The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount of money you require for your injuries, our hard-working lawyers will draft a formal demand letter. This letter will provide a detailed description of your economic damages such as medical costs and lost wages, as and non-economic losses like pain and discomfort.

A jury or judge will then come to a decision. If they rule in your favor they will make you a victim and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in a car the proof of negligence is essential in obtaining compensation for your injuries. Gathering evidence is among the first steps of the process of litigation, and it involves gathering documents witnesses' testimony, photographs as well as official reports like police reports.

Your attorney may be able to determine what happened in the incident by taking photographs of the scene, which include skid marks or road debris, as well as other physical evidence. Take down the names and contact numbers of any eyewitnesses that witnessed the events. Witnesses who testify to corroborate your version of events is important, especially since it can be common for drivers to have conflicting accounts of what happened that results in insurance companies refusing to accept the claim, or accident law firm even deny the responsibility completely.

Other evidence that your lawyer might use include medical records, which may include receipts, bills diagnostic reports, lab results, discharge guidelines, and other evidence that demonstrates the extent of your injuries. You should obtain these records as soon as you can and ensure that you provide copies to your medical professionals.

Another form of evidence your lawyer could make use of is a deposition which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. Your lawyer can use the testimony to prove that your injuries had a direct and foreseeable connection to the crash and, therefore, can justify the need for compensation for your damages. The majority of the evidence mentioned above can be collected at the site of the accident or shortly afterwards however some evidence may not be available until later in the litigation. This is why it's important to speak with a well-credentialed lawyer for car accidents as soon as possible, so that they can begin investigating while vital evidence is still in its most pure form.

2. Filing a Complaint

When the dust has cleared and you've taken care of your injuries, it's the time to seek legal advice from a professional. A lawyer who has handled car accidents can offer you the knowledge to maximize your compensation.

The first step is filing a complaint with the court. It will describe your specific claims and the amount you'd like to recover in damages. This document is usually drafted by an attorney and then filed in court. It will also be served to the defendant.

This also initiates the discovery phase which allows both sides to exchange information and evidence that is related to their claims and defenses. The process can be long and requires both parties to review many documents, including police reports, witness statements medical records, invoices and much more. Each side may ask for interrogatories, which are a series of questions which the other party must answer under oath within a set timeframe.

Throughout this stage your lawyer will work with doctors to ensure that they have a complete understanding of the extent of your injuries and the impact they have affected your daily routine. Your lawyer will estimate your total damages. This will include any future medical expenses as well as lost wages, the pain and suffering of others, and many more.

Your lawyer may be able negotiate a settlement with the insurance company of the driver at the fault. This is more likely to happen after discovery and prior to trial. If the insurance company refuses to offer a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, your case could go to trial. A jury or judge will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial step in any car accident case. It is the point at which your attorney and negligent insurer for the driver exchange information that could support or damage your claim. Your attorney will request copies of documents that support your case, such as medical bills, police reports or work-related loss records (e.g. documents from your employer indicating how long you missed work due to the accident law Firm), photographs of your vehicle, any damages or injuries, and other relevant financial information. Your lawyer will also make use of written discovery tools, such as interrogatories, requests for production and requests for admissions to question witnesses and parties who aren't present in the case.

These tools for writing discovery are exchanged between attorneys on both sides. They give the opposing side the chance to respond to questions in writing, that must be sworn to under oath, and to provide copies of specific documents or other information that could be helpful to your case.

Your Long Island car accident attorney will also interview witnesses and anyone who has information about your injuries or damages which could be crucial to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your responses could be recorded on video by an official court reporter or recorded.

The goal of these pretrial investigation processes is to help your lawyer to construct a strong and compelling case to the at-fault party and their insurer, so that you can receive a fair and complete settlement for your injuries, losses and expenses. Although there is no guarantee that all cases will settle however, the majority of cases settle in the course of or following the discovery process, which can be completed before the case is brought to trial.

4. Trial

Although the majority of car accident cases are resolved through informal negotiations, if you and the insurance company disagree about fault or the amount of compensation you should receive for your injuries, your case may go to trial. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder, who makes a ruling that settles the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence like photos or videos of the scene, testimony from witnesses and medical professionals, documents like police reports and bills. You may also testify on your memories of the incident and how it impacted your life. Expert witnesses can also testify to back your claims. The lawyer of the defendant may interrogate witnesses and object to the admissibility or validity of certain evidence.

The jury will decide at trial whether the plaintiff's injury was the result of the defendant's reckless behavior. They will look at proximate cause, a complicated legal concept that lawyers spend countless hours studying during law school. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. This is a complicated issue due to how severe your injuries are and the severity of your losses. Your attorney will present evidence which includes expert testimony about the severity of your injuries as well as lost income and future earning potential, as well your suffering and impairment.

5. Settlement

Each state establishes a legal deadline, accident law Firm commonly referred to as the statute of limitations, in which you must settle your claim or make a claim. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, then you might have to file a car accident lawsuit in the court. This could be a lengthy process and expensive, but it is usually required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal process where each side exchanges information with the other). Your lawyer will also file legal documents, referred to as motions to ask the court for things like the exclusion of certain types of evidence in trial. Settlement negotiations may continue throughout this process, and a lot of civil disputes arising from car accidents end before a trial needs to be held.

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

It is crucial to understand your injuries prior to an agreement. You must have completed all medical treatments. You could be denied additional compensation if you agree to the settlement until your physician has determined that you have reached the level of medical improvement that is the highest. Also, you should not sign an agreement until you have met with your lawyer and received an understanding of all damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will carefully review your medical records and other documentation to make sure that you receive the total amount of damages for which you are eligible.