The First Steps in Car accident law firm - moved here - Litigation

If the insurance company refuses to give you the amount of money you need to cover your injuries, our persistent attorneys will prepare a formal demand letter. The letter will list all of your economic losses such as medical expenses, lost wages as well as non-economic damages such as pain and discomfort.

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

1. Gathering Evidence

In a case of a car crash lawsuit the proof of negligence and liability is key to obtaining compensation for your losses and injuries. Collecting evidence is one the first steps of the litigation process, and it involves gathering documents including photographs, witness statements, and Accident Law Firm official reports like police reports.

Your attorney may be able to determine what happened during the incident by taking photographs of the scene, including skid marks or road debris, as well as other physical evidence. Note down the names and contact numbers of any witnesses who saw the events. Witnesses who testify to corroborate your account of what happened is crucial, especially 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 deny responsibility completely.

Medical records can also be utilized by your lawyer to establish the severity of your injury. These documents could include bills, receipts and lab results, diagnose reports, discharge instructions, and other forms of documentation. You should obtain these records as soon as you can and be sure to give copies to your healthcare professionals.

Another form of evidence your attorney could make use of is a deposition which is a non-court-issued testimony that is given under oath and recorded by a court reporter. Your lawyer can make use of the testimony to prove that your injuries have had an immediate and clear connection to the crash and, therefore, can justify the need for compensation for your damages. Most of the evidence mentioned above can be obtained at the scene of the crash or shortly after, but some may not be available until much later in the litigation. This is why it's important to consult a highly-credentialed lawyer for car accidents as soon as you can, so they can begin investigating while vital evidence is still in its purest form.

2. How to file a complaint

Once the dust has sunk and you have tended to your injuries, it's the time to seek out legal counsel from an expert. A lawyer for car accidents can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint with the court, describing the specific claims that you're bringing and the amount you are seeking in damages. This form is usually prepared by an attorney and then filed in court. It will also be served to the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and evidence related to their defenses and claims. The process can take a long time and requires both teams to look over a number of documents, including police reports as well as witness statements, medical records, bills and much more. Each side may request interrogatories. They are a set of questions which the other side must answer under oath in a specified time frame.

During this stage, you lawyer will also work closely with your doctor to get an accurate picture of your injuries and the impact that they've affected your life. Your attorney will calculate the total damages. This will include any future medical expenses as well as lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer could be able to reach an agreement with the at-fault driver's insurance company. This is more likely following discovery, but before trial. If the insurance company is unwilling to offer a fair settlement, or if the damage is significant and are not covered by insurance, you may be required to appear in court. A judge or Accident law firm jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial step in any car accident case. This is the time when your attorney and the negligent insurer for the driver exchange information that could support or undermine your claim. Your attorney will request copies of the documents that support your case. These include police reports medical bills, work loss records from your employer (showing the length of time you've missed due to the accident), photos of your vehicle and any damages or injuries and financial information. Your attorney could also make use of written discovery tools, such as interrogatories and requests for production to question witnesses and parties who are not present.

The written discovery tools are circulated back and forth between attorneys on both sides. The written discovery tools provide the opposing party a chance to answer questions in writing which must 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 vital to your case. During a deposition, your lawyer of the at-fault person will ask you questions, and your answers will either be recorded on video by an official court reporter or recorded.

The goal of these pre-trial investigation procedures is to help your lawyer to present a strong and compelling case to the responsible party and their insurer, so that you can secure an equitable and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case but the majority of them do so after or during the investigation process, which is usually done prior to trial.

4. Trial

Trials are a possibility in situations where you and the insurance company do not agree on fault or the amount you are entitled to for your injuries. A trial is an official process in which both parties present arguments and evidence before the factfinder, who makes a decision to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any evidence supporting it, such as photos or videos of the scene of the accident attorneys as well as testimony from witnesses and medical professionals, or documents like police reports and bills. You can also provide testimony regarding your recollection of the incident and how it changed your life. Expert witnesses can also offer evidence to support your claims. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of specific evidence.

The jury will decide at trial whether the plaintiff's injury was the result of the defendant's negligence. They will be examining proximate causes which is a tangled legal concept that lawyers will spend many hours studying during law school. Proximate causes considers the degree of connection 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. This is a thorny issue, as it depends 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 that resulted in loss of income and earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Each state has a specific deadline by which you can settle your claim, or even file a lawsuit. This is known as the statute of limitations. If your lawyer can't negotiate a settlement with your insurance company, you may be required to bring a lawsuit to court. It is costly and time-consuming. However, it is often required to seek compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure where parties exchange information with the other side) and will attend hearings. Your lawyer will also file legal documents known as motions to request the court for things like excluding certain types of evidence in trial. Settlement negotiations can continue throughout this process, and a majority of civil disputes arising out of car accidents will end before a trial needs to be held.

If they believe that your claim is legitimate and you are willing to go to trial, insurance companies will make an appropriate settlement offer. Additionally, the settlement process is faster and less risky than a trial.

It is vital to fully understand your injuries prior to committing to the settlement. You must also have completed all medical treatment. If you settle before your doctor has determined that you have reached the maximum medical improvement (MMI) and you are not able to miss out on additional compensation. Also, you should not sign an agreement until you have met with your lawyer and have an understanding of all losses. Your lawyer will ensure that you don't lose out on valuable compensation. They will look over your medical records, and other documents to ensure that you are entitled to all damages that you are entitled to.