The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount you require for your injuries, our tenacious lawyers will draft a formal demand letter. This will outline all your financial losses such as medical bills and lost wages, and non-economic damages, such as suffering and pain.

Then a judge or jury will make a decision. If they make a decision to your advantage, you will be awarded damages and accidents the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident it is essential to prove negligence to obtaining compensation for your injuries. Gathering evidence is among the first steps in the process of litigation, and it requires gathering documents witnesses' testimony, photographs, and official reports like police reports.

Your attorney might be able to establish what transpired in the incident by taking photographs of the scene, including skid marks road debris, skid marks and other physical evidence. Take down the names and contact information of any witnesses who witnessed what transpired. Witnesses who testify to corroborate your account of what transpired is vital particularly since it can be common for drivers to have contradictory accounts of what happened that can lead to insurance companies refusing to accept the claim or even denying the responsibility completely.

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

Another form of evidence your lawyer could make use of is a deposition which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. Your lawyer could use this evidence to prove your injuries were an immediate, obvious connection to the accident. This is a good argument to support the need for compensation. The majority of the evidence listed above is available at the site of the accident or shortly afterwards but some of it may not be available until much later in the legal process. It's crucial to speak with a lawyer for car accidents with the appropriate credentials immediately to begin an inquiry when the evidence is in its most pure form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, it's time to seek legal advice from a professional. An attorney who has handled car accidents can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is to file a complaint in court, which outlines the specific claims that you're making and how much money you are seeking in damages. The complaint is typically written by your lawyer and filed with the court and served to the defendant.

The discovery phase begins by allowing both parties to exchange information about their claims and defenses. The process can take a long duration and both teams will need to review a lot of documents like police reports and witness statements. They might also have to examine medical records and bills as well as other documents. Each side may demand interrogatories. They are a set of questions that each party must answer under oath by a predetermined timeframe.

During this stage, you lawyer will also work closely with medical professionals to obtain an accurate picture of your injuries as well as the impact that they've had on your life. Your attorney will calculate your total damages that 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 responsible driver's insurance company. This is more likely to occur after discovery and before the trial. If the insurance company is unable to offer a fair settlement or if you've sustained significant damages that are not covered by the insurance policy, the case may go to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident where your lawyer and the insurance company of the negligent driver company exchange information that could support or damage your claim. Your attorney will request copies of documents that support your case. These documents include police reports medical bills, as well as work loss records from your employer (showing the length of time you've missed because of the accident) photos of your vehicle and any damages or injuries, and other financial information. Your attorney may also employ written discovery tools, such as interrogatories, requests for production and request for admissions to question witnesses and other parties that are not in the case.

These tools for discovery in writing are circulated back and forth between attorneys on both sides. The written discovery tools provide the opposing side a chance to respond to questions in writing that need to be answered under oath and to provide copies or other information that may be useful to you.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident, as well as any person 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 various questions, and your responses will be recorded on video or transcribing by a court reporter.

The purpose of these pretrial investigation processes is to allow your lawyer to build an effective and convincing argument against the at-fault party as well as their insurance company so that you can get a full and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in every case however, most will settle during or following the investigation process, which is usually done prior to trial.

4. Trial

The majority of car accidents are resolved through informal negotiations, if you and the insurance company aren't in agreement on the cause or the amount of compensation you should receive for your injuries, your case may go to trial. A trial is a formal proceeding where both sides submit arguments and evidence to a factfinder, who renders a verdict that settles the issue. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence, such as photos or videos of the scene of the accident witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You can also testify about your personal memories of the incident, and how it impacted your life. Expert witnesses can also give testimony to support your assertions. The attorney representing the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

The jury will decide during trial if the plaintiff's injury was the result of the defendant's reckless behavior. They will examine proximate cause which is a complex legal concept that lawyers spend many hours studying during law school. Proximate causes considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury must also determine the amount of damages you will be awarded. It's also a complicated issue due to the extent of your injuries and the amount to which you've suffered. Your lawyer will present evidence which includes expert testimony regarding the severity of injuries as well as lost income and future earnings potential, as also your pain and suffering as well as impairment.

5. Settlement

Each state establishes a legal deadline, commonly referred to as the statute of limitations, by which you must settle your claim or bring a lawsuit. If your lawyer is not able to come to a deal with the insurance company, you may be required to start a lawsuit in the courtroom. It is costly and time-consuming, however it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a process formal where both sides exchange information with the other). Your lawyer will also file legal documents referred to as motions that ask the court to consider not allowing certain types of evidence at trial. Settlement negotiations may continue throughout the process, and many civil disputes arising out of car accidents will end before a trial can be held.

If they feel that your injury claim is legitimate and you are willing to go to trial Insurance companies will offer an appropriate settlement offer. Settlement is quicker and less risky than an in-court trial.

Before agreeing to a settlement, it is important to understand the severity of your injuries and that you have completed all medical treatment. If you accept a settlement before your doctor has determined you have reached your maximum medical improvement (MMI), you could miss out on additional compensation. Also, you should not sign a settlement agreement before you have consulted with your lawyer about your injuries. Your lawyer will make sure that you don't lose out on a significant amount of compensation. They will carefully examine your medical records and other evidence to ensure that you receive the full amount of damages for that you are eligible.