The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if the insurance company refuses to pay you the amount you need to cover your injuries. This letter will detail all of your economic damages such as medical costs and lost wages as also non-economic damages such as discomfort and pain.

Then, a judge or jury will take a call. If they decide in your favor they will award you damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves an automobile accident it is essential to prove negligence to receive compensation for your injuries. Gathering evidence is one of the first steps in the litigation process, and it involves collecting documents such as photographs, witness testimony and official reports such as police reports.

Photographs of the scene of the accident could assist your attorney in determining what happened during the accident, including the position of both vehicles after collision, skid marks, road debris and other physical evidence. Take down the names and contact information of any witnesses who witnessed the events. Having witnesses testify that corroborate your account of what transpired is vital especially as it can be common for drivers to have contradictory reports of what happened, which leads to insurance companies refusing to accept the claim or even denying responsibility completely.

Other forms of evidence your lawyer might use include medical records, which could include bills, receipts diagnostic reports, lab results, discharge instructions and other documentation that demonstrate the severity of your injuries. It is important to obtain these records as quickly as you can and give copies to your healthcare professionals.

A deposition is another form of evidence that your attorney may make use of. It is a non-in the court testimony that is under oath, which is then translated by a court reporter. Your lawyer may utilize this testimony to prove that your injuries had a direct, foreseeable link to the accident. This will help justify requesting compensation. While the majority of the above types of evidence are gathered at the accident law Firms scene or shortly afterward however, some evidence may not be available until later in the litigation process. This is why it's crucial to contact a reputable lawyer in the event of a car accident as soon as possible so that they can begin investigating when the evidence is in its purest form.

2. Making a complaint

After the dust has settled and you've treated your injuries, it's the time to seek professional legal advice. A lawyer for car accidents can give you the experience to maximize your compensation.

The first step is filing an application with the court. The complaint will detail your specific claims as well as the amount you'd like to recover in damages. This document is usually drafted by an attorney, and filed in the court. It is also delivered to the defendant.

The discovery phase begins with both parties able to exchange information about their defenses and claims. The process can be lengthy and requires both parties to look over a number of documents, including police reports and witness statements medical records, bills and much more. Each side can ask for interrogatories, which are a series of questions which the other party must 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 as well as the impact they've had on your life. Your attorney will then calculate the total damages you have suffered, which will include the past and future medical costs and lost earnings, as well as suffering and pain, and more.

Sometimes, your lawyer might be able to negotiate an agreement with the at-fault driver's insurance company. This is most likely to occur following the conclusion of discovery and prior to trial. However, if the insurance company refuses to provide a fair settlement or if you've sustained significant damages that are not covered by the insurance policy, your case may go to trial. A jury or judge will make a decision in the case based upon 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 negligent driver's insurer share information that could either support or derail your claim. Your attorney will seek copies of all documents to support your case. These documents include police reports, medical bills and work loss documents from your employer (showing the length of time you missed due to the accident), photos of your vehicle damaged or injured as well as other financial data. Your lawyer will also make use of documents for discovery in writing, such as interrogatories or requests for production as well as requests for admissions to question witnesses and other parties who aren't present in the case.

These tools for writing discovery are shared between attorneys on both sides. The written discovery tools give the opposing side a chance to answer questions in writing that need to be answered under oath and to provide copies or other information which could be helpful to you.

Your Long Island car accident attorney will also question witnesses and anyone with information about your injuries or damages that could be essential to your case. During a deposition, the lawyer for the person who is at fault will ask you various questions, and your responses will be recorded on video or translated by a court reporter.

The purpose of these pretrial investigation processes is to help your lawyer to present an argument that is persuasive and strong to the at-fault party and their insurer, so that you can secure a full and fair settlement for your injuries, accident law Firms losses and expenses. While there is no guarantee that all cases settle but the majority settle either during or after the discovery process, which may be completed before the case reaches trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations however, if you and your insurance company disagree about fault or the amount of compensation you should receive for your injuries, the case may be heard in a trial. A trial is a formal process where both parties are required to argue and present evidence to an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will present your version of events in your opening statements to the jury, together with any evidence you may have, such as images or videos of the accident lawyers scene, testimony from bystanders and medical professionals, as well as documents such as medical bills and police reports. You may also offer your testimony about your memories of the incident and how it changed your life. Expert witnesses can also provide testimony to support your claims. The defendant's lawyer can cross-examine witnesses and challenge to the admissibility of certain evidence.

At trial, the jury must decide whether the plaintiff's injuries were caused by the defendant's negligence. They will examine the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate cause looks at 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're entitled to. This is a more complicated matter, as it depends on how severe your injuries are and the extent of your losses. Your lawyer will present your evidence that includes expert witness testimony regarding the severity of your injuries, your loss of income and future earnings potential, as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Every state has a deadline that you must meet to settle your claim, or even file an action. This is referred to as the statutes of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, then you might require filing a car accident lawsuit in the court. It can be costly and time-consuming, but this is often necessary to get compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where both sides exchange information with each other). Your lawyer will also file legal documents referred to as motions that ask the court to consider not allowing certain types of evidence during trial. Settlement negotiations can continue throughout this process. A majority of car accident civil disputes are settled before a trial is needed.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and that you will be willing to take the case to trial. In addition the settlement process is faster and less risky for them than a trial.

It is important to fully comprehend the extent of your injuries prior to agreeing to an agreement. You must also have completed all medical treatment. If you accept a settlement before your doctor has determined you have reached your maximum medical improvement (MMI) it is possible to be denied additional compensation. You should also not sign the release until you've had a conversation with your lawyer and gained a complete understanding of your losses. Your lawyer will ensure you do not miss out on valuable compensation. They will look over your medical records as well as other documents to ensure that you are entitled to all of the damages you are entitled to.