The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you need for your injuries, our determined attorneys will prepare an official demand letter. This will outline all your financial losses such as medical bills and lost wages, and other damages that are not economic, like pain and suffering.

Then a judge or jury will decide. If they rule in your favor you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident might assist your attorney in determining what actually happened in the accident, including the position of both cars following the impact, accident attorney skid marks, road debris and other physical evidence. Also, take note of the names and contact details of any witnesses who witnessed what occurred. It is crucial that witnesses who can confirm the events that took place, since it can often happen that drivers will give contradictory information that can lead to insurance companies denying or refusing responsibility.

Medical records can also be utilized by your lawyer to prove the severity of your injuries. They could include receipts, bills as well as lab results, diagnosis reports, discharge instructions, and other records. You should get these records as quickly as you can and give copies to your healthcare providers.

Another type of evidence that your attorney could make use of is a deposition which is out-of-court testimony given under oath and transcribed by a court reporter. Your lawyer could use this testimony to establish your injuries had an obvious, predicable connection to the accident. This can be used to justify requesting compensation. While most of the above-mentioned types of evidence are taken at the scene of the accident attorneys or soon afterward, some of it might not be available until later in the litigation process. This is why it's vital to speak with a well-credentialed car accident lawyer as soon as you can, so they can begin the investigation as evidence is in its purest form.

2. Filing a complaint

Once the dust has settled and you have tended to your injuries, it's time to seek expert legal advice. An attorney who has handled car accidents can provide the expertise needed to help you get the most compensation for your claim.

The first step is to file a complaint with court, which outlines the specific claims you're bringing and the amount you are seeking in damages. This type of document is typically drafted by an attorney and filed in the court. It is also given to the defendant.

This also begins the discovery phase which allows both parties to exchange information and evidence related to their defenses and claims. The process can take a long time and both teams will need to review a lot of documents including police reports and witness statements. They may also have to look at medical records or bills, as well as other documents. Each side can require interrogatories. These are a set of questions that each party must answer under oath within a set date.

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 affected your life. Your attorney will calculate the total damages. This will include any future medical expenses including lost wages, suffering and pain and suffering, and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver at the fault. This is more likely to happen following discovery and prior to trial. If the insurance company doesn't agree to an equitable settlement, or if your losses are important and not covered by insurance, then you could have to go to trial. A jury or judge will make a decision in the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit where your lawyer and the insurance company exchange information that could help or hurt your claim. Your attorney will ask for copies of documents to support your claim. This includes police reports, medical bills and work loss records from your employer (showing the amount of time you missed due to the accident), photos of your vehicle, any injuries or damages, and other financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to inquire about witnesses and other parties who are not present.

These written discovery tools are used to exchange information between attorneys on both sides. They give the opposing side the chance to respond to questions in writing, which need to be answered under oath, and to supply copies of certain documents or other data that may be relevant to your case.

Your Long Island car accident attorney (you can look here) lawyer will also depose people who are witnesses to the collision as well as anyone who has information about your injuries or damages that could be important to your case. In a deposition, the lawyer representing the party at fault will ask you questions, and your answers will be recorded on video by a court reporter or transcribed.

The purpose of these pretrial investigation processes is to enable your lawyer to present an argument that is persuasive and strong to the party at fault and their insurer, so that you can receive an adequate and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases will settle, the majority do either during or after the discovery process, which can often be completed before your trial.

4. Trial

The majority of car accidents are settled through informal negotiations, if you and the insurance company disagree about fault or the amount you should receive for your injuries, the case may go to trial. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder who renders a verdict that settles the issue. 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 evidence supporting it including photos or videos of the scene witness testimony, statements from witnesses and medical professionals, or documents like police reports and bills. You can also testify regarding your personal memories of the incident, and how it affected your life. Expert witnesses can also testify to support your assertions. The defendant's attorney can cross-examine witnesses and object to the admissibility of specific evidence.

The jury will decide in the trial whether the plaintiff's harm was the result of the defendant's negligence. They will be looking at proximate causes, a complex legal concept that law students spend hours studying. Proximate cause considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. It's also a complicated issue due to the degree of your injuries and the extent to which you have suffered. Your lawyer will provide evidence, including expert testimony, regarding the severity of your injuries loss of income, future earning potential, as well as your suffering and impairment.

5. Settlement

Every state has a legal deadline, Accident Attorney referred to as the statute of limitations by which you must settle your claim or file a lawsuit. If your lawyer can't negotiate a settlement with the insurer, you could be required to file a lawsuit in court. This could be a lengthy process and costly, however it is often required to seek compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and will attend hearings. Your attorney will also submit legal documents, referred to as motions, asking the court to take actions like exclude certain types of evidence from trial. Settlement negotiations can be ongoing throughout the entire process, and a lot of civil disputes arising out of car accidents will end before a trial can be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is solid and that you are willing to go to trial. In addition settlement is quicker and less risky for them than a trial.

It is vital to fully comprehend your injuries prior to an agreement. It is also important to have completed all medical treatments. If you agree to a settlement before your doctor has determined you have reached your maximum medical improvement (MMI) then you could be denied additional compensation. It is also important not to sign a release before you have spoken to your lawyer about the damages. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will carefully examine your medical records and other evidence to make sure that you get the full amount of damages to that you are eligible.