The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you need to cover your injuries, our persistent lawyers will draft an official demand letter. It will detail all your financial damages like medical bills and lost wages, and other damages that are not economic, like suffering and pain.

Then a judge or jury will then make a decision. If they come to a decision in your favor you will be awarded damages. In addition, the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is key to obtaining compensation for your injuries and losses. Gathering evidence is one of the first steps of the litigation process, and it involves collecting documents, photographs, witness testimony, and official reports, such as police reports.

Your attorney might be able to determine what happened in the accident by taking photographs of the scene, including skid marks road debris, skid marks and other physical evidence. Also, keep track of the names and phone numbers of any witnesses who witnessed the incident. It is important to have witnesses to verify the events that occurred, as it can often happen that drivers offer contradictory statements that result in insurance companies denying or refusing the liability.

Other evidence forms your lawyer could utilize include medical records, which may include receipts, Accident law firms bills 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 also provide copies to your healthcare providers.

Another form of evidence that your lawyer could employ is a deposition which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. Your lawyer could make use of the testimony to prove that your injuries have a direct and foreseeable connection to the crash which can help justify compensation for your injuries. While the majority of the above types of evidence are taken at the scene of the accident law firms or shortly thereafter but some of the evidence might not be available until later in the litigation process. This is the reason it's essential to consult a highly-credentialed lawyer for car accidents as soon as you can, so they can begin an investigation while vital evidence is still in its most pure form.

2. Making a Complaint

Once the dust has settled and you have tended to your injuries, it's time to seek out legal counsel from an expert. A lawyer for car accidents can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with court, which lists the specific claims you are making and the amount of money you are seeking in damages. The document is usually written by your lawyer and filed with the court and served on the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence related to their defenses and claims. The process can take a considerable duration and both teams will require a thorough review of documents, including police records and witness statements. They might also have to examine medical documents as well as bills and other documents. Each side may request interrogatories. They are a set of questions which the other side has to answer under oath in a specified time frame.

In this phase, your lawyer will also collaborate with medical professionals to obtain the full picture of your injuries as well as the impact that they've caused on your life. Your lawyer will estimate your total damages. This includes future and past medical expenses including lost wages, suffering and pain, and much more.

Your lawyer may be able come to a settlement agreement with the insurance company of the driver at the fault. This is more likely after discovery and prior to trial. If the insurance company does not agree to an equitable settlement, or if the damages are significant and are not covered by insurance, then you may be required to appear in court. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an essential step in any car Accident Law firms case. This is the time when your attorney and the negligent driver's insurer exchange information that could support or derail your claim. Your attorney will request copies of the documents to prove your case. This includes police reports medical bills, as well as work loss records from your employer (showing the amount of time you've missed due to the accident), photos of your vehicle as well as any injuries or damages and financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to inquire about witnesses and parties who are not present.

These tools for writing discovery are shared between attorneys on both sides. The tools for writing discovery give the opposing side a chance to answer questions in writing which must be sworn to under oath, and to provide copies of other information that could be useful to you.

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

These pretrial investigation procedures are designed to assist your lawyer construct a compelling case against the responsible party and their insurance company in order to negotiate an equitable settlement for all of your damages and losses, costs and expenses. There is no assurance of a settlement in every case however the majority of cases will settle during or following the investigation process, which usually concluded prior to the trial.

4. Trial

Trials are a possibility in situations where you and the insurance provider disagree on fault or the amount you are entitled to for your injuries. A trial is a formal process where 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.

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 as well as testimony from witnesses and medical professionals, as well as documents such police reports and bills. You may also testify on your memories of the incident, and how it impacted your life. Expert witnesses can also give evidence to back up your assertions. The lawyer for the defendant may cross-examine witnesses, and argue against the admissibility of certain evidence.

In a trial, the jury must decide if the plaintiff's injuries were the result of the negligence of the defendant. They will examine proximate causes, a complex legal concept that law students spend hours studying. Proximate cause examines 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 should receive. It's a difficult issue because it is contingent on the extent of your injuries and the amount to which you've suffered. Your lawyer will provide evidence that includes expert testimony about the severity of your injuries that resulted in loss of income and earnings potential, as also your suffering and impairment.

5. Settlement

Every state has a time limit within which you can resolve your claim or file a lawsuit. This is referred to as the statute of limitations. If your lawyer is not able to come to a deal with the insurer, you may have to bring a lawsuit to court. It can be lengthy and costly, however it is usually required to seek compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and will attend hearings. Your attorney will also make legal filings, also known as motions, requesting the court to take actions such as excluding certain types evidence from trial. Settlement negotiations may continue throughout this process. A majority of car accident civil disputes are settled before a trial is needed.

If they feel that your injury claim is solid and you are willing to go to trial the insurance company will offer a fair settlement offer. Settlement is faster and less risky compared to the court trial.

Before settling an agreement, it's essential to be aware of the severity of your injuries. You must also have completed all medical treatments. You may not receive additional compensation if settling a settlement until your doctor has determined that you have attained the maximum level of improvement in your medical condition. Also, you should not sign a release until you have spoken to your lawyer regarding your damages. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will carefully examine your medical records as well as other documents to ensure that you receive the total amount of damages for that you are eligible.