The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official letter of demand if the insurance company is unable to pay the amount you need to cover your injuries. This letter will detail all of your financial losses such as medical expenses, lost wages as in addition to non-economic damages like discomfort and pain.

Then a judge or jury will decide. If they decide in your favor they will make you a victim and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving the negligence and liability is essential to receive compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident can aid your lawyer in determining what actually transpired during the collision, including the location of both cars following the collision, skid marks, road debris and other evidence that is physical. Also, take note of the names and contact information of any witnesses who were present at what occurred. It is essential that witnesses to verify the events that took place, as it can often be the case that drivers offer contradictory information that can lead to insurance companies refusing or denying liability.

Other evidence forms your lawyer may use include medical records, which may include receipts, accident attorney bills diagnose reports, lab results, discharge guidelines, and other documents that show the severity of your injuries. You should obtain these records as quickly as you can and give copies to your medical professionals.

Another form of evidence that your attorney might utilize is a deposition, which is a non-court-issued testimony that is given under oath and transcribed by a court reporter. Your lawyer can use this testimony to establish your injuries have an obvious, predicable connection to the accident. This helps to justify the need for compensation. Most of the evidence discussed above can be obtained at the site of the crash or shortly after, but some may not be available until much later in the litigation. It is essential to contact a lawyer for car accidents with the appropriate credentials immediately to start an inquiry while the evidence is still in its purest form.

2. Filing a complaint

Once the dust has sunk and you have tended to your injuries, it's the time to seek out legal counsel from an expert. A car accident attorney can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint in court, which details the specific claims that you are making and how much money you are seeking in damages. The document is usually written by your attorney, and then filed with the court, and then served to the defendant.

The discovery phase starts by allowing both parties to exchange information regarding their defenses and claims. The process can take a long time and both teams may need to review a lot of documents like police reports and witness statements. They might also have to examine medical documents, bills, and other documents. Each side may request interrogatories. These are a set of questions which the other side must answer under oath in the specified timeframe.

Throughout this stage your lawyer will collaborate with medical professionals to ensure they have a complete understanding of the seriousness of your injuries and the impact they have affected your daily routine. Your attorney will then calculate your total damages including the past and future medical costs and lost earnings, as well as suffering and pain, and more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver who is at fault. This is more likely to happen following discovery, but before trial. However, if the insurance company is unable to negotiate a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, the case could go to trial. A judge or jury will decide on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. This is the time when your attorney and the negligent insurance company of the driver share information that could either support or undermine your claim. Your attorney will ask for copies of documents to prove your case. These documents include police reports, medical bills and work loss records from your employer (showing the length of time you were absent due to the accident), photos of your vehicle damaged or injured, and other financial information. Your attorney may also employ written discovery tools such as interrogatories request for production, interrogatories and requests for admissions to interview witnesses and other parties that are not in the case.

These written discovery tools are circulated back and forth between the attorneys from both sides. Written discovery tools allow the opposing side an opportunity to respond to questions in writing that must be sworn to under oath, and to provide copies or other information which could be helpful to you.

Your Long Island car accident law firm lawyer will also conduct depositions of witnesses to the collision, as well as any person who has information about your injuries or damages that could be important to your case. In a deposition, accident attorney the attorney representing the at-fault party will ask you various questions, and your responses will be recorded on video or transcribing by a court reporter.

The purpose of these pre-trial investigation procedures is to allow your lawyer to present a strong and compelling case to the at-fault party and their insurance company so that you can secure an equitable and fair settlement for your injuries, losses and expenses. While there is no guarantee that every case will settle, the majority do in the course of or following the discovery process, which can be completed prior to the time your trial.

4. Trial

Trials can be arranged in situations when you and the insurance company disagree regarding the fault of the other party or the amount of compensation you should receive for your injuries. A trial is a formal proceeding where both sides present arguments and evidence to a factfinder, who makes a decision that settles the issue. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will be able to give your account of the events in your opening statements to the jury as well as any other evidence you have, such as images or videos of the accident scene, testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You may also testify on your memories of the incident and how it affected your life. Expert witnesses can also testify to back your assertions. The attorney representing the defendant may cross-examine witnesses and object to the admissibility of specific evidence.

At trial, the jury will determine if the plaintiff's injuries were the result of the defendant's negligence. They will consider proximate cause, a complicated legal concept that lawyers spend countless hours studying during law school. Proximate cause considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you are entitled to. It's also a complex issue because it is contingent on the severity of your injuries as well as the extent to which you have suffered. Your lawyer will present evidence which includes expert testimony from a witness regarding the severity of your injuries, your lost income, and future earnings potential as well as your suffering and pain, disfigurement, and impairment.

5. Settlement

Every state has a legal deadline, known as the statute of limitations where you have to settle your claim or file a lawsuit. If your lawyer can't reach a settlement with the insurer, you could be required to make a court filing. This can be time consuming and expensive, yet it is usually required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where both sides exchange information with each other). Your lawyer will also file legal documents referred to as motions asking the court for specific things such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue throughout the process, and most car accident civil disputes end before a trial needs to be held.

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

It is important to fully understand your injuries prior to committing to the settlement. You must have completed all medical treatments. It is possible to lose additional compensation if you accept the settlement until your physician has concluded that you have reached the level of medical improvement that is the highest. You should also not sign a release until you have met with your lawyer and received a complete understanding of your losses. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully review your medical records and other evidence to make sure that you get the full amount of damages to which you are entitled.