The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you need for your injuries, our tenacious lawyers will draft an official demand letter. This letter will detail all of your financial damages like medical expenses and lost wages as in addition to non-economic damages like pain and discomfort.

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

1. Gathering Evidence

In a lawsuit involving an accident in a car, proving negligence is crucial to obtaining compensation for your injuries. Gathering evidence is one of the first steps in the process of litigation, and it involves gathering evidence, documents witnesses' testimony, photographs and official reports like police reports.

Photographs of the scene of the accident could help your attorney establish what actually transpired in the crash, including the position of both cars following the impact, skid marks road debris and Accident Lawsuit other physical evidence. Also, note the names and phone numbers of any witnesses who witnessed what transpired. Having witnesses testify that corroborate your version of what transpired is vital as it could be common for drivers to have contradictory versions of what transpired, which causes insurance companies to refuse to accept the claim or deny the responsibility completely.

Medical records can also be used by your lawyer to demonstrate the severity of your injury. These records could include bills, receipts laboratory results, diagnosis reports, discharge instructions, and other forms of documentation. You should seek these records as soon as you can and send copies to your healthcare providers.

Another type of evidence your attorney might make use of is a deposition which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer can utilize the testimony to prove that your injuries had an immediate and predicable connection to the crash which can help justify the compensation you deserve for your damages. While most of the above-mentioned kinds of evidence can be gathered at the accident scene or within a short time after but some of the evidence might not be accessible until later in the litigation process. This is why it's vital to speak with a well-credentialed car accident lawyer as soon as you can, so they can begin the investigation as evidence is in its most pure form.

2. How to file a complaint

Once the dust has settled and you've taken care of your injuries, it's time to seek legal advice from a professional. A lawyer who has handled car accidents can offer you the knowledge to maximize your compensation.

The first step is to file an application with the court. This document will outline your specific claims as well as the amount you wish to recover in damages. The document is usually written by your attorney and filed with the court and served on the defendant.

This also begins the discovery phase, which allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a long time and requires both parties to go through a myriad of documents including police reports as well as witness statements medical records, invoices and more. Each side is able to request interrogatories. These are a set of questions that the other side has to answer under oath within a specified time frame.

In this phase, your lawyer will also collaborate with doctors to gather a full picture of your injuries and the impact that they've affected your life. Your lawyer will calculate the total damages. This will include future and accident lawsuit past medical expenses including lost wages, suffering and pain, and much more.

Your lawyer could be able to negotiate a settlement with the insurance company of the driver at fault. This is more likely after discovery and before the trial. However, if the insurance company is unable to offer a fair settlement or if you've sustained significant losses that aren't covered by the insurance policy, the case may go to trial. A judge or jury will make a final decision in the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that may aid or hinder your claim. Your attorney will ask for copies of documents to prove your case. These documents include police reports medical bills, work loss records from your employer (showing how much time you missed due to the accident) photos of your vehicle, any injuries or damages, and other financial information. Your attorney will also make use of written discovery tools like interrogatories, requests for production and requests for admissions to interview witnesses and other parties that are not in the case.

These discovery tools written in writing are sent back and forth between attorneys from both sides. They give the opposing side the chance to respond to questions in writing, which have to be answered under oath, and to provide copies of certain documents or other data which could be beneficial to your case.

Your Long Island car accident attorney will also interview witnesses and any other person with information about the damages or injuries you sustained that could be important to your case. During a deposition lawyer representing the party at fault will ask you a series of questions, and your responses will be recorded on video or translated by a court reporter.

These pretrial investigation procedures are designed to assist your lawyer build a compelling case against the responsible party and their insurer to get a fair settlement for all your losses, injuries as well as losses, expenses and costs. While there is no guarantee that all cases settle however, the majority settles during or after the discovery process, which can often be completed before the trial.

4. Trial

Trials are possible in cases where you and the insurance company do not agree regarding the fault of the other party or the amount of compensation you should be awarded for your injuries. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder who makes a ruling that resolves the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any evidence supporting it including photos or videos of the accident scene as well as testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also provide testimony regarding your memory of the incident and how it has changed your life. Expert witnesses can also testify to back your assertions. The defendant's lawyer can interrogate witnesses and object to the admissibility of evidence.

In a trial, the jury will decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will look at proximate cause an intricate legal concept that lawyers spend countless hours studying in law school. Proximate causes 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. It's also a complex issue because it is contingent on the degree of your injuries and the degree to which you've suffered. Your attorney will present your evidence including expert witness testimony about the severity of your injuries, your lost income, and your future earnings potential in addition to your suffering and pain disfigurement, impairment, and.

5. Settlement

Every state has a time limit to resolve your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you could have to file a car accident lawsuit in court. It can be costly and time-consuming, but it is usually required to obtain compensation.

During this process the Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents, referred to as motions that ask the court for things like the exclusion of certain types of evidence during trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are settled before a trial is necessary.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and you'll be willing to go to trial. Settlement is quicker and less risky than an in-court trial.

It is vital to fully understand the extent of your injuries prior to agreeing to an agreement. You must also have completed all medical treatment. You could be denied additional compensation if you sign an offer of settlement until your doctor has determined that you have attained the point of maximum improvement. Also, you should not sign a release until you have talked to your lawyer and have an understanding of all damages. Your lawyer will make sure that you do not miss out on valuable 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 eligible.