim. Your attorney will ask for copies of documents to support your claim. These include police reports as well as medical bills and work loss documents from your employer (showing the amount of time you've missed due to the accident), photos of your vehicle and any damages or injuries and other financial details. Your attorney may also use written discovery tools such as interrogatories and requests for production to inquire about witnesses and witnesses who are not present.

These written discovery tools are used to exchange information between attorneys on both sides. The written discovery tools provide the opposing side a chance to answer questions in writing which must be sworn to under oath, and to provide copies or other information that may be useful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the collision and also anyone with information on your injuries or damage that could be crucial to your case. During a deposition, the lawyer representing the person at fault will ask you questions and your answers are recorded on video by the court reporter or translated.

The purpose of these pre-trial investigation procedures is to assist your lawyer to construct a strong and compelling case to the at-fault party and their insurer, so that you can receive a fair and complete settlement for your losses, injuries and expenses. While there is no guarantee that all cases settle however, the majority settles either during or after the discovery process, which is often be completed before your case goes to trial.

4. Trial

The majority of car accidents settle through negotiations outside of court, if you and the insurance company disagree about fault or the amount of compensation you are entitled to for your injuries, your case may be heard in a trial. A trial is an official proceeding where both parties present arguments and evidence before the factfinder, who makes a decision to resolve the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any evidence supporting it, such as photos or videos of the scene of the accident law firms, testimony from witnesses and medical professionals, documents like police reports and bills. You can also give your testimony regarding your recollection of the incident and how it changed your life. Expert witnesses can also testify to back your claims. The lawyer of the defendant may interrogate witnesses and object to the admissibility of evidence.

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

A jury must also determine how much damages you're entitled to. This is a more complicated matter because it is contingent on the severity of your injuries and accident attorney the severity of your losses. Your lawyer will present evidence that includes expert testimony about the severity of injuries, lost income and future earnings potential, as also your pain and suffering as well as impairment.

5. Settlement

Every state has a legal deadline, referred to as the statute of limitations, in which you must settle your claim or make a claim. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you could require filing a car accident lawsuit in the court. This could be a lengthy process and costly, however it is usually required to seek compensation.

During this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents referred to as motions to request the court for things like the exclusion of certain kinds of evidence during trial. Settlement negotiations may continue throughout this process. A lot of car accident civil disputes are resolved before a trial is needed.

If they believe your injury claim is solid and you are willing to go to trial, insurance companies will make an acceptable settlement offer. The settlement process is also more efficient and less risky than a court trial.

Before you agree to an agreement, it's important to understand the extent of your injuries and completed all medical treatment. You could be denied additional compensation if settling a settlement until your doctor has concluded that you have reached the level of medical improvement that is the highest. Additionally, you should not sign a release until you've met with your lawyer and gained a complete understanding of your damages. Your lawyer will make sure that you don't get a poor deal on compensation. They will go through your medical records, and other documentation, to ensure that you are entitled to all the damages for which you qualify.