The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you require for your injuries, our tenacious lawyers will draft a formal demand letter. This will include all of your financial damages, such as medical bills and lost wages, as well as non-economic damages, such as pain and suffering.

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

1. Gathering Evidence

In a case of a car crash lawsuit, proving negligence and liability is crucial to get compensation for your losses and injuries. Gathering evidence is one of the initial steps in the litigation process, and it requires gathering documents such as photographs, witness testimony as well as official reports such as police reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually happened in the crash, including the position of both cars after impact, skid marks road debris and other evidence that is physical. Also, take note of the names and contact information of any witnesses who witnessed the incident. Witnesses who testify to corroborate your account of what transpired is vital particularly since it can be common for drivers to have contradictory versions of what transpired, which results in insurance companies refusing to accept the claim or even denying any responsibility at all.

Medical records can also be utilized by your lawyer in order to prove the extent of your injury. These documents may include receipts, bills laboratory results, diagnosis reports, discharge guidelines and other forms of documentation. It is essential to get these records as quickly as possible and provide copies to your healthcare professionals.

A deposition is another form of evidence your lawyer may employ. It is a non-in court statement made under oath and later transcribed by a Court Reporter. Your lawyer may utilize the testimony to prove the fact that your injuries had an immediate and predicable connection to the accident, which helps justify requesting compensation for your injuries. While the majority of the above types of evidence are collected at the scene of the accident or shortly afterward but some of the evidence might not be accessible until later in the litigation process. It is essential to contact a lawyer for car accidents with the right credentials immediately to begin an investigation as evidence is in its purest form.

2. How to file a complaint

When the dust has cleared and you have tended to your injuries, it's time to seek out legal counsel from an expert. A car accident attorney can provide the necessary expertise to help you get the most compensation for your claim.

The first step is filing an application with the court. The complaint will detail your specific claims as well as the amount you wish to recover in damages. The document is usually written by an attorney and then filed in court. It will also be given to the defendant.

The discovery phase begins and allows both parties to exchange information about their defenses and claims. The process can take a long time and both teams will be required to examine a large number of documents including police reports and witness statements. They might also need to review medical records, bills, and other documents. Each side can demand interrogatories. They are a set of questions which the other party must answer under oath, within a specific timeframe.

In this phase, your lawyer will also collaborate with medical professionals to ensure they have a complete understanding of the severity of your injuries and the impact they have affected your daily routine. Your attorney will then calculate your total damages, which will include past and future medical expenses, lost earnings, suffering and pain and much more.

Sometimes, your lawyer could be able to negotiate an agreement with the at-fault driver's insurance company. It is likely to take place after the completion of discovery, but before trial. If the insurance company is unable to provide a fair settlement or if you have incurred significant damages that are not covered by the insurance policy, your case could go to trial. A jury or judge will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that could aid or hinder your claim. Your attorney will ask for copies of documents to support your claim. These documents include police reports as well as medical bills and work loss records from your employer (showing the amount of time you've missed due to the accident lawyers law firm (love it)) photographs of your vehicle, any injuries or damages and other financial details. Your lawyer will also make use of documents for discovery in writing, accident law Firm such as interrogatories, requests for production and requests for admissions to interview witnesses and other parties who are not part of the case.

These written discovery tools are sent back and forth between attorneys for both sides. The tools for writing discovery give the opposing side an opportunity to answer questions in writing which must be sworn to under oath, and to provide copies of other information that might be useful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding 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 responses will be recorded on video, or transcribed by a court reporter.

The purpose of these pre-trial investigation procedures is to help your lawyer to present an argument that is persuasive and strong to the party at fault and their insurance company so that you can get a full 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 during or after the discovery process, which may be completed prior to the time your case reaches trial.

4. Trial

Although the majority of car accident lawsuits cases settle through out-of-court negotiations however, if you and your insurance company aren't in agreement on the cause or the amount of compensation you should receive for your injuries, your case may be heard in a trial. A trial is an official proceeding in which both sides 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 usually a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any evidence supporting it including photos or videos of the scene of the accident as well as testimony from witnesses and medical professionals, or documents like police reports and bills. You can also testify about your memories of the incident and how it affected your life. Expert witnesses can also give testimony to support your claims. The lawyer representing the defendant can cross-examine witnesses and object to the admissibility of evidence.

In a trial, the jury must decide whether the plaintiff's injuries were the result of the negligence of the defendant. They will look at the proximate cause, a complicated legal concept that law students will spend hours studying. Proximate causes considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. This is a thorny issue due to how severe your injuries are and the extent of your losses. Your lawyer will present your evidence that includes expert witness testimony about the severity of your injuries, your lost income, and your future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state has a specific deadline by which you can resolve your claim or file an action. This is known as the statutes of limitations. If your lawyer is not able to come to a deal with the insurer, you may have to file a lawsuit in court. It can be costly and time-consuming, but this is often necessary to seek compensation.

During this process the Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and will attend hearings. Your lawyer will also make legal filings, also known as motions, asking the court to do things like excluding certain types of evidence from trial. Settlement negotiations can continue throughout this process, and a majority of civil disputes arising out of car accidents will end before a trial is required to be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is strong and you'll be willing to go to trial. Settlements are quicker and less risky than the court trial.

Before settling on an agreement, it's important to understand the extent of your injuries and that you have completed all medical treatments. If you agree to a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI) then you could miss out on additional compensation. Also, you should not sign a release before you have consulted with your lawyer regarding your damages. Your lawyer will make sure that you don't lose out on a significant amount of compensation. They will carefully review your medical records and other evidence to ensure that you receive the total amount of damages to which you are entitled.