The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount of money you require for your injuries, our hard-working lawyers will draft an official demand letter. This will outline all the economic losses you have suffered such as medical bills and lost wages, and non-economic damages like pain and suffering.

Then, a judge or jury will make a decision. If they rule to your advantage you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident it is essential to prove negligence 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, such as police reports, and other official reports.

Your attorney may be able to determine what transpired in the incident by taking photographs of the scene, including skid marks and road debris as well as other physical evidence. Also, take note of the names and phone numbers of any witnesses who witnessed the incident. It is essential that witnesses corroborate the events that took place, since it can often happen that drivers offer contradictory accounts that lead to insurance companies denying or refusing liability.

Medical records can also be utilized by your lawyer to prove the severity of your injury. They could include bills, receipts, lab results, diagnosis reports, discharge guidelines and other documents. You should get these records as quickly as possible and provide copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney can use. It's an out-of court testimony under oath, which is then translated by a court reporter. Your lawyer may use this testimony to establish your injuries have a clear, identifiable connection to the accident. This will help justify seeking compensation. While the majority of the above types of evidence are obtained at the scene or within a short time after but some of the evidence might not be available until later in the litigation process. This is why it's crucial to speak with a well-credentialed lawyer for car accidents as soon as possible so that they can begin an investigation as evidence is in its purest form.

2. Filing a Complaint

Once the dust has settled and you have tended to your injuries, it's time to seek expert legal advice. A car accident lawyer 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 the amount you are seeking in damages. The complaint is typically written by your attorney and filed with the court and then served on the defendant.

This also initiates the discovery phase that allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a considerable time and both teams may need to review a lot of documents, including police reports and witness statements. They might also have to review medical documents as well as bills and other documents. Each side may request interrogatories, which are a set of questions which the other party must answer under oath, within a specific timeframe.

During this stage, you lawyer will also collaborate with medical professionals to obtain the full picture of your injuries as well as the impact that they've had on your life. Your lawyer will then calculate your total damages that will include the past and future medical costs and lost earnings, as well as pain and suffering, and more.

Sometimes, your lawyer might be able to negotiate an agreement with the at-fault driver's insurance company. This is most likely to occur after the completion of discovery, but before trial. If the insurance company does not agree to a fair settlement or if your damages are important and not covered by insurance, you may be required to go to trial. A judge or jury will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawyer lawsuit the attorney representing you and the insurance company exchange information that may assist or derail your claim. Your attorney will request copies of the documents supporting your case, including police reports, medical bills, work loss records (e.g. documents from your employer that outlines how much time you missed work due to the yonkers accident law firm) photos of your vehicle and any damage or injuries as well as other financial information. Your lawyer will also make use of written discovery tools, such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and parties who are not present in the case.

These tools for discovery are used to exchange information between attorneys on both sides. They give the opposing party the opportunity to answer questions in writing, which have to be sworn to in oath and to provide copies of certain documents and other information which could be beneficial to your case.

Your Long Island car accident attorney will also depose witnesses as well as any other person with information about the damages or injuries you sustained that could be essential to your case. In a deposition, the lawyer representing the at-fault party will ask you questions and your responses will either be recorded on video by an official court reporter or recorded.

The purpose of these pre-trial investigation procedures is to enable your lawyer to build a strong and compelling case against the at-fault party as well as their insurer, so that you can receive an equitable and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case, but the majority of them will settle during or following the investigation process, which is often completed before the trial.

4. Trial

Trials can be arranged in situations where you and the insurance company disagree on the source of your fault or the amount of compensation you should be awarded for your injuries. A trial is a formal process where both parties argue and present evidence to 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 your lawyer will give your account of the events in your opening statements to the jury and any supporting evidence you have, including photos or video of the accident scene, testimony from bystanders and medical professionals, and documents such as police reports and medical bills. You may also testify on your personal memories of the incident and how it affected your life. Expert witnesses can also testify to support your assertions. The lawyer for the defendant may cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's injuries was the result of the defendant's negligent behavior. They will examine proximate cause which is a complex legal concept that lawyers have to spend many hours studying during law school. Proximate causes considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. It's a difficult issue because it is contingent on the extent of your injuries and the degree to which you've suffered. Your attorney will provide evidence, including expert testimony, about the severity of injuries as well as lost income and future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Each state establishes a legal deadline, known as the statute of limitations, in which you must settle your claim or bring a lawsuit. If your lawyer is not able to reach a settlement with the insurer, you could be required to bring a lawsuit to court. It's costly and time-consuming, but it is often necessary to seek compensation.

During the discovery procedure, your Long Island accident lawyer personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where each side exchanges information with each other). Your lawyer will also file legal documents called motions that ask the court for things like not allowing certain types of evidence in trial. Settlement negotiations can continue during this process. A majority of car accident civil disputes are resolved before a trial is necessary.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is solid and that you'll be willing to take the case to trial. Settlement is more efficient and less risky than the court trial.

It is important to be aware of the extent of your injuries prior to agreeing to a settlement. You must have completed all medical treatments. If you accept a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) it is possible to miss out on additional compensation. Also, you should not sign a settlement agreement before you have spoken with your lawyer about your injuries. Your lawyer will make sure that you do not be denied compensation that is valuable. They will review your medical records and other documentation to ensure that you receive all of the damages you are entitled to.