The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter if an insurance company refuses to pay you the amount you need for your injuries. This letter will detail all of your economic damages like medical expenses and lost wages as well as non-economic damages like pain and discomfort.

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

1. Gathering Evidence

In a lawsuit that involves an accident in the car, proving negligence is vital to receiving compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports such as police reports, and other official reports.

Photographs of the scene of the accident could assist your attorney in determining what happened during the collision, including the positions of both cars after impact, skid marks road debris and other physical evidence. Also, take note of the names and contact numbers of any witnesses who witnessed what occurred. It is crucial that witnesses to verify the events that took place, as it can often be the case that drivers offer contradictory stories that lead to insurance companies refusing or denying the liability.

Other types of evidence your lawyer may use include medical records. These could include bills, receipts diagnose reports, lab results, discharge guidelines, and other evidence that proves the severity of your injuries. It is essential to get these records as soon as you can and give copies to your healthcare providers.

Another type of evidence your attorney may use is a deposition, which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. Your lawyer can use the testimony to establish that your injuries had an immediate and predicable connection to the crash, which helps justify requesting the compensation you deserve for your damages. Most of the evidence discussed above can be gathered at the site of the crash or shortly after however, some might not be available until later in the legal process. This is why it's crucial to consult a highly-credentialed car Accident Law Firm lawyer as quickly as you can so that they can begin an investigation as evidence is in its most pure form.

2. The process of filing a complaint

Once the dust has settled and you've taken care of your injuries, it's the time to seek professional legal advice. A car accident lawyer can provide you with the knowledge to maximize your compensation.

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

This also initiates the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can take a long time and both teams will require a thorough review of documents, including police records and witness statements. They may also have to look at medical records as well as bills and other documents. Each side is able to request interrogatories. These are a series questions that the other side must answer under oath within the timeframe specified.

In this phase, Accident law firm your lawyer will also work closely with medical professionals to obtain a full picture of your injuries as well as the impact they've affected your life. Your attorney will calculate the total damages you have suffered including future and past medical expenses, lost earnings, suffering and pain, and more.

Sometimes, your lawyer could be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely following discovery and prior to trial. However, if the insurance company is unable to offer a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, your case may move forward to trial. A jury or judge will decide on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. This is the time when your attorney and the negligent insurer of the driver share information that could either support or hurt your claim. Your attorney will seek copies of all documents to support your claim. These include police reports, medical bills and work loss records from your employer (showing the length of time you've missed because of the accident law firms), accident law Firm photos of your vehicle and any damages or injuries and other financial details. Your lawyer will also make use of written discovery tools such as interrogatories, requests for production and requests for admissions to interview witnesses and other parties who aren't present in the case.

These tools for discovery in writing are distributed back and forth between attorneys on both sides. The written discovery tools give the other side an opportunity to respond to questions in writing, which must be answered under oath and to provide copies or other information that may be useful to you.

Your Long Island car accident attorney will also interview witnesses and anyone with information about the damages or injuries you sustained that could be crucial to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your responses could be recorded on video by a court reporter or transcribed.

These pretrial investigation procedures are designed to assist your lawyer develop a convincing argument against the person at fault and their insurance company in order to negotiate a fair settlement for all of your damages or losses, as well as expenses. Although there is no guarantee that all cases will settle however, the majority of cases settle in the course of or following the discovery process, which may be completed before the case is brought to trial.

4. Trial

Trials are possible when you and the insurance company are not in agreement regarding the fault of the other party or the amount you are entitled to for your injuries. A trial is an official process where both parties are required to argue their case and provide evidence before a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence including photos or videos of the scene of the accident, testimony from witnesses and medical professionals, or documents like police reports and bills. You may also testify on your personal memories of the incident, and how it impacted your life. Expert witnesses can also testify to support your claims. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of specific evidence.

The jury will determine at trial if the plaintiff's injury was the result of the defendant's negligent conduct. They will examine the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate causes considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you are entitled to. It's also a complex matter because it is based on the severity of your injuries as well as the extent to which you've suffered. Your attorney will present your evidence, including expert witness testimony regarding the severity of your injuries, the loss of income, and future earnings potential and your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations where you have to settle your claim or make a claim. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, then you might be required to file a vehicle accident lawsuit in the court. It can be expensive and time-consuming, but this is often necessary to get compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a process formal where both sides exchange information with one another). Your attorney will also prepare legal documents, also known as motions, requesting the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can continue throughout this process, and a majority of civil disputes arising from car accidents end before a trial can be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is strong and that you will be willing to take the case to trial. The settlement process is also quicker and less risky than the court trial.

Before settling on an agreement, it's crucial to fully comprehend the extent of your injuries and have completed all medical treatment. It is possible to lose additional compensation if you sign the settlement until your physician has concluded that you have reached the point of maximum improvement. Also, you should not sign a contract before you have spoken to your lawyer about your injuries. Your lawyer will make sure that you don't miss out on a substantial amount of compensation. They will carefully examine your medical records and other evidence to make sure that you receive the entire amount of damages to which you are eligible.