The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter in the event that the insurance company is unable to pay the amount you need to cover your injuries. This will list all your financial damages, such as medical bills and lost wages, as well as non-economic damages, like suffering and pain.

A jury or judge will then make a ruling. If they decide in your favor, they will award you damages and the defendant must pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is the most important aspect to obtain compensation for your injuries and losses. Collecting evidence is one the first steps of the process of litigation, and it requires gathering documents such as photographs, witness testimony and official reports, such as police reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually transpired in the collision, including the positions of both cars after impact, skid marks road debris, and other physical evidence. Also, note the names and phone numbers of any eyewitnesses who witnessed what happened. It is crucial that witnesses who can confirm the events that took place, as it can often happen that drivers offer contradictory accounts that lead to insurance companies refusing or denial of the liability.

Other evidence that your lawyer might use include medical records. These could include bills, receipts diagnose reports, lab results, discharge guidelines, Accident law Firm and other evidence that proves the extent of your injuries. You should get these records as quickly as you can and give copies to your medical professionals.

Depositions are another form of evidence your lawyer may make use of. It is an out-of the court testimony that is under oath, which is then transcribing by a Court Reporter. Your lawyer could use the testimony to prove that your injuries have an immediate and predicable connection to the crash, which helps justify requesting compensation for your losses. Most of the evidence discussed above can be collected at the site of the accident or soon after, but some may not be available until later in the legal process. It is crucial to contact a car accident lawyer with the appropriate credentials as soon as you can to begin an investigation while the evidence is still in its most pure form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, you should seek legal advice from a professional. An attorney who has handled car accidents will be able to provide the expert advice you require to help you get the most compensation for your claim.

The first step is to file a complaint with court, which details the specific claims that you're bringing and the amount you are seeking in damages. The complaint is typically written by your attorney, and then filed with the court and then served on the defendant.

The discovery phase starts with both parties able to share information about their claims and defenses. 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 might also have to look at medical records, bills, and other documents. Both sides can request interrogatories. These are a series questions that the other side must answer under oath in a specified time frame.

During this stage, you lawyer will also collaborate with your doctor to get an accurate picture of your injuries and the impact they've caused on your life. Your attorney will calculate your total damages that include the future and past medical expenses and lost earnings, as well as suffering and pain and much more.

Sometimes, your lawyer might be able to negotiate an agreement with the at-fault driver's insurance company. This is likely to take place after the completion of discovery and before trial. If the insurance company is unwilling to offer a fair settlement or if the damage is significant and are not covered by insurance, then you might be required to appear in court. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is when your attorney and the negligent insurer of the driver exchange information that can support 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. documents from your employer which reveals how long you missed work due to the accident attorneys) photos of your vehicle as well as any injuries or damages as well as other financial information. Your attorney will also use written discovery tools like interrogatories and requests for production, as well as requests for admissions to interview witnesses and parties who are not part of the case.

These written discovery tools are exchanged between attorneys from both sides. They provide the opposing party the chance to respond to questions in writing, which need to be answered under oath and to supply copies of certain documents or other data which could be beneficial to your case.

Your Long Island car accident lawyer will also be able to depose witnesses to the accident lawyers and also any person who has information about your injuries or damages that could be relevant to your case. During a deposition the lawyer representing the party at fault will ask you questions and your responses are recorded on video by an official court reporter or recorded.

The goal of these pre-trial investigation procedures is to enable your lawyer to build an argument that is convincing and persuasive to the at-fault party and their insurer, so that you can receive an adequate and fair settlement for your losses, injuries and expenses. Although there is no assurance that all cases will settle however, the majority of cases settle in the course of or following the discovery process, accident law Firm which may be completed before the case is brought to trial.

4. Trial

Trials can be arranged in situations when you and the insurance company are not in agreement regarding the fault of the other party or the amount you are entitled to for your injuries. A trial is an official proceeding where both parties present their arguments and evidence to an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will give your account of the events in your opening statements to the jury as well as any other evidence you have, including photographs or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You may also offer your testimony about your memories of the incident and how it has changed your life. Expert witnesses can also testify to back your assertions. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of certain evidence.

In a trial, the jury has to decide whether the plaintiff's injuries were caused by the defendant's negligence. They will be examining proximate causes which is a tangled legal concept that lawyers spend many hours studying in law school. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury is also required to determine how much damages you're entitled to. This is another complicated issue depending on the severity of your injuries and the severity of your losses. Your attorney will present your evidence including expert witness testimony about the severity of your injuries, the loss of income and future earnings potential in addition to your pain and suffering disfigurement, impairment, and.

5. Settlement

Every state has a time limit to settle your claim or bring a lawsuit. This is known as the statute of limitations. If your lawyer is not able to come to a deal with the insurer, you may have to start a lawsuit in the courtroom. It can be time-consuming and costly, but it is often required to seek compensation.

During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and will attend hearings. Your lawyer will also prepare legal documents, also known as motions, which ask 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 law firm civil disputes are settled before a trial is necessary.

If they believe your injury claim is solid and that you are willing to go to trial the insurance company will offer an appropriate settlement offer. Settlements are more efficient and less risky than a court trial.

It is essential to fully comprehend the extent of your injuries prior to agreeing to the settlement. You should also have completed all medical treatments. If you sign a settlement before your doctor has determined you have reached your maximum medical improvement (MMI) and you are not able to not receive additional compensation. Don't sign a contract before you have consulted with your lawyer about your injuries. Your lawyer will make sure that you don't lose the opportunity to receive a valuable amount of compensation. They will review your medical records and other documents, to ensure that you are entitled to all damages for which you qualify.