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 require for your injuries. The letter will outline all of your economic damages like medical expenses and lost wages as well as non-economic damages such as pain and discomfort.

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

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence is essential to receive compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports, like police reports and other official reports.

Your attorney might be able to determine the circumstances of the accident by taking pictures of the scene, which include skid marks, road debris and other physical evidence. Take down the names and contact numbers of any eyewitnesses that witnessed what happened. It is crucial to have witnesses who can confirm 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 the responsibility.

Medical records can also be used by your lawyer to demonstrate the extent of your injury. These records could include receipts, bills and lab results, diagnose reports, discharge guidelines and other documentation. It is important to obtain these records as soon as you can and give copies to your healthcare professionals.

Another form of evidence that your lawyer could use is a deposition, which is a non-court-issued testimony that is given under oath and transcribed by a court reporter. Your lawyer could use the testimony to establish the fact that your injuries had a direct and foreseeable connection to the accident law firm (More) and can be used to justify compensation for your losses. The majority of the evidence mentioned above is available at the site of the crash or shortly after however some evidence may not be available until later in the litigation. It's important to contact a lawyer for car accidents with the appropriate credentials as soon as you can to begin an inquiry while the evidence is still in its most pure form.

2. Filing a complaint

After the dust has settled and you have tended to your injuries, it's time to seek expert legal advice. A lawyer who has handled car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims that you're bringing and how much money you're seeking in damages. The document is usually written by an attorney and then filed in the court. It is also served to the defendant.

The discovery phase begins, allowing both parties to share information about their defenses and claims. The process can take a considerable duration and both teams will be required to examine a large number of documents, including police reports and witness statements. They may also have to look at medical records or bills, as well as other documents. Each side may demand interrogatories. They are a series of questions that the other party must answer under oath by a predetermined timeframe.

In this phase, your lawyer will also collaborate with medical professionals to obtain a full picture of your injuries as well as the impact they've affected your life. Your attorney will then calculate the total damages you have suffered including future and past medical expenses loss of earnings, suffering and pain, Accident Law Firm and more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver who is at fault. This is more likely to occur following discovery and prior to trial. If the insurance company does not agree to a fair settlement or if your losses are significant and are not covered by insurance, then you may have to go to trial. A judge or jury will make a decision on the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will request copies of the documents supporting your case, including medical bills, police reports or work-related loss records (e.g. documents from your employer that outlines how much time you missed work because of the accident) photographs of your vehicle and any damage or injuries or other pertinent financial information. Your attorney may also use written discovery tools such as interrogatories and requests for production to ask questions of witnesses and other parties who are not present.

The written discovery tools are circulated back and forth between the attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, which need to be sworn to in oath and to provide copies of specific documents or other information that could be useful to your case.

Your Long Island car accident lawyers attorney will also question witnesses and anyone who has information about your injuries or damages which could be vital to your case. In a deposition, the attorney representing the at-fault party will ask you a series of questions, and your responses will be recorded on video, or transcribed by a court reporter.

These pre-trial investigation procedures are designed to help your lawyer develop a convincing case against the at-fault person and their insurer to obtain an equitable settlement for all your losses, injuries or losses, as well as expenses. Although there is no guarantee that every case will settle but the majority settle at the end of or following the discovery process, which is often be completed prior to the time your trial.

4. Trial

Although the majority of car accidents settle through out-of-court negotiations If you and the insurance company aren't in agreement on the cause or the amount of compensation you are entitled to for your injuries, the case may be heard in a trial. A trial is an official process in which both sides are required to argue their case and provide evidence before an impartial factfinder who takes an decision on how to resolve the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial the lawyer will present your version of events in your opening statements to the jury as well as any other evidence you have, including pictures or videos of accident scene, testimony from witnesses and medical professionals, as well as documents such as medical bills and police reports. You may also testify about your memories of the incident and how it impacted your life. Expert witnesses can also testify to back your assertions. The lawyer for the defendant can cross-examine the witnesses and object to the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's injury was caused by the defendant's negligence. They will examine the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate causes examines the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also determine how much damages you are entitled to. This is a thorny issue due to how severe your injuries are and the extent of your losses. Your attorney will present evidence including expert testimony about the severity of injuries, lost income and future earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Each state has a specific deadline within which you can resolve your claim or file an action. This is referred to as the statutes of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you might be required to file a vehicle accident lawsuit in the court. It's costly and time-consuming. However, it is often necessary to seek compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents, known as motions, asking the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are resolved before a trial is needed.

If they believe that your claim is solid and you are willing to go to trial insurance companies will make an acceptable settlement offer. Settlements are faster and less risky compared to an in-court trial.

It is crucial to understand your injuries before you agree to an agreement. You should also have completed all medical treatments. If you sign a settlement before your doctor determines that you have reached your maximum medical improvement (MMI) then you could not receive additional compensation. It is also important not to sign a release before you have spoken with your lawyer about your injuries. Your lawyer will ensure you do not be denied compensation that is valuable. They will carefully examine your medical records and other evidence to ensure that you receive the entire amount of damages for which you are entitled.