The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if the insurance company refuses to pay the amount you need for your injuries. This letter will detail all of your economic losses such as medical expenses, lost wages, as in addition to non-economic damages like pain and discomfort.

Then, a judge or jury will take a call. If they make a decision in your favor you will be awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident attorney in a car it is essential to prove negligence in obtaining compensation for your injuries. Collecting evidence is one the first steps of the litigation process. it requires gathering documents such as photographs, witness testimony as well as official reports like police reports.

Photographs of the scene of the accident might help your attorney establish what actually happened in the collision, including the positions of both vehicles after impact, skid marks, road debris, and other physical evidence. Take down the names and contact information of any witnesses who were present to witness the incident. Having witnesses testify that corroborate your account of what transpired is vital as it could be common for drivers to have contradictory stories of what happened. This leads to insurance companies refusing to accept the claim or deny responsibility altogether.

Other forms of evidence your lawyer might use include medical records, which can include receipts, bills diagnose reports, lab results, discharge instructions, and other evidence that proves the extent of your injuries. You should get these records as quickly as you can, and also provide copies to your healthcare providers.

A deposition is another form of evidence your lawyer could employ. It is an out-of the court testimony that is under oath, and then transcribed by a Court Reporter. Your lawyer may utilize the testimony to prove the fact that your injuries had an immediate and predicable connection to the accident law firm which can help justify compensation for your injuries. The majority of the evidence listed above is available at the site of the accident or soon after, but some may not be available until much later in the litigation. It's crucial to speak with an attorney in the case of a car crash with the appropriate credentials as soon as you can to begin an inquiry while the evidence is in its most natural form.

2. Filing a Complaint

After the dust has cleared and you've taken care of your injuries, you need to seek legal advice from a professional. An attorney who has handled car accidents will provide the knowledge and expertise to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint with court, which details the specific claims that you're bringing and the amount of money you're seeking in damages. The document is usually drafted by your lawyer and filed with the court, and then served to the defendant.

The discovery phase starts and allows both parties to exchange information about their defenses and claims. The process can be lengthy and requires both teams to review many documents, including police reports witnesses' statements, police reports, medical records, bills and much more. Each side can request interrogatories. These are a series of questions which the other side must answer under oath in an agreed upon timeframe.

In this stage, your lawyer will also collaborate with doctors to ensure that they have a complete understanding of the extent of your injuries and the impact they have had on your daily life. Your lawyer will determine your total damages. This will include future and past medical expenses including lost wages, the pain and suffering of others, and many more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver who is at the fault. This is more likely to happen after discovery and before the trial. If the insurance company is unable to provide a fair settlement or if you've incurred significant damages that are not covered by the insurance policy, your case could be referred to trial. A judge or jury will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. This is 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 that support your case. This includes police reports, medical bills and work loss documents from your employer (showing the length of time you've missed due to the accident) photographs of your vehicle and any damages or injuries and financial information. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

These written discovery tools are circulated back and forth between the attorneys for both sides. The written discovery tools give the other side an opportunity to answer questions in writing that must be answered under oath. It also allows you to provide copies of other information that could be helpful to you.

Your Long Island car accident lawyer will also be able to depose witnesses to the accident as well as anyone with information on your injuries or damages that could be pertinent to your case. During a deposition, the lawyer representing the party at fault 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 present an argument that is convincing and persuasive to the party at fault and their insurer, so that you can secure a full and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case but the majority of cases do so after or during the investigation process, which is often concluded prior to the trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations however, lawsuit if you and your insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, the case may go to trial. A trial is a formal proceeding in which both parties argue and present evidence to a factfinder who makes a decision on how to settle the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial your lawyer will be able to explain your story in opening statements to the jury along with any supporting evidence that you have, like pictures or videos of accident scene, witness testimony from witnesses and medical professionals, and documents such as medical bills and police reports. You can also testify about your memories of the incident, lawsuit and how it impacted your life. Expert witnesses can also testify to support your claims. The lawyer of the defendant may cross-examine the witnesses and object to admissibility of some evidence.

The jury will decide in the trial if the plaintiff's injury was caused by the defendant's negligence. They will consider proximate cause, a complicated legal concept that lawyers will spend many hours studying during law school. Proximate causes considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. This is a complicated issue due to the severity of your injuries and the extent of your losses. Your attorney will provide evidence, including expert testimony, about the severity of injuries loss of income, future earnings potential, as also the extent of your suffering and impairment.

5. Settlement

Each state has a specific legal deadline, also known as the statute of limitations, where you have to settle your claim or start a lawsuit. If your lawyer is not able to negotiate a settlement with your insurer, you could be required to file a lawsuit in court. This can be time consuming and costly, however it is often necessary to pursue compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a procedure that is formal in which both sides exchange information with each other). Your attorney will also prepare legal documents, also known as motions, which ask the court to do things such as excluding certain types evidence from trial. Settlement negotiations can continue throughout this process. A lot of civil disputes are settled before a trial is necessary.

Insurance companies are more likely to make fair settlement offers if they believe that your claim for injury is solid and you'll be willing to take the case to trial. Additionally the settlement process is quicker and less risky than a trial.

It is important to fully comprehend the extent of your injuries prior to agreeing to an agreement. You should also have completed all medical treatments. You could lose out on additional compensation if you agree to the settlement before your doctor has determined that you have attained the maximum medical improvement. You should also not sign an agreement until you have talked to your lawyer and have an understanding of all losses. Your lawyer will ensure you don't be denied compensation that is valuable. They will look over your medical records, as well as other documents, to ensure that you are entitled to all compensation you're entitled to.