The First Steps in Car accident law firms Litigation

Our tenacious lawyers will prepare an official demand letter if the insurance company is unable to pay the amount you need for your injuries. This letter will provide a detailed description of your economic losses like medical expenses and lost wages as and non-economic losses like pain and discomfort.

A jury or judge will then take a call. If they decide in your favor, they will give you damages and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident attorneys lawsuit the proof of negligence and liability is key to obtaining compensation for your losses and injuries. The gathering of evidence is one of the first steps of the litigation process, and it involves collecting documents witnesses' testimony, photographs, and official reports, such as police reports.

Photographs of the scene of the accident may help your attorney establish what actually transpired during the crash, including the position of both cars after impact, skid marks, road debris and other physical evidence. Also, keep track of the names and contact information of any eyewitnesses who saw the incident. It is crucial that witnesses to verify the events that were actually happening, as it may often happen that drivers offer contradictory accounts that lead to insurance companies denying or refusing liability.

Medical records can also be utilized by your lawyer to prove the extent of your injury. These records could include receipts, bills as well as lab results, diagnosis reports, discharge directions and other documentation. You should seek these records as soon as possible and ensure that you provide copies to your healthcare professionals.

Depositions are another form of evidence your lawyer may employ. This is an out-of court testimony given under oath. It is then transcribed by a Court Reporter. Your lawyer can use the testimony to establish the fact that your injuries had an immediate and predicable connection to the accident, which helps justify requesting compensation for your injuries. Most of the evidence discussed above can be collected at the site of the crash or shortly after however, some might not be available until much later in the legal process. This is the reason it's essential to consult a highly-credentialed lawyer for car accidents as soon as you can so that they can begin an investigation while vital evidence is still in its purest form.

2. Making a complaint

Once the dust has settled and you've treated your injuries, it's the time to seek expert legal advice. An attorney for car accidents can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is to file a complaint in court, which details the specific claims you have filed and the amount of money you are seeking in damages. This form is usually prepared by an attorney, and filed in the court. It will also be served on the defendant.

The discovery phase starts with both parties able to share information regarding their defenses and claims. The process can take a considerable duration and both teams will need to review a lot of documents like police reports and witness statements. They might also need to examine medical documents as well as bills and other documents. Each side may require interrogatories. These are a set of questions the other party must answer under oath by a predetermined timeframe.

Throughout this stage, your lawyer will also work with doctors to ensure that they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your lawyer will determine your total damages. This will include future and past medical expenses, lost wages, pain and suffering 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 after discovery and prior to trial. If the insurance company refuses an equitable settlement, or if your damages are important and not covered by insurance, then you could be required to appear in court. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident the attorney representing you and the negligent driver's insurance company exchange information that could aid or hinder your claim. Your attorney will request copies of the documents supporting your case, including police reports, medical bills, work loss records (e.g., from your employer that outlines how long you missed work due to the accident), photographs of your car and any injuries or damage and other financial information. Your attorney will also use written discovery tools, such as interrogatories request for production, interrogatories and request 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 for both sides. They give the opposing party the chance to respond to questions in writing, which need to be answered under oath and to supply copies of specific documents or other information that could be useful to your case.

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

The goal of these pre-trial investigation procedures is to enable your lawyer to present an argument that is persuasive and strong to the at-fault party and their insurance company so that you can secure an equitable 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 concluded prior to the trial.

4. Trial

Trials are possible in cases when you and the insurance provider disagree about who is at fault or the amount of compensation you should receive for your injuries. A trial is a formal proceeding where both sides present arguments and evidence to a factfinder who makes a decision that settles the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the accident scene, testimony from witnesses and medical professionals, documents like police reports and bills. You can also testify regarding your personal memories of the incident and how it affected your life. Expert witnesses can also give evidence to back up your claims. The attorney representing the defendant may interrogate witnesses and contest the admissibility of certain evidence.

The jury will decide during trial if the plaintiff's injury was caused by the defendant's negligent behavior. They will consider proximate cause an intricate legal concept that lawyers have to spend many hours studying in law school. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. This is a more complicated matter because it is contingent on how severe your injuries are and the severity of your losses. Your attorney will present evidence including expert testimony regarding the severity of your injuries, lost income and future earning potential, in addition to your suffering and impairment.

5. Settlement

Each state sets a legal deadline, commonly referred to as the statute of limitations, by which you must settle your claim or make a claim. If your lawyer cannot negotiate a settlement with the insurance company, you may be required to file a lawsuit in court. It is costly and time-consuming. However, it is often required to seek compensation.

During this process, your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and attend hearings. Your lawyer will also file legal documents, referred to as motions to ask the court for lawyers specific things such as excluding certain types of evidence during trial. Settlement negotiations can continue throughout this process. Many car accident civil disputes are resolved prior to a trial.

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

Before settling an agreement, it is crucial to fully comprehend the severity of your injuries and that you have completed all medical treatments. You may not receive additional compensation if settling a settlement until your doctor has concluded that you have reached the point of maximum improvement. You should also not sign an agreement until you have met with your lawyer and had an accurate understanding of your damages. Your lawyer will ensure you don't lose out on the valuable compensation. They will carefully examine your medical records and other documents to make sure that you receive the entire amount of damages for which you are entitled.