The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount you need for your injuries, our hard-working lawyers will draft an official demand letter. This will outline all your financial losses including medical expenses and lost wages, and non-economic damages, such as pain and suffering.

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

1. Gathering Evidence

In a lawsuit involving an accident in the car it is essential to prove negligence to obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports like police reports, and other official reports.

Photographs of the scene of the accident might assist your attorney in determining what actually transpired in the crash, including the position of both cars following the impact, skid marks road debris and other physical evidence. Also, take note of the names and contact details of any witnesses who witnessed what transpired. It is essential that witnesses to verify the events that took place, since it can often happen that drivers give contradictory statements that result in insurance companies denying or refusing liability.

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 get these records as soon as you can, and make sure to send copies to your healthcare professionals.

Another form of evidence your lawyer could use is a deposition, which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. Your lawyer can make use of this testimony to prove your injuries had a direct, foreseeable link to the accident. This will help justify the need for compensation. While the majority of these types of evidence can be taken at the scene of the accident or shortly thereafter but some of the evidence might not be accessible until later in the litigation process. It's important to contact a car accident lawyer with the appropriate credentials immediately to start an investigation when the evidence is in its purest form.

2. Making a Complaint

Once the dust has settled and you've taken care of your injuries, it's time to seek expert legal advice. A car accident attorney; why not find out more, will provide the knowledge and expertise to ensure that you receive maximum compensation for your claim.

The first step is filing a complaint with the court. The complaint will detail your specific claims as well as the amount of money you want to recover in damages. This document is usually drafted by an attorney and filed in court. It will also be given to the defendant.

This also triggers the discovery phase which allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can take a long time and requires both sides to examine a variety of documents, including police reports and witness statements medical records, invoices and more. Each side is able to request interrogatories. They are a set of questions which the other side must answer under oath within an agreed upon timeframe.

In this phase, your lawyer will also collaborate with doctors to gather an accurate picture of your injuries as well as the impact that they've caused on your life. Your lawyer will then calculate the total damages you have suffered that will include the future and past medical expenses as well as lost earnings, pain and suffering and much more.

Your lawyer may be able come to a settlement agreement with the insurance company of the driver who is at fault. It is likely to be the case following the completion of discovery and before trial. However, if the insurance company refuses to negotiate a fair settlement or if you have incurred substantial damages that aren't covered by the insurance policy, the case may go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident law firm, where your attorney and the negligent driver's insurance company exchange information that could assist or derail your claim. Your attorney will seek copies of all documents to support your case. These documents include police reports as well as medical bills and work loss records from your employer (showing the length of time you were absent due to the accident lawyers) photographs of your vehicle, any injuries or damages, and other financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These tools for discovery in writing are exchanged back and forth between the attorneys for both sides. The tools for writing discovery give the opposing party a chance to answer questions in writing that must be answered under oath. It also allows you to provide copies of other information which could be useful to you.

Your Long Island car accident attorney will also question witnesses and anyone with information about the damages or injuries you sustained that could be vital to your case. During a deposition the lawyer representing the party at fault will ask you questions and your responses will either be recorded on video by a court reporter or transcribed.

These pretrial investigation processes are designed to assist your lawyer build a compelling case against the person who is at fault and their insurance company in order to negotiate an equitable settlement for all of your injuries and losses, costs and expenses. There is no guarantee of a settlement in every case but the majority of them do so during or after the investigation process, which usually completed prior to the trial.

4. Trial

Trials are possible when you and the insurance company disagree on the source of your fault or the amount of compensation you are entitled to for your injuries. A trial is an official proceeding in which both parties present their arguments and evidence to a factfinder who will make a decision to resolve the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any supporting evidence including photos or videos of the accident scene witness testimony, statements from witnesses and medical professionals, and accident attorney documents such as police reports and bills. You can also offer testimony regarding your recollection of the incident and how it had an impact on your life. Expert witnesses are also able to testify in support of your claims. The defendant's lawyer can interrogate witnesses and object to the admissibility of evidence.

The jury will decide at trial whether the plaintiff's injuries was the result of the defendant's reckless behavior. They will examine proximate cause an intricate legal concept that lawyers have to spend many hours studying in law school. Proximate causes analyzes the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you're entitled to. It's also a complicated matter because it is based on the severity of your injuries as well as the extent to which you have suffered. Your attorney will present your evidence including expert witness testimony regarding the severity of your injuries, the loss of income, and your future earnings potential as well as your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations, where you have to settle your claim or file a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, then you might have to file a car accident lawsuit in court. This can be time consuming and expensive, yet it is usually required to seek compensation.

During this procedure, your Long Island personal injury lawyer will participate in discovery (a formal process in which parties exchange information with the other side) and will attend hearings. Your attorney will also submit legal documents, referred to as motions, asking the court to do things like excluding certain types of evidence from trial. Settlement negotiations can continue during this process. A lot of civil disputes are resolved before a trial is necessary.

If they believe that your injury claim is solid and that you are willing to go to trial Insurance companies will offer a fair settlement offer. The settlement process is also faster and less risky compared to an in-court trial.

Before settling on a settlement, it is important that you fully understand the severity of your injuries. You must also have completed all medical treatments. You could be denied additional compensation if you accept the settlement before your doctor has confirmed that you have achieved the maximum level of improvement in your medical condition. Additionally, you should not sign an agreement until you have talked to your lawyer and have full understanding of your losses. Your lawyer will make sure that you don't get a poor deal on compensation. They will carefully examine your medical records and other documents to make sure that you receive the full amount of damages for which you are eligible.