The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount of money you require for your injuries, our determined attorneys will prepare an official demand letter. This letter will detail all of your economic damages such as medical expenses and lost wages as also non-economic damages like pain and discomfort.

A judge or jury will then take a call. If they rule in your favor they will make you a victim and the defendant must pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is key to obtaining compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports like police reports and other official reports.

Photographs of the scene of the accident can aid your lawyer in determining what actually transpired in the collision, including the positions of both vehicles after impact, skid marks, road debris, accident Attorneys and other physical evidence. Record the names and contact numbers of any witnesses who were present to witness what happened. It is essential that witnesses who can confirm the events that took place, as it can often happen that drivers give contradictory information that can lead to insurance companies refusing or denying responsibility.

Other types of evidence your lawyer could utilize include medical records, which could include bills, receipts diagnose reports, lab results, discharge instructions, and other evidence that proves the extent of your injuries. It is essential to get these records as soon as you can and give copies to your healthcare providers.

Another form of evidence that your lawyer could employ is a deposition which is out-of-court testimony given under oath that is then transcribing by a court reporter. Your lawyer may utilize the testimony to prove that your injuries have had a direct and foreseeable connection to the crash, which helps justify requesting compensation for your losses. While most of the above-mentioned types of evidence are taken at the scene of the accident or shortly thereafter, some of them may not be accessible until later in the litigation process. It's important to contact an attorney for car accidents with the appropriate credentials as soon as you can to begin an investigation while the evidence is still in its purest form.

2. How to file a complaint

Once the dust has sunk and you've taken care of your injuries, it's the time to seek out legal counsel from an expert. A car accident attorney will be able to provide the expert advice you require to help you get the most compensation for your claim.

The first step is to file a complaint with the court, describing the specific claims that you have filed and the amount you're seeking in damages. This document is usually drafted by an attorney and filed in the court. It is also served on the defendant.

This also begins the discovery phase which allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can be very long and requires both parties to review many documents, including police reports, witness statements, medical records, bills and much more. Each side can request interrogatories, which are a series of questions which the other party must answer under oath, within a specific date.

Throughout this process, your lawyer will also collaborate with doctors to ensure they have a complete picture of the extent of your injuries and the impact they've affected your daily routine. Your lawyer will then calculate the total damages you have suffered that will include the future and past medical expenses and lost earnings, as well as suffering and pain and much more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver at the fault. This is more likely to happen following discovery and prior to trial. If the insurance company refuses to settle the claim in a fair manner or if you've suffered substantial damages that aren't covered by the insurance policy, the case may move forward to trial. A jury or judge will decide on the case based on all the evidence presented.

3. Discovery

Discovery is an essential step in any car Accident attorneys case. This is where your attorney and negligent insurer for the driver exchange information that could support or damage your claim. Your attorney will request copies of documents that support your case. These documents include police reports medical bills, as well as work loss documents from your employer (showing the length of time you've missed due to the accident), photos of your vehicle damaged or injured, and other financial information. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to ask questions of witnesses and parties who are not present.

These written discovery tools are sent back and forth between attorneys from both sides. They provide the opposing party a chance to respond to questions in writing, which must be sworn to under oath, and to supply copies of certain documents and other information that could be helpful to your case.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the collision as well as anyone who has information about your injuries or damages that could be pertinent to your case. During a deposition, the attorney representing the at-fault party 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 allow your lawyer to present an argument that is persuasive and strong to the at-fault party and their insurer, so that you can secure a fair and complete settlement for your losses, injuries and expenses. While there is no guarantee that all cases will settle however, the majority settles during or after the discovery process, which can often be completed before your case reaches trial.

4. Trial

Trials can be arranged in situations when you and the insurance provider disagree about who is at fault or the amount of compensation you are entitled to for your injuries. A trial is an official process where both parties are required to present arguments and evidence before the factfinder, who makes 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 happened during the trial. This will include any supporting evidence, such as photos or videos of the scene or testimony from witnesses, medical professionals, documents like police reports and bills. You may also testify on your memories of the incident and how it impacted your life. Expert witnesses can also testify to back your assertions. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of specific evidence.

The jury will decide during trial if the plaintiff's injury was caused by the defendant's negligent conduct. They will consider proximate cause which is a complex legal concept that lawyers spend countless hours studying in law school. Proximate causes considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury is also required to decide how much compensation you're entitled to. This is a thorny issue, as it depends on how severe your injuries are and the severity of your losses. Your attorney will present evidence including expert testimony regarding the severity of injuries as well as lost income and future earning potential, as well your suffering and impairment.

5. Settlement

Each state has a specific deadline to settle your claim or bring a lawsuit. This is known as the statute of limitations. If your lawyer cannot negotiate a settlement with your insurer, you may have to start a lawsuit in the courtroom. It can be lengthy and expensive, yet it is often necessary to pursue compensation.

During this process the Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents, referred to as motions to ask the court for specific things such as not allowing certain types of evidence in trial. Settlement negotiations can continue during this process. A lot of civil disputes are settled before trial is required.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is strong and you'll be willing to take the case to trial. In addition the settlement process is quicker and less risky for them than a trial.

Before you agree to the settlement, it's important that you fully understand the extent of your injuries and completed all medical treatments. If you accept a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) then you could miss out on additional compensation. You should also not sign a contract before you have spoken with your lawyer about your damages. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will scrutinize your medical records, and other documents, to ensure that you are entitled to all compensation you're entitled to.