The First Steps in Car accident law firms Litigation

If the insurance company is refusing to provide the amount of money you need to cover your injuries, our hard-working lawyers will draft an official demand letter. This will list all your financial damages including medical expenses and lost wages, and non-economic damages like suffering and pain.

A jury or judge will then come to a decision. If they come to a decision 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 it is essential to prove negligence in obtaining compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports including police reports and other official reports.

Your lawyer may be able to determine what happened in the accident by taking photos of the scene, including skid marks, road debris and other physical evidence. Also, note the names and phone numbers of any witnesses who witnessed what happened. Witnesses that testify to support your version of what happened is crucial especially as it can be common for drivers to give contradicting accounts of what happened that leads to insurance companies refusing to accept the claim or denying responsibility altogether.

Other types of evidence your lawyer might use include medical records, which could include receipts, bills, diagnosis reports, lab results, discharge instructions, and other evidence that demonstrates the extent of your injuries. It is important to obtain these records as soon as you can and send copies to your medical professionals.

Depositions are another form of evidence that your attorney might utilize. It is a non-in court statement made under oath. It is then translated by a court reporter. Your lawyer could use the testimony to establish the fact that your injuries had an immediate and predicable connection to the accident and, therefore, can justify the need for compensation for your damages. Most of the evidence discussed above can be collected at the site of the accident or soon after but some of it may not be available until later in the legal process. It's important to contact a lawyer for car accidents with the appropriate credentials immediately to begin an inquiry while the evidence is still in its purest form.

2. Making a Complaint

After the dust has settled and you have tended to your injuries, it's time to seek legal advice from a professional. A car accident lawyer can provide you with the knowledge to maximize your compensation.

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

The discovery phase begins with both parties able to exchange information about their claims and defenses. The process can be very long and requires both parties to look over a number of documents, including police reports witnesses' statements, police reports, medical records, bills and much more. Each side is able to request interrogatories. These are a series of questions which the other side has to answer under oath in an agreed upon timeframe.

In this stage, your lawyer will also work with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they've affected your daily routine. Your lawyer will then estimate the total damages you have suffered that will include past and future medical expenses, lost earnings, pain and suffering, and more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver at the fault. This is more likely to happen after discovery and prior accidents to trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've sustained significant losses that aren't covered by the insurance policy, your case could be referred to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit the attorney representing you and the insurance company exchange information that could assist or derail your claim. Your attorney will request copies of the documents to prove your case. These documents include police reports, medical bills and work loss records from your employer (showing how much time you missed due to the accident) photographs 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 to inquire into witnesses and other parties who are not present.

These written discovery tools are circulated back and forth between the attorneys from both sides. They provide the opposing party a chance to respond to questions in writing, which have to be answered under oath, and to supply copies of certain documents and other information that could be helpful to your case.

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

The goal of these pretrial investigation processes is to help your lawyer to build an argument that is persuasive and strong against the at-fault party as well as their insurer, so that you are able to secure an equitable and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case, but the majority of cases do so during or after the investigation process, which is often done prior to trial.

4. Trial

Although the majority of car accidents are settled through informal negotiations If you and the insurance company are not in agreement about who is to blame or the amount you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder who makes a ruling that resolves the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any evidence supporting it including photos or videos of the scene or testimony from witnesses, medical professionals, and documents such as police reports and bills. You can also testify regarding your memory of the incident and how it impacted your life. Expert witnesses can also testify to back your claims. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of specific evidence.

In a trial, the jury will determine if the plaintiff's injuries were the result of the negligence of the defendant. They will be looking at proximate causes, a complex legal concept that law school students spend hours studying. Proximate cause examines how close the connection is between the defendant's actions and the plaintiff's injuries.

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

5. Settlement

Every state has a legal deadline, also known as the statute of limitations in which you must settle your claim or bring a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you might need to file a car accident lawsuit in the court. This can be time consuming and expensive, yet it is often required to seek compensation.

During this process during this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure where parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents referred to as motions to ask the court for specific things such as not allowing certain types of evidence at trial. Settlement negotiations may continue throughout this process, and a majority of civil disputes arising from car accidents end before a trial is required to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is solid and that you are willing to take the case to trial. Settlement is more efficient and less risky than a court trial.

It is vital to be aware of your injuries prior to committing to an agreement. You should also have completed all medical treatment. If you settle before your doctor has determined that you have reached maximum medical improvement (MMI) it is possible to not receive additional compensation. Additionally, you should not sign the release until you've met with your lawyer and received an accurate understanding of your losses. Your attorney will ensure that you don't be denied compensation that is valuable. They will review your medical records and other documentation to ensure that you receive all the compensation you're entitled to.