The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter in the event that the insurance company refuses to pay you the amount you need for your injuries. This will include all of your economic damages such as medical bills and lost wages, and non-economic damages, such as suffering and pain.

A jury or judge will then make a decision. If they decide in your favor you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in a car it is essential to prove negligence to obtaining compensation for your injuries. Collecting evidence is one the first steps of the litigation process, and it involves gathering documents witnesses' testimony, photographs and official reports, such as police reports.

Your attorney may be able to establish what happened during the accident by taking pictures of the scene, including skid marks or road debris, as well as other physical evidence. Also, keep track of the names and contact details of any witnesses who were present at what happened. Witnesses that testify to support your version of the events is essential, especially since it can be common for drivers to have contradictory versions of what transpired, which leads to insurance companies refusing to accept the claim, or even deny the responsibility completely.

Medical records can also be utilized by your lawyer to prove the extent of your injury. These records could include bills, receipts, lab results, diagnosis reports, discharge guidelines and other documents. It is important to obtain these records as quickly as you can, and also provide copies to your healthcare providers.

Depositions are another form of evidence that your attorney can use. It is an out-of court statement made under oath. It is then translated by a court reporter. Your lawyer may use this evidence to prove your injuries had a direct, foreseeable link to the accident. This helps to justify the need for compensation. Most of the evidence mentioned above is available 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 lawyer for car accidents as soon as you can so that they can begin the investigation while the crucial evidence is in its purest form.

2. Making a complaint

After the dust has settled, and you've taken care of your injuries, seek legal guidance from an expert. An attorney for car accidents can provide the expertise needed to help you get the most compensation for your claim.

The first step is to file a complaint with court, which outlines the specific claims you are making and how much money you're seeking in damages. This type of document is typically drafted by an attorney, and filed in the court. It will also be served to the defendant.

The discovery phase starts, allowing both parties to exchange information about their claims and defenses. The process can be lengthy and requires both sides to examine a variety of documents, including police reports and witness statements medical records, bills and more. Each side may require interrogatories. These are a set of questions that the other party must answer under oath by a predetermined timeframe.

In this phase, your lawyer will also work closely with doctors to gather an accurate picture of your injuries as well as the impact that they've had on your life. Your lawyer will determine your total damages. This will include any future medical expenses as well as lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely to happen following discovery, but before trial. If the insurance company is unwilling to offer a fair settlement or if your damages are significant and are not covered by insurance, then you may be required to go to trial. A judge or jury will decide the case based on the weight of all 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 share information that could either support or damage your claim. Your attorney will seek copies of all documents that support your case. This includes police reports medical bills, as well as work loss records from your employer (showing the amount of time you were absent due to the accident) photographs of your vehicle, any injuries or damages and financial information. Your attorney may also use written discovery tools such as interrogatories and requests for production to ask questions of parties and witnesses who are not present.

The written discovery tools are sent back and forth between attorneys from both sides. They give the opposing side a chance to respond to questions in writing, which need to be answered under oath, and to provide copies of certain documents and other information that could be helpful to your case.

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

The purpose of these pretrial investigation processes is to enable your lawyer to build a strong and compelling case to the party at fault and their insurer in order that you can receive a full and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in every case but the majority of cases occur during or after the investigation process, which is typically completed before the trial.

4. Trial

The majority of car accidents settle through negotiations outside of court however, if you and your insurance company are not in agreement about who is to blame or how much compensation you should receive for your injuries, your case may go to trial. A trial is a formal proceeding in which both parties are required to argue their case and provide evidence before a factfinder who makes an decision on how to resolve 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 witness testimony, statements from witnesses and medical professionals, and documents such as police reports and bills. You may also offer your testimony about your memories of the incident and how it affected your life. Expert witnesses can also offer testimony to support your assertions. The lawyer of the defendant may cross-examine witnesses and challenge to the admissibility of evidence.

In a trial, the jury will decide if the plaintiff's injuries were caused by the defendant's negligence. They will be examining proximate causes which is a complex legal concept that lawyers spend countless hours studying during law school. Proximate cause examines 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 a more complicated matter because it is contingent on the severity of your injuries and the severity of your losses. Your lawyer will present evidence including expert testimony about the severity of injuries, lost income and future earning potential, as well your pain and suffering and impairment.

5. Settlement

Every state has a deadline to resolve your claim or file a lawsuit. This is referred to as the statutes of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, then you might be required to file a vehicle accident law firms lawsuit in court. This could be a lengthy process and expensive, yet 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 procedure in which parties exchange information with the other side) and will attend hearings. Your attorney will also prepare legal documents, also known as motions, which ask the court to do things like excluding certain types of evidence from trial. Settlement negotiations can continue throughout the entire process, and many civil disputes arising out of car accidents will end before a trial has to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is strong and that you will be willing to go to trial. Additionally, settlement is quicker and less risky for them than a trial.

Before settling on an agreement, accident Law firms it's essential to be aware of the extent of your injuries. You must also have completed all medical treatment. It is possible to lose additional compensation if settling the settlement before your doctor has determined that you have reached the maximum level of improvement in your medical condition. Don't sign a settlement agreement before you've spoken with your lawyer regarding your damages. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will go through your medical records and other documents, to ensure that you receive all the damages for which you qualify.