The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal letter of demand if the insurance company refuses to pay you the amount you need to cover your injuries. The letter will list all of your financial losses such as medical costs and lost wages, as and non-economic losses such as pain and discomfort.

Then a judge or jury will make a decision. If they make a decision to your advantage, you will be awarded damages. In addition, the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident law firms, proving negligence is vital in obtaining compensation for your injuries. Gathering evidence is among the initial steps in the litigation process. it involves gathering documents including photographs, witness statements, and official reports, such as police reports.

Photographs of the scene of the accident can help your attorney establish what actually transpired during the accident, including the position of both cars after collision, skid marks, road debris, and other physical evidence. Note down the names and phone numbers of any eyewitnesses that witnessed what happened. It is crucial to have witnesses corroborate the events that occurred, as it can often be the case that drivers give contradictory stories that lead to insurance companies refusing or denial of responsibility.

Other types of evidence your lawyer could use include medical records, which could include receipts, bills, diagnosis reports, lab results, discharge instructions and other documentation that demonstrate the extent of your injuries. You should obtain these documents as soon as is possible and ensure that you provide copies to your healthcare providers.

A deposition is another form of evidence your lawyer might utilize. This is an out-of court testimony under oath and later transcribing by a Court Reporter. The lawyer can utilize the testimony to prove the fact that your injuries had an immediate and clear connection to the crash, which helps justify requesting compensation for your losses. The majority of the evidence mentioned above can be obtained at the scene of the accident or within a short time however some evidence may not be available until later in the legal process. It's important to contact a lawyer for car accidents with the right credentials immediately so that they can begin an investigation while the evidence is still in its most pure form.

2. Filing a complaint

Once the dust has settled and you have tended to your injuries, it's the time to seek out legal counsel from an expert. A lawyer from a car accident can give you the experience to maximize your compensation.

The first step is to file a complaint with court, which lists the specific claims you have filed and the amount you are seeking in damages. This document is usually drafted by an attorney and then filed in court. It is also given to the defendant.

The discovery phase starts and allows both parties to exchange information about their defenses and claims. The process can be long and requires both sides to examine a variety of documents, including police reports as well as witness statements, medical records, bills and much more. Each side can request interrogatories. They are a set of questions which the other side must answer under oath within the specified timeframe.

Throughout this stage your lawyer will work with medical professionals to ensure they have a complete understanding of the severity of your injuries and the impact they have affected your daily routine. Your attorney will calculate your total damages. This will include past and upcoming medical expenses as well as lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer might be able to negotiate an agreement with the responsible driver's insurance company. This is more likely to happen after discovery and before the trial. If the insurance company refuses to settle the claim in a fair manner or accident lawsuit if you've sustained significant damages that are not covered by the insurance policy, the case could be referred to trial. A jury or judge will make a decision on the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit where your lawyer and the insurance company exchange information that may help or hurt your claim. Your attorney will ask for copies of documents that support your case, such as medical bills, police reports as well as work loss records (e.g. an email from your employer showing how long you missed work because of the accident), photographs of your car and any injuries or damage and other financial information. Your attorney may also employ written discovery tools such as interrogatories and Accident Lawsuit requests for production to inquire about witnesses and witnesses who are not present.

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

Your Long Island car accident attorney will also depose witnesses and anyone who has information regarding your injuries or damages which could be essential to your case. During a deposition, the lawyer representing the at-fault party will ask you questions and your responses could be recorded on video by a court reporter or transcribing.

The purpose of these pre-trial investigation procedures is to enable your lawyer to build an argument that is convincing and persuasive against the at-fault party as well as their insurer in order that you can secure a fair and complete settlement for your losses, injuries and expenses. Although there is no guarantee that all cases will settle but the majority settle in the course of or following the discovery process, which can often be completed prior to the time your case goes to trial.

4. Trial

Although the majority of car accidents settle through out-of-court negotiations, if you and the insurance company disagree about fault or the amount you are entitled to for your injuries, your case could go to trial. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder who renders a verdict which settles the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the accident scene, testimony from witnesses and medical professionals, and documents such as police reports and bills. You may also testify about your memory of the incident and how it impacted your life. Expert witnesses will also provide evidence to back up your assertions. The lawyer representing the defendant can interrogate witnesses and object to the admissibility of evidence.

The jury will determine at trial whether the plaintiff's harm was the result of the defendant's negligent behavior. They will be looking at the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. It's also a complicated matter because it is based on the degree of your injuries and the degree to which you've suffered. Your attorney will present evidence that includes expert testimony about the severity of injuries, lost income and future earnings potential, as also your suffering and impairment.

5. Settlement

Every state has a time limit by which you can settle your claim or bring a lawsuit. This is referred to as the statute of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you could need to file a car accident lawsuit in court. It is costly and time-consuming, but it is often necessary to get compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where each side exchanges information with one another). Your lawyer will also file legal documents known as motions to request the court for things like the exclusion of certain kinds of evidence during trial. Settlement negotiations can continue throughout the process, and a majority of civil disputes arising from car accidents end before a trial can be held.

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 more efficient and less risky for them than a trial.

It is vital to fully comprehend your injuries prior to committing to a settlement. You should also have completed all medical treatment. If you settle before your doctor has determined you have reached the maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. It is also important not to sign a release before you have consulted with your lawyer about your damages. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will scrutinize your medical records as well as other documentation, to ensure that you receive all damages you are entitled to.