The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you need for your injuries, our tenacious attorneys will prepare an official demand letter. It will detail all your financial losses including medical expenses and lost wages, as well as other damages that are not economic, like suffering and pain.

A judge or jury will then take a call. If they rule to your advantage, you will be awarded damages. In addition, the defendant is required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving the negligence and liability is essential to receive compensation for your injuries and losses. Gathering evidence is among the first steps of the process of litigation, and it requires gathering documents witnesses' testimony, photographs as well as official reports, such as police reports.

Photographs of the scene of the accident might assist your attorney in determining what actually happened in the collision, including the location of both vehicles after collision, skid marks, road debris and other physical evidence. Note down the names and contact numbers of any witnesses who were present to witness what transpired. It is crucial to have witnesses who can confirm the events that occurred, as it can often happen that drivers give contradictory stories that lead to insurance companies refusing or denying liability.

Other evidence that your lawyer could utilize include medical records, which can include bills, receipts diagnose reports, lab results, discharge instructions, and other documentation that demonstrate the severity of your injuries. It is essential to get these records as soon as you can and give copies to your healthcare professionals.

Another type of evidence that your attorney could make use of is a deposition which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer may use this testimony to establish your injuries had a clear, identifiable connection to the accident. This is a good argument to support seeking compensation. The majority of the evidence mentioned above can be gathered at the site of the accident or within a short time however some evidence may not be available until later in the legal process. This is why it's important to contact a reputable lawyer in the event of a car accident lawsuits as soon as you can so that they can begin the investigation when the evidence is in its purest form.

2. Making a complaint

After the dust has settled, and you've taken care of your injuries, you need to seek legal advice from a professional. A car accident attorney can provide the necessary expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with court, which outlines the specific claims that you have filed and the amount you are seeking in damages. The complaint is typically written by your lawyer and filed with the court and then served on the defendant.

This also begins the discovery phase which allows both sides to exchange information and evidence that is related to their claims and defenses. The process can be lengthy and requires both teams to look over a number of documents, including police reports and witness statements and medical records, as well as bills and more. Each side may demand interrogatories. They are a set of questions that each party must answer under oath by a predetermined deadline.

In this phase, your lawyer will also work closely with medical professionals to obtain an accurate picture of your injuries and the impact they've affected your life. Your lawyer will then calculate the total damages you have suffered including the past and future medical costs and lost earnings, as well as pain and suffering and much more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver at the fault. This is more likely following discovery and prior to trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've sustained substantial damages that aren't covered by the insurance policy, the case may move forward to trial. A jury or judge will make a decision on the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident, where your attorney and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will request copies of the documents to support your claim. These documents include police reports, medical bills and work loss documents 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 financial information. Your attorney may also use written discovery tools, such as interrogatories and requests for production to question witnesses and parties who are not present.

The written discovery tools are exchanged back and forth between the attorneys on both sides. They give the opposing side a chance to respond to questions in writing, that must be sworn to under oath, and to supply copies of certain documents or other information that could be helpful to your case.

Your Long Island car accident Law firms attorney will also depose witnesses and anyone who has information regarding your injuries or damages which could be important to your case. In a deposition, the lawyer of the at-fault person will ask you questions, and your answers will either be recorded on video by the court reporter or translated.

The purpose of these pre-trial investigation procedures is to help your lawyer to construct an argument that is convincing and persuasive against the at-fault party as well as their insurance company so that you can get a full and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case, but the majority of them do so during or after the investigation process, which is usually done prior to trial.

4. Trial

Trials are possible where you and the insurance provider disagree about who is at fault or the amount you should be awarded for your injuries. A trial is a formal process in which both sides are required to argue their case and provide evidence before a factfinder who will make an decision on how to resolve the dispute. 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 evidence supporting it, such as photos or videos of the scene of the accident, testimony from witnesses and Accident Law Firms medical professionals, documents like police reports and bills. You can also testify about your memory of the incident and how it affected your life. Expert witnesses can also testify to back your claims. The defendant's attorney can cross-examine witnesses and challenge the admissibility of certain evidence.

The jury will decide during trial whether the plaintiff's harm was the result of the defendant's negligent conduct. They will consider proximate cause an intricate legal concept that lawyers spend countless hours studying during law school. Proximate cause looks at the degree of connection 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 thorny issue because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will provide evidence including expert testimony about the severity of injuries, lost income and future earnings potential, as also your pain and suffering and impairment.

5. Settlement

Each state has a deadline by which you can settle your claim or file an action. This is referred to as the statute of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, then you might be required to file a vehicle accident lawsuit in the court. It can be time-consuming and expensive, but it is usually required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where each side exchanges information with the other). Your attorney will also submit legal documents, referred to as motions, asking the court to do things like exclude certain types of evidence from trial. Settlement negotiations can go on throughout the entire process, and many civil disputes arising out of car accidents will end before a trial can be held.

If they believe your injury claim is solid and that you are willing to go to trial insurance companies will make an acceptable settlement offer. Additionally, the settlement process is quicker and less risky for them than a trial.

Before you agree to the settlement, it's crucial to fully comprehend the severity of your injuries and that you have completed all medical treatment. If you agree to a settlement before your doctor has determined you have reached your maximum medical improvement (MMI), you could not be eligible for additional compensation. Don't sign a release before you have spoken with your lawyer about your damages. Your attorney will ensure that you don't lose out on the valuable compensation. They will go through your medical records, and other documentation, to ensure that you are entitled to all of the damages for which you qualify.