The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount of money you need for your injuries, our persistent attorneys will prepare an official demand letter. This will outline all the economic losses you have suffered like medical bills and lost wages, as well as other damages that are not economic, like pain and suffering.

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

1. Gathering Evidence

In a lawsuit involving an accident in the car, proving negligence is vital to receive compensation for your injuries. Gathering evidence is among the initial steps in the litigation process, and it requires gathering documents including photographs, witness statements as well as official reports, such as police reports.

Photographs of the scene of the accident can help your attorney establish what happened during the accident attorney, including the position of both vehicles after impact, skid marks road debris, and other physical evidence. Also, keep track of the names and contact details of any witnesses who were present at what transpired. Witnesses that testify to support your version of the events is essential as it could be common for drivers to have conflicting versions of what transpired, which causes insurance companies to refuse to accept the claim or deny responsibility altogether.

Medical records can also be utilized by your lawyer to establish the extent of your injury. These documents could include receipts, bills, lab results, diagnosis reports, discharge instructions and other documents. It is essential to get these records as soon as you can, and also provide copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney may employ. It's an out-of court statement made under oath, and then recorded by a Court Reporter. Your lawyer could use the testimony to establish the fact that your injuries had an immediate and obvious connection to the accident, which helps justify requesting compensation for your injuries. The majority of the evidence listed above can be collected at the site of the accident or within a short time, but some may not be available until later in the legal process. This is why it's crucial to consult a highly-credentialed lawyer for car accidents as soon as you can, so they can begin the investigation as evidence is in its most pure form.

2. Making a complaint

After the dust has cleared and you've taken care of your injuries, you should seek legal guidance from an expert. A lawyer from a car accident can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with the court. This will outline your specific claims and the amount of money you wish to recover in damages. The document is usually written by an attorney and then filed in the court. It is also served on the defendant.

This also begins the discovery phase which allows both sides to exchange information and documents related to their claims and defenses. The process can take a considerable time and both teams may need to review a lot of documents including police reports and witness statements. They might also need to look at medical records as well as bills and other documents. Each side is able to request interrogatories. These are a set of questions that the other side has to answer under oath in the timeframe specified.

In this stage the lawyer will collaborate with medical professionals to ensure they have a complete understanding of the severity of your injuries and the impact they've had on your daily life. Your lawyer will calculate the total damages. This will include any future medical expenses as well as lost wages, suffering and pain, and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely to occur following discovery and prior to trial. If the insurance company doesn't agree to a fair settlement, or if the damages are important and not covered by insurance, then you could need to go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit where your lawyer and the negligent driver's insurance company exchange information that could help or hurt your claim. Your attorney will ask for copies of documents that support your case, such as medical bills, police reports or work-related loss records (e.g. documents from your employer that outlines how long you missed work because of the accident) photos of your car and any damage or injuries or other pertinent financial information. Your attorney will also use written discovery tools, such as interrogatories, requests for production and Accident lawsuit request for admissions to question witnesses and parties who are not in the case.

These documents are used to exchange information between attorneys on both sides. They give the opposing side the chance to respond to questions in writing, which must be answered under oath, and to provide copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the collision as well as any person who has information about your injuries or damage that could be crucial to your case. During a deposition, the lawyer for the person who is at fault will ask you an array of questions and your responses will be recorded on video or translated by a court reporter.

These pretrial investigation procedures are designed to assist your lawyer develop a convincing argument against the person at fault and their insurance company in order to get an equitable settlement for all your losses, injuries or losses, as well as expenses. There is no assurance of a settlement in each case, but most do so during or after the investigation process, which usually completed before the trial.

4. Trial

Trials are possible in cases where you and the insurance company disagree on the source of your fault or the amount of compensation you should be awarded for your injuries. A trial is a formal process where both parties are required to argue their case and provide evidence before a factfinder who makes a decision to resolve the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence including photos or videos of the scene of the accident as well as testimony from witnesses and medical professionals, or documents like police reports and bills. You can also testify about your memory of the incident and how it affected your life. Expert witnesses are also able to testify in support of your claims. The lawyer for the defendant may interrogate witnesses and contest the admissibility of certain evidence.

At trial, the jury must decide if the plaintiff's injuries were the result of the defendant's negligence. They will consider proximate cause which is a tangled legal concept that lawyers have to spend many hours studying during law school. Proximate cause considers the degree of connection 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 matter because it is based on the severity of your injuries as well as the amount to which you've suffered. Your lawyer will provide evidence, including expert testimony, about the severity of injuries loss of income, future earning potential, as well the extent of your suffering and impairment.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations where you have to settle your claim or start a lawsuit. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you might require filing a car accident lawsuit in the court. It can be time-consuming and expensive, but it is usually required to seek compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and be present at hearings. Your lawyer will also file legal documents, referred to as motions to ask the court for certain things, such as excluding certain types of evidence during trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are resolved before trial is required.

If they feel that your injury claim is valid and you are willing to go to trial insurance companies will make an appropriate settlement offer. Additionally settlement is quicker and less risky than a trial.

It is crucial to understand your injuries prior to committing to an agreement. It is also important to have completed all medical treatment. You may not receive additional compensation if settling a settlement until your doctor has determined that you have attained the point of maximum improvement. You should also not sign the release until you've spoken with your lawyer and received an understanding of all damages. Your lawyer will ensure you do not get a poor deal on compensation. They will carefully review your medical records and other evidence to make sure that you receive the total amount of damages to that you are eligible.