The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter in the event that the insurance company refuses to pay the amount you need for your injuries. The letter will outline all of your financial damages such as medical expenses and lost wages as in addition to non-economic damages such as discomfort and pain.

Then a jury or judge will make a decision. If they decide in your favor they will give you damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving liability and negligence is crucial to get compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports, like police reports and other official reports.

Your lawyer may be able to determine what happened during the accident by taking photographs of the scene, including skid marks, road debris and other physical evidence. Note down the names and contact information of any eyewitnesses that witnessed what transpired. Having witnesses testify that corroborate your version of the events is essential especially as it can be common for drivers to have conflicting accounts of what happened that causes insurance companies to refuse to accept the claim, or even deny any responsibility at all.

Medical records can also be used by your lawyer to prove the extent of your injury. These records could include bills, receipts and lab results, diagnose reports, discharge instructions and other documentation. You should obtain these documents as soon as is possible and be sure to provide copies to your healthcare providers.

Depositions are another form of evidence your lawyer may utilize. It's an out-of court testimony given under oath, and then transcribed by a Court Reporter. Your lawyer could use this testimony to establish your injuries were a clear, identifiable connection to the accident. This will help justify seeking compensation. The majority of the evidence listed above is available at the site of the accident or within a short time however, some might not be available until later in the legal process. This is why it's crucial to speak with a well-credentialed car accident lawyer as quickly as you can, so they can begin investigating while the crucial evidence is in its most pure form.

2. The process of filing a complaint

Once the dust has sunk and you've treated your injuries, it's the time to seek expert legal advice. A lawyer who has handled car accidents can give you the experience to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims you have filed and the amount you're seeking in damages. This document is usually drafted by an attorney and then filed in court. It will also be served to the defendant.

The discovery phase starts and allows both parties to share information about their defenses and claims. The process can take a considerable time, and both teams will have to look over a variety of documents like police reports and witness statements. They may also have to review medical documents and bills as well as other documents. Each side can request interrogatories, which are a set of questions which the other party must answer under oath, within a specific timeframe.

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

Your lawyer might be able to negotiate a settlement with the insurance company of the driver who is at the fault. This is more likely after discovery and before the trial. If the insurance company refuses a fair settlement or if the damage is important and not covered by insurance, then you might be required to go to trial. A jury or Accident attorneys judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial step in any car accident case. This is the time when your attorney and the negligent insurer for the driver exchange information that could help or damage your claim. Your attorney will ask for documents that can support your case, such as medical bills, police reports, work loss records (e.g. an email from your employer indicating how much time you missed work because of the accident) photos of your vehicle, any damages or injuries as well as other financial information. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to ask questions of witnesses and other parties who are not present.

The written discovery tools are exchanged back and forth between the attorneys for both sides. They give the opposing side a chance to respond to questions in writing, which must be sworn to under oath, and to provide copies of certain documents or other information which could be beneficial to your case.

Your Long Island car accident lawyer will also depose witnesses to the accident as well as anyone with information regarding your injuries or damages that could be relevant to your case. During a deposition, the lawyer of the at-fault person will ask you questions and your answers are recorded on video by an official court reporter or recorded.

The purpose of these pretrial investigation processes is to help your lawyer to build an argument that is persuasive and strong to the party at fault and their insurer so that you can receive an adequate and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case but the majority of them do so during or after the investigation process, which is often completed prior to the trial.

4. Trial

Trials are a possibility in situations when you and the insurance company disagree on the source of your fault or the amount you are entitled to for your injuries. A trial is a formal process where both parties are required to argue their case and provide evidence before an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the Accident Attorneys scene as well as testimony from witnesses and medical professionals, and documents such as police reports and bills. You may also testify about your memory of the incident and how it affected your life. Expert witnesses can also give evidence to back up your assertions. The lawyer for the defendant can cross-examine witnesses and object to the admissibility or validity of certain evidence.

At trial, jurors must determine if the plaintiff's injuries were the result of the defendant's negligence. They will consider the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you're entitled to. This is a 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 about the severity of your injuries, the loss of income, and future earnings potential as well as your suffering and pain disfigurement, impairment, and.

5. Settlement

Each state has a specific legal deadline, referred to as the statute of limitations by which you must settle your claim or start a lawsuit. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you might have to file a car accident lawsuit in the court. It is costly and time-consuming, but this is usually required to obtain compensation.

During this procedure, your Long Island personal injury lawyer will be involved 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 that ask the court for Accident attorneys things like the exclusion of certain types of evidence in trial. Settlement negotiations can continue throughout this process. A lot of car accident civil disputes are settled before a trial is needed.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is strong and that you will be willing to take the case to trial. Settlement is faster and less risky compared to a court trial.

Before you agree to an agreement, it is important to understand the severity of your injuries and have completed all medical treatment. If you accept a settlement before your doctor has determined you have reached your maximum medical improvement (MMI) then you could not receive additional compensation. Also, you should not sign a release before you have spoken to your lawyer about your injuries. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will go through your medical records and other documents to ensure that you receive all of the damages you are entitled to.