The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand accident lawsuit letter if an insurance company refuses to pay the amount you're entitled to for your injuries. This will outline all your economic damages like medical bills and lost wages, and other damages that are not economic, like suffering and pain.

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

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is crucial to get compensation for your injuries and losses. The gathering of evidence is one of the initial steps in the process of litigation, and it involves gathering evidence, documents including photographs, witness statements and official reports such as police reports.

Photographs of the scene of the accident can aid your lawyer in determining what actually happened in the crash, including the position of both vehicles after collision, skid marks, road debris and other evidence that is physical. Take down the names and contact details of any witnesses who witnessed what transpired. It is crucial that witnesses confirm the events took place, as it can often be the case that drivers will give contradictory information that can lead to insurance companies refusing or denying responsibility.

Medical records can also be utilized by your lawyer to establish the severity of your injuries. These documents may include receipts, bills and lab results, diagnose reports, discharge guidelines and other records. It is important to obtain these records as soon as you can and be sure to send copies to your medical professionals.

A deposition is another form of evidence that your attorney can use. This is an out-of court statement made under oath and later translated by a court reporter. Your lawyer can make use of this testimony to prove your injuries had an obvious, predicable connection to the accident. This can be used to justify the need for compensation. The majority of the evidence mentioned above can be collected at the scene of the accident or within a short time but some of it may not be available until later in the legal process. This is the reason it's essential to talk to a reputable car accident lawyer as soon as possible, so that they can begin investigating while vital evidence is still in its most pure form.

2. The process of filing a complaint

Once the dust has sunk and you have tended to your injuries, it's the time to seek out legal counsel from an expert. A car accident law firms lawyer can provide you with the knowledge to maximize your compensation.

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

The discovery phase begins with both parties able to exchange information regarding their claims and defenses. The process can take a long duration and both teams will have to look over a variety of documents like police reports and witness statements. They might also have to examine medical records or bills, as well as other documents. Each side may require interrogatories. These are a series of questions that the other party must answer under oath, within a specific date.

In this phase, your lawyer will also collaborate with doctors to gather a full picture of your injuries and the impact that they've had on your life. Your attorney will calculate the total damages you have suffered including the future and past medical expenses and lost earnings, as well as suffering and pain and much more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver at fault. This is most likely to take place after the completion of discovery, but before trial. If the insurance company refuses an acceptable 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 a crucial phase in any car accident lawsuit, where your attorney and the insurance company exchange information that could aid or hinder your claim. Your attorney will request copies of the documents to support your claim. These include police reports as well as medical bills and work loss documents from your employer (showing the length of time you've missed due to the accident lawsuits) photos of your vehicle damaged or injured as well as other financial data. Your attorney may also employ written discovery tools like interrogatories, requests for production and requests for admissions to question witnesses and other parties who are not part of the case.

The written discovery tools are sent back and forth between attorneys from both sides. Written discovery tools allow the opposing party a chance to respond to questions in writing, which must be answered under oath and to provide copies or other information which could be helpful to you.

Your Long Island car accident lawyer will also take depositions of witnesses to the collision and also anyone with information on your injuries or damage that could be crucial to your case. During a deposition, the attorney representing the at-fault party will ask you a series of questions, and your answers will be recorded on video or transcribing by a court reporter.

The goal of these pretrial investigation processes is to help your lawyer to present a strong and compelling case to the responsible party and their insurer, so that you can receive an adequate and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases settle, the majority do either during or after the discovery process, which is often be completed before your trial.

4. Trial

Trials are possible where you and the insurance company do not agree regarding the fault of the other party or the amount you should receive for your injuries. A trial is a formal proceeding where both sides submit arguments and evidence to a factfinder who renders a verdict that settles the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene or testimony from witnesses, 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 has affected your life. Expert witnesses can also testify to back your claims. The attorney for the defendant can cross-examine witnesses and object to the admissibility of specific evidence.

The jury will decide in the trial whether the plaintiff's harm was caused by the defendant's negligent behavior. They will be looking at proximate causes, a complex legal concept that law students will spend hours studying. Proximate causes focuses on the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury is also required to determine how much damages you are entitled to. This is another complicated issue because it is contingent on how severe your injuries are and the extent of your losses. Your attorney will present your evidence including expert witness testimony on the severity of your injuries, your loss of income, and your future earnings potential in addition to your suffering and pain disfigurement, impairment, and.

5. Settlement

Every state has a time limit by which you can settle your claim, or even file an action. This is referred to as the statute of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, then you might need to file a car accident lawsuit in court. It's costly and time-consuming, but this is usually required to obtain compensation.

During this process the Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and will 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 continue throughout this process, and most car accident civil disputes end before a trial has to be held.

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

Before settling on the settlement, it's essential to be aware of the extent of your injuries and completed all medical treatments. It is possible to lose additional compensation if you agree to a settlement until your doctor has confirmed that you have achieved the point of maximum improvement. You should also not sign a release until you have consulted with your lawyer regarding your damages. Your lawyer will ensure that you don't miss out on valuable compensation. They will carefully examine your medical records and other documents to make sure that you receive the full amount of damages to which you are eligible.