The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter if the insurance company is unable to pay the amount you require for your injuries. The letter will outline all of your economic losses such as medical expenses and lost wages as and non-economic losses such as discomfort and pain.

Then a judge or jury will take a call. If they come to a decision in your favor, you will be awarded damages. In addition, the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves 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 photographs, documents, witness testimony, official reports, like police reports and other official reports.

Your lawyer may be able to determine what happened during the accident by taking photos of the scene, which include skid marks road debris, skid marks and other physical evidence. Note down the names and phone numbers of any eyewitnesses that witnessed what transpired. It is crucial to have witnesses corroborate the events that occurred, as it can often be the case that drivers offer contradictory statements that result in insurance companies refusing to accept or deny responsibility.

Medical records can also be utilized by your lawyer to establish the severity of your injuries. These documents may include receipts, bills and lab results, diagnose reports, discharge instructions, and other documentation. You should seek these documents as soon as you can and ensure that you give copies to your healthcare providers.

A deposition is a different type of evidence that your attorney may make use of. It is an out-of court testimony under oath, which is then transcribed by a Court Reporter. Your lawyer could make use of the testimony to prove that your injuries had an immediate and predicable connection to the accident law firms and, therefore, can justify the need for compensation for your damages. Most of the evidence discussed above can be obtained at the scene of the accident or shortly afterwards, but some may not be available until later in the litigation. This is why it's important to speak with a well-credentialed car accident lawyer as quickly as you can so that they can begin an investigation as evidence is in its purest form.

2. Making a complaint

After the dust has settled, and you've taken care of your injuries, you need to seek legal advice from an expert. An attorney for car accidents can provide the expertise needed to ensure you receive the maximum compensation for your claim.

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

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

In 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've had on your daily life. Your lawyer will then calculate the total damages you have suffered that include past and future medical expenses as well as lost earnings, suffering and pain, and more.

Sometimes, your lawyer might be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely to happen following discovery and prior to trial. However, if the insurance company is unable to offer a fair settlement or if you've sustained significant damage that is not covered by the insurance policy, the case may move forward to trial. A jury or judge will make a decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident where your lawyer and the insurance company exchange information that may support or damage your claim. Your attorney will request copies of the documents that support your case, such as police reports, medical bills as well as work loss records (e.g. an email from your employer indicating how much time you missed work because of the accident), photographs of your vehicle and any damages or injuries or other pertinent financial information. Your attorney could also make use of written discovery tools, such as interrogatories and requests for production to inquire about witnesses and parties who are not present.

These tools for writing discovery are used to exchange information between attorneys on both sides. They give the opposing party a chance to respond to questions in writing, which have to be answered under oath and to provide copies of specific documents or other information that may be relevant to your case.

Your Long Island car accident attorney will also depose witnesses as well as anyone with information about your injuries or damages that could be important to your case. During a deposition, the lawyer of the at-fault person will ask you questions, and your answers could be recorded on video by a court reporter or transcribed.

The goal of these pretrial investigation processes is to help your lawyer to build an argument that is convincing and persuasive to the at-fault party and their insurer so that you can secure a full and fair settlement for your losses, injuries and expenses. While there is no guarantee that all cases settle, the majority do in the course of or following the discovery process, which may be completed before the case goes to trial.

4. Trial

Trials can be arranged in situations when you and Accident Attorneys the insurance company are not in agreement on fault or the amount of compensation you should receive for your injuries. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder who issues a decision which settles the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any evidence supporting it, such as photos or videos of the scene of the accident witness testimony, statements from witnesses and medical professionals, or documents like police reports and bills. You can also give your testimony regarding your memory of the incident and how it changed your life. Expert witnesses will also provide evidence to support your claims. The defendant's lawyer can cross-examine the witnesses and object to the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's injuries was caused by the defendant's reckless behavior. They will consider proximate cause, a complicated legal concept that lawyers spend many hours studying in law school. Proximate cause considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. This is another complicated issue because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will present your evidence, including expert witness testimony regarding the severity of your injuries, your lost income, and future earnings potential and your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state has a specific legal deadline, commonly referred to as the statute of limitations, in which you must settle your claim or file a lawsuit. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, then you might require filing a car Accident Attorneys lawsuit in the court. It's costly and time-consuming. However, it is usually required to obtain compensation.

During this procedure you and your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents called motions to request the court to consider not allowing certain types of evidence at trial. Settlement negotiations may continue throughout the entire process, and many civil disputes in car accidents settle before a trial needs to be held.

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

It is important to understand the extent of your injuries prior to agreeing to an agreement. You must have completed all medical treatments. You could lose out on additional compensation if you accept an offer of settlement until your doctor has concluded that you have reached the maximum medical improvement. It is also important not to sign a settlement agreement before you have spoken with your lawyer about the damages. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will carefully examine your medical records as well as other documents to ensure that you receive the entire amount of damages for that you are eligible.