The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount you need for your injuries, our hard-working lawyers will draft a formal demand letter. This letter will detail all of your financial losses such as medical costs and lost wages, as in addition to non-economic damages such as discomfort and pain.

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

1. Gathering Evidence

In a lawsuit involving a car accident, Accident Law Firms proving negligence and liability is the most important aspect to obtain 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 including police reports and other official reports.

Photographs of the scene of the accident can assist your attorney in determining what actually transpired in the crash, including the position of both cars after impact, skid marks road debris and other physical evidence. Also, take note of the names and phone numbers of any witnesses who witnessed the incident. It is important to have witnesses who can confirm the events that took place, as it can often be the case that drivers offer contradictory information that can lead to insurance companies denying or refusing liability.

Other evidence forms your lawyer may use include medical records. These could include receipts, bills and diagnosis reports, laboratory results, discharge instructions, and other documents that show the extent of your injuries. You should obtain these records as quickly as you can, and also provide copies to your healthcare providers.

A deposition is another form of evidence your lawyer might utilize. It's an out-of court testimony under oath. It is then translated by a court reporter. Your lawyer could utilize the testimony to prove the fact that your injuries had a direct and foreseeable connection to the accident which can help justify the compensation you deserve for your damages. While most of the above-mentioned kinds of evidence can be collected at the scene of the accident or shortly thereafter but some of the evidence might not be available until later in the litigation process. It is crucial to contact a car accident lawyer with the appropriate credentials immediately so that they can begin an investigation while the evidence is in its purest form.

2. Making a complaint

After the dust has settled and you have tended to your injuries, it's the time to seek out legal counsel from an expert. A lawyer for car accidents can provide you with the expertise to maximize your compensation.

The first step is filing a complaint with the court. This will outline your specific claims and the amount of money you'd like to recover in damages. This form is usually prepared by an attorney and then filed in court. It is also served to the defendant.

The discovery phase begins, allowing both parties to exchange information about their claims and defenses. The process can take a long time, and both teams will have to look over a variety of documents, including police reports and witness statements. They might also need to review medical documents, bills, and other documents. Both sides can request interrogatories. They are a set of questions that the other side has to answer under oath within the timeframe specified.

During this stage, you lawyer will also collaborate with doctors to gather an accurate picture of your injuries and Accident law Firms the impact that they've had on your life. Your attorney will calculate your total damages. This will include past and upcoming medical expenses and lost wages, as well as the pain and suffering of others, and many more.

Sometimes, your lawyer could be able to reach an agreement with the responsible driver's insurance company. This is more likely after discovery and prior to trial. If the insurance company refuses an acceptable settlement, or if the damages are substantial and not covered by insurance, then you could have to go to trial. A judge or jury will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident in which your attorney and the negligent driver's insurance company exchange information that could help or hurt your claim. Your attorney will request copies of documents that support your case. This includes police reports medical bills, as well as work loss documents from your employer (showing the length of time you were absent 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 written discovery tools, such as interrogatories request for production, interrogatories and requests for admissions to interview witnesses and other parties that are not present in the case.

These tools for discovery in writing are exchanged back and forth between the attorneys from both sides. Written discovery tools allow the other side an opportunity to answer questions in writing which must be answered under oath. They also ask you to provide copies or other information that might be helpful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone with information about the damages or injuries you sustained that could be essential to your case. During a deposition, the lawyer representing the person at fault will ask you questions and your responses could be recorded on video by an official court reporter or recorded.

The purpose of these pre-trial investigation procedures is to allow your lawyer to create an argument that is convincing and persuasive to the at-fault party and their insurer in order that you are able to secure a fair and complete settlement for your losses, injuries and expenses. Although there is no guarantee that all cases settle however, the majority settles at the end of or following the discovery process, which is often be completed before your trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations however, if you and your insurance company aren't in agreement on the cause or the amount of compensation you should receive for your injuries, your case may be heard in a trial. A trial is a formal process in which both sides present arguments and evidence to a factfinder, who renders a verdict that resolves the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will provide your version of the events in your opening statements to the jury, along with any supporting evidence you have, such as photos or video of the accident scene, witness testimony from people who witnessed the accident Law firms and medical professionals, as well as documents like police reports and medical bills. You can also provide testimony regarding your recollection of the incident and how it had an impact on your life. Expert witnesses can also testify to support your assertions. The defendant's lawyer can cross-examine the witnesses and object to the admissibility or validity of certain evidence.

The jury will decide during trial whether the plaintiff's harm was caused by the defendant's reckless behavior. They will be examining proximate causes, a complicated legal concept that lawyers will spend many hours studying in law school. Proximate cause examines how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. This is a thorny issue, as it depends on the severity of your injuries and the extent of your losses. Your lawyer will present evidence which includes expert witness testimony on the severity of your injuries, the loss of income, as well as future earnings potential and your pain and suffering, disfigurement, and impairment.

5. Settlement

Every state has a deadline to settle your claim, or even file a lawsuit. This is known as the statute of limitations. If your lawyer is not able to reach a settlement with the insurer, you could be required to bring a lawsuit to court. This can be time consuming and expensive, yet it is usually 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 procedure where each side exchanges information with each other). Your lawyer will also file legal documents called motions to request the court for specific things such as excluding certain types of evidence during trial. Settlement negotiations can continue throughout the process, and a lot of civil disputes arising from car accidents end before a trial is required to be held.

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

It is important to fully comprehend the extent of your injuries prior to agreeing to a settlement. You must also have completed all medical treatment. If you sign a settlement before your doctor has determined you have reached your maximum medical improvement (MMI) then you could not receive additional compensation. Additionally, you should not sign an agreement until you have spoken with your lawyer and gained an accurate understanding of your damages. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will go through your medical records, and other documents, to ensure that you receive all the damages you are entitled to.