The First Steps in Car Accident Litigation

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

Then a jury or judge will take a call. If they come to a decision to your advantage, you will be awarded damages. In addition, the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit that involves 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 documents, photos, witness testimony, official reports, such as police reports, and other official reports.

Your attorney may be able to determine what happened in the accident by taking pictures of the scene, which include skid marks road debris, skid marks and other physical evidence. Note down the names and contact information of any witnesses who witnessed what happened. Witnesses who testify that confirm your account of the events is essential particularly 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 deny responsibility altogether.

Medical records can also be utilized by your lawyer in order to prove the extent of your injury. They could include bills, receipts, lab results, diagnosis reports, discharge instructions, and other documentation. It is essential to get these records as quickly as you can and give copies to your healthcare providers.

A deposition is a different type of evidence your lawyer may make use of. It is an out-of court statement made under oath and later transcribing by a Court Reporter. The lawyer can use this evidence to prove your injuries were an immediate, obvious connection to the accident. This is a good argument to support requesting compensation. The majority of the evidence listed above is available at the site of the accident or soon after however some evidence may not be available until later in the litigation. It's crucial to speak with a lawyer for car accidents with the right credentials immediately so they can begin an inquiry as evidence is in its purest form.

2. Filing a Complaint

Once the dust has settled and you've treated your injuries, it's the time to seek legal advice from a professional. A car accident attorney can provide the necessary expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with court, which lists the specific claims that you are making and the amount of money you are seeking in damages. The complaint is typically written by your lawyer and filed with the court and served on the defendant.

The discovery phase begins, allowing both parties to exchange information regarding their claims and defenses. The process can be very long and requires both parties to go through a myriad of documents including police reports as well as witness statements and medical records, as well as bills and more. Each side is able to request interrogatories. These are a series of questions which the other side must answer under oath within the timeframe specified.

Throughout this stage your lawyer will work with doctors to ensure they have a complete understanding of the seriousness of your injuries and the impact they have affected your daily routine. Your attorney will then calculate your total damages including the future and past medical expenses loss of earnings, suffering and pain and much more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver at the fault. This is more likely following discovery, but before trial. If the insurance company doesn't agree to a fair settlement or if the damage is substantial and not covered by insurance, then you might be required to appear in court. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial step in any car accident case. This is where your attorney and negligent insurance company of the driver exchange information that could help or hurt your claim. Your attorney will request copies of the documents to support your case. These include police reports, medical bills and work loss records from your employer (showing the amount of time you've missed due to the accident) photos of your vehicle as well as any injuries or damages as well as other financial data. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and parties who are not present.

These tools for writing discovery are shared between attorneys on both sides. They give the opposing side the chance to respond to questions in writing, which need to be answered under oath and accident attorney to provide copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding your injuries or damages that could be important to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your responses could be recorded on video by the court reporter or translated.

These pre-trial investigation procedures are designed to assist your lawyer construct a compelling case against the responsible party and their insurance company in order to obtain a fair settlement for all your injuries or losses, as well as expenses. While there is no guarantee that every case will settle but the majority settle during or after the discovery process, which may be completed before the case goes to trial.

4. Trial

Although the majority of car accident cases are settled through informal negotiations, if you and the insurance company disagree about fault or how much compensation you should receive for your injuries, your case may go to trial. A trial is an official proceeding in which both parties present their arguments and evidence to an impartial factfinder who takes a decision to resolve the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the accident scene, 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 testify to support your claims. The lawyer of the defendant may cross-examine witnesses and challenge to the admissibility or validity of certain evidence.

The jury will decide in the trial if the plaintiff's injury was caused by the defendant's negligent conduct. They will examine proximate cause which is a tangled legal concept that lawyers will spend many hours studying during law school. Proximate causes focuses on the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you are entitled to. It's also a complicated issue due to the degree of your injuries and the extent to which you've suffered. Your lawyer will present evidence that includes expert testimony regarding the severity of injuries that resulted in loss of income and earnings potential, as also your pain and suffering and impairment.

5. Settlement

Every state has a time limit by which you can settle your claim or bring an action. This is referred to as the statutes of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you could need to file a car accident lawsuit in court. This could be a lengthy process and costly, but it is often necessary to pursue compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where both sides exchange information with one another). Your lawyer will also file legal documents, accident attorney referred to as motions asking the court for things like the exclusion of certain kinds of evidence at trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are settled before a trial is needed.

If they believe that your injury claim is valid and you are willing to go to trial the insurance company will offer a fair settlement offer. In addition the settlement process is quicker and less risky than a trial.

Before agreeing to an agreement, it is important to understand the extent of your injuries and that you have completed all medical treatment. It is possible to lose additional compensation if settling the settlement until your physician has determined that you have attained the point of maximum improvement. Also, you should not sign a release until you've spoken with your lawyer about your injuries. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will scrutinize your medical records, as well as other documentation, to ensure that you receive all damages that you are entitled to.