The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount you need to cover your injuries, our hard-working attorneys will prepare an official demand letter. It will detail all your financial losses like medical bills and lost wages, and non-economic damages like suffering and pain.

A jury or judge will then make a decision. If they come to 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 for a car accident law firms, helpful site, the proof of negligence and liability is essential to receive compensation for your losses and injuries. Gathering evidence is one of the initial steps in the litigation process. it requires gathering documents such as photographs, witness testimony, and official reports such as police reports.

Photographs of the scene of the accident can assist your attorney in determining what actually transpired during the accident, including the position of both cars following the impact, skid marks road debris, and other physical evidence. Record the names and phone numbers of any witnesses who saw the events. It is crucial to have witnesses confirm the events occurred, as it can often happen that drivers give contradictory statements that result in insurance companies refusing or denial of liability.

Medical records can also be utilized by your lawyer in order to prove the severity of your injuries. These documents could include bills, receipts as well as lab results, diagnosis reports, discharge instructions and other records. It is important to obtain these records as quickly as possible and provide copies to your healthcare providers.

A deposition is another form of evidence that your attorney can employ. It's an out-of court testimony given under oath. It is then transcribing by a Court Reporter. Your lawyer can use the testimony to establish that your injuries have had an immediate and Accident law firms clear connection to the accident, which helps justify requesting the compensation you deserve for your damages. The majority of the evidence listed above can be obtained at the site of the accident or shortly afterwards but some of it may not be available until much later in the legal process. This is why it's important to talk to a reputable car accident lawyer as quickly as possible so that they can begin an investigation when the evidence is in its purest form.

2. Making a Complaint

Once the dust has settled and you've treated your injuries, it's the time to seek legal advice from a professional. An attorney who has handled car accidents can provide the expertise needed to help you get the most compensation for your claim.

The first step is to file a complaint with the court. This document will outline your specific claims as well as the amount of money you want to recover in damages. The document is usually drafted by your lawyer and filed with the court, and then served to the defendant.

The discovery phase begins and allows both parties to share information regarding their defenses and claims. The process can take a considerable duration and both teams will need to review a lot of documents including police reports and witness statements. They may also have to look at medical records or bills, as well as other documents. Each side may ask for interrogatories, which are a series of questions that each party must answer under oath, within a specific time frame.

Throughout this stage, your lawyer will also collaborate with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they've had on your daily life. Your attorney will then calculate the total damages you have suffered that will include future and past medical expenses as well as lost earnings, pain and suffering and much more.

Sometimes, your lawyer may be able to reach an agreement with the at fault driver's insurance company. This is more likely to occur after discovery and before the trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've incurred significant damage that is not covered by the insurance policy, your case may move forward to trial. A judge or jury will make a decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is when your attorney and negligent insurer of the driver exchange information that could support or undermine your claim. Your attorney will seek copies of all documents to support your case. These include police reports medical bills, work loss records from your employer (showing how much time you've missed because of the accident lawsuits) photographs of your vehicle as well as any injuries or damages as well as other financial data. Your attorney will also use written discovery tools like interrogatories request for production, interrogatories and requests for admissions to interview witnesses and other parties who aren't present in the case.

These written discovery tools are exchanged between attorneys on both sides. The tools for writing discovery give the opposing party a chance to respond to questions in writing that must be sworn to under oath, and to provide copies or other information that might be useful to you.

Your Long Island car accident lawyer will also be able to depose 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, your lawyer representing the party at fault will ask you questions, and your answers are recorded on video by a court reporter or transcribing.

The goal of these pre-trial investigation procedures is to enable your lawyer to present an effective and convincing argument to the party at fault and their insurance company so that you can receive a full and fair settlement for your injuries, losses and expenses. While there is no guarantee that every case will settle however, the majority settles in the course of or following the discovery process, which is often be completed before the trial.

4. Trial

The majority of car accidents are resolved through informal negotiations however, if you and your insurance company aren't in agreement on the cause or the amount of compensation you should receive for your injuries, the case may go to trial. A trial is an official proceeding in which both sides present their arguments and evidence to a factfinder who will make an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will give your account of the events in opening statements to the jury and any supporting evidence that you have, like pictures or videos of accident lawyers scene, testimony from bystanders and medical professionals, and documents such as medical bills and police reports. You can also testify regarding your memories of the incident and how it impacted your life. Expert witnesses are also able to testify in support of your assertions. The defendant's lawyer can cross-examine witnesses and challenge to the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's harm was the result of the defendant's negligent behavior. They will examine the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate cause looks at 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, as it depends on how severe your injuries are and the severity of your losses. Your lawyer will provide evidence, including expert testimony, regarding the severity of injuries, lost income and future earning potential, as well the extent of your suffering and impairment.

5. Settlement

Each state has a specific deadline by which you can resolve your claim or file an action. This is known as the statute of limitations. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, then you might be required to file a vehicle accident lawsuit in court. It can be costly and time-consuming, however it is often necessary to get compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and be present at hearings. Your lawyer will also submit legal documents, referred to as motions, requesting the court to do things like exclude certain types of evidence from trial. Settlement negotiations can be ongoing during this process. A majority of car accident civil disputes are settled before a trial is necessary.

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

It is vital to understand your injuries prior to committing to an agreement. You should also have completed all medical treatments. If you sign a settlement before your doctor determines that you have reached maximum medical improvement (MMI), you could miss out on additional compensation. It is also important not to sign a release before you have spoken with your lawyer about the damages. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records and other documents to make sure that you receive the full amount of damages to which you are eligible.