The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official letter of demand if the insurance company refuses to pay you the amount you're entitled to for your injuries. The letter will outline all of your economic damages like medical expenses and lost wages, as also non-economic damages such as pain and discomfort.

Then, a judge or jury will then make a decision. If they come to a decision to your advantage you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is crucial to get compensation for your losses and injuries. Collecting evidence is one the initial steps in the litigation process, and it involves collecting documents witnesses' testimony, photographs, and official reports like police reports.

Your attorney may be able to establish what happened during the accident by taking photographs of the scene, including skid marks road debris, skid marks and other physical evidence. Note down the names and contact details of any witnesses who witnessed what transpired. Witnesses who testify that confirm your version of what transpired is vital especially as it can be common for drivers to have contradictory stories of what happened. This leads to insurance companies refusing to accept the claim, or even deny responsibility completely.

Medical records can also be used by your lawyer to establish the severity of your injuries. These documents may include bills, receipts as well as lab results, diagnosis reports, discharge directions and other forms of documentation. You should obtain these documents as soon as you can and send copies to your medical professionals.

Depositions are another form of evidence that your attorney can utilize. It is a non-in court statement made under oath, and then translated by a court reporter. The lawyer can utilize this testimony to prove that your injuries were an obvious, predicable connection to the accident. This is a good argument to support seeking compensation. Although the majority of the above types of evidence are taken at the scene of the accident or within a short time after, some of it might not be available until later in the litigation process. This is why it's important 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. Making a Complaint

After the dust has settled, and you've taken care of your injuries, you should seek legal advice from an experienced. A lawyer from a car accident can provide you with the expertise 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'd like to recover in damages. This type of document is typically drafted by an attorney, Accident lawsuit and filed in the court. It is also served on the defendant.

The discovery phase begins with both parties able to share information regarding their claims and defenses. The process can be long and requires both sides to go through a myriad of documents including police reports and witness statements medical records, bills and much more. Each side can request interrogatories. These are a series questions that the other side has to answer under oath within a specified time frame.

In this phase, your lawyer will also work closely with your doctor to get a full picture of your injuries and the impact they've had on your life. Your lawyer will determine your total damages. This will include past and upcoming medical expenses including lost wages, the pain and suffering of others, and many more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver who is at fault. This is most likely to take place after the completion of discovery, but before trial. However, if the insurance company is unable to settle the claim in a fair manner or if you've incurred significant damages that are not covered by the insurance policy, the case could go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident law firms where your lawyer and the insurance company of the negligent driver company exchange information that may support or damage your claim. Your attorney will request copies of the documents supporting your case, such as medical bills, police reports as well as work loss records (e.g., from your employer showing how long you missed work because of the accident), photographs of your vehicle, any injuries or damages and other financial information. Your attorney can also make use of tools for writing discovery, such interrogatories and requests for production to inquire into parties 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 an opportunity to answer questions in writing, which must be answered under oath. They also ask you to provide copies or other information that could be helpful to you.

Your Long Island car accident lawyer will also depose witnesses to the collision and anyone who has information about your injuries or damages that could be relevant to your case. During a deposition, your lawyer representing the person at fault will ask you questions, and your answers will be recorded on video by an official court reporter or recorded.

The goal of these pretrial investigation processes is to allow your lawyer to present an argument that is persuasive and strong against the at-fault party as well as their insurance company so that you can secure an equitable and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases settle but the majority settle during or after the discovery process, which is often be completed prior to the time your case reaches 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 could be heard in a trial. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder, who renders a verdict that settles the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial your lawyer will be able to give your account of the events in your opening statements to the jury as well as any other evidence you have, such as photos or video of the accident scene, witness testimony from bystanders and medical professionals, and documents such as medical bills and police reports. You may also testify about your memory of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The lawyer of the defendant may cross-examine the witnesses and object to admissibility of some evidence.

At trial, the jury will determine if the plaintiff's injuries were the result of the negligence of the defendant. They will look at the proximate causes, which is a complicated legal concept that law school students spend hours studying. Proximate cause considers 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 should receive. It's also a complex issue due to the severity of your injuries and the degree to which you've suffered. Your attorney will present evidence which includes expert testimony about the severity of injuries as well as lost income and future earnings potential, as also the extent of your suffering and impairment.

5. Settlement

Every state has a deadline that you must meet to settle your claim or file a lawsuit. This is referred to as the statute of limitations. If your lawyer is unable to come to a deal with the insurer, you could be required to file a lawsuit in court. It can be time-consuming and costly, but it is often required to seek compensation.

During this procedure during this process, 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 lawyer will also file legal documents, referred to as motions to request the court for specific things such as excluding certain types of evidence in trial. Settlement negotiations may continue throughout this process. A lot of civil disputes are resolved prior to a trial.

If they believe your injury claim is solid and that you are willing to go to trial the insurance company will offer an appropriate settlement offer. In addition the settlement process is quicker and less risky for them than a trial.

Before settling the settlement, it's crucial to fully comprehend the severity of your injuries and have completed all medical treatments. If you agree to a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI) it is possible to miss out on additional compensation. Additionally, you should not sign the release until you've spoken with your lawyer and had an accurate understanding of your losses. Your lawyer will make sure that you don't lose out on the valuable compensation. They will carefully review your medical records as well as other documents to ensure that you receive the entire amount of damages for which you are eligible.