The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you need for your injuries, our hard-working attorneys will prepare a formal demand letter. The letter will outline all of your financial losses like medical expenses and lost wages as and non-economic losses like pain and discomfort.

Then a jury or judge will decide. If they decide in your favor they will award you damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves an automobile accident it is essential to prove negligence to obtaining compensation for your injuries. Gathering evidence is among the first steps of the litigation process, and it involves collecting documents including photographs, witness statements as well as official reports like police reports.

Your lawyer may be able to determine what happened in the accident by taking pictures of the scene, including skid marks and road debris as well as other physical evidence. Note down the names and contact information of any witnesses who were present to witness the events. Witnesses who testify to corroborate your account of what transpired is vital especially as it can be common for drivers to have contradictory versions of what transpired, which causes insurance companies to refuse to accept the claim, or even deny responsibility completely.

Medical records can also be utilized by your lawyer to establish the severity of your injuries. They could include receipts, bills, lab results, diagnosis reports, discharge guidelines and other forms of documentation. You should seek these records as soon as you can, and make sure to provide copies to your healthcare professionals.

A deposition is a different type of evidence your lawyer could employ. It is a non-in court statement made under oath. It is then transcribing by a Court Reporter. Your lawyer may use this evidence to prove your injuries were an immediate, obvious connection to the accident. This is a good argument to support the need for compensation. Most of the evidence discussed above can be gathered at the scene of the crash or shortly after, but some may not be available until much later in the litigation. It is crucial to contact a lawyer for car accidents with the appropriate credentials immediately so that they can begin an investigation as evidence is in its purest form.

2. Making a Complaint

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

The first step is to file a complaint with the court. This document will outline your specific claims as well as the amount of money you'd like to claim in damages. This document is usually drafted by an attorney and filed in the court. It is also delivered to the defendant.

It also kicks off the discovery phase which allows both sides to exchange information and documents related to their claims and defenses. The process can be long and requires both parties to review many documents, including police reports as well as witness statements, medical records, bills and more. Each side may request interrogatories. They are a set of questions that the other side must answer under oath within a specified time frame.

In this phase the lawyer will collaborate with doctors to ensure that they have a complete understanding of the seriousness of your injuries and the impact they have had on your daily life. Your lawyer will then calculate the total damages you have suffered, which will include future and accident past medical expenses as well as lost earnings, suffering and pain, and more.

Sometimes, your lawyer may be able to reach an agreement with the at fault driver's insurance company. This is more likely to happen following discovery, but before trial. If the insurance company does not agree to a fair settlement, or if your losses are significant and are not covered by insurance, then you may need to go to trial. A jury or judge will make a final decision in the case based on all the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit where your lawyer and the insurance company exchange information that could assist or derail your claim. Your attorney will request copies of documents that support your case, such as medical bills, police reports or work-related loss records (e.g., from your employer showing the amount of time you were absent from work because of the accident) photographs of your vehicle and any injuries or damage and other financial information. Your attorney may also use documents for discovery in writing, such as interrogatories and requests for production to question witnesses and parties who are not present.

The written discovery tools are sent back and forth between the attorneys of both sides. The tools for writing discovery give the opposing party a chance to respond to questions in writing that must be answered under oath. It also allows you to provide copies of other information that might be useful to you.

Your Long Island car accident attorney will also interview witnesses and anyone who has information regarding your injuries or damages which could be vital to your case. During a deposition lawyer for the person who is at fault will ask you an array of questions and your answers will be recorded on video or translated by a court reporter.

The goal of these pre-trial investigation procedures is to enable your lawyer to construct an argument that is persuasive and strong to the party at fault and their insurer, so that you can receive a fair and complete settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case, but the majority of them will settle during or following the investigation process, which is usually completed prior to the trial.

4. Trial

The majority of car accident law firm cases settle through out-of-court negotiations If you and the insurance company aren't in agreement on the cause or the amount you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal hearing where both sides present arguments and evidence to a factfinder, who makes a ruling that settles the issue. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the accident scene or testimony from witnesses, medical professionals, or documents like police reports and bills. You can also testify regarding your memory of the incident, and how it impacted your life. Expert witnesses will also provide testimony to support your claims. The lawyer representing the defendant can interrogate witnesses and object to the admissibility of certain evidence.

At trial, the jury must decide whether the plaintiff's injuries were the result of the defendant's negligence. They will examine the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate cause looks at how close the connection is 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 complex issue because it is contingent on the extent of your injuries and the degree to which you've suffered. Your attorney will present evidence which includes expert testimony about the severity of your injuries as well as lost income and future earning potential, in addition to your pain and suffering as well as impairment.

5. Settlement

Each state establishes a legal deadline, commonly referred to as the statute of limitations by which you must settle your claim or bring a lawsuit. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you could be required to file a vehicle accident lawsuit in the court. It's costly and time-consuming, however it is often necessary to get compensation.

During this procedure during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and also attend hearings. Your lawyer will also make legal filings, also known as motions, requesting the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can continue during this process. A lot of civil disputes are resolved before a trial is necessary.

If they believe that your claim is legitimate and you are willing to go to trial insurance companies will make an appropriate settlement offer. In addition, the settlement process is more efficient and less risky than a trial.

It is vital to be aware of your injuries prior to the settlement. You must have completed all medical treatment. You could lose out on additional compensation if you sign the settlement until your physician has determined that you have reached the level of medical improvement that is the highest. Also, you should not sign a release before you have spoken with your lawyer about your damages. Your lawyer will ensure you don't be denied compensation that is valuable. They will go through your medical records as well as other documentation to ensure that you are entitled to all compensation you're entitled to.