The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount you need to cover your injuries, our determined attorneys will prepare a formal demand letter. This letter will provide a detailed description of your financial losses like medical expenses and lost wages as well as non-economic damages like discomfort and pain.

A jury or judge will then make a decision. If they rule in your favor, they will be able to award you damages, and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in a car it is essential to prove negligence to receive compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident can aid your lawyer in determining what actually transpired during the crash, including the position of both cars following the impact, skid marks, road debris and other physical evidence. Also, accident note the names and contact details of any witnesses who were present at what happened. Witnesses who testify to corroborate your account of what happened is crucial as it could be common for drivers to have contradictory reports of what happened, which can lead to insurance companies refusing to accept the claim or even denying responsibility altogether.

Medical records can also be used by your lawyer to prove the severity of your injuries. These records could include receipts, bills laboratory results, diagnosis reports, discharge directions and other forms of documentation. You should seek these records as soon as you can and give copies to your medical professionals.

A deposition is yet another type of evidence your lawyer could make use of. It is an out-of court statement made under oath, and then recorded by a Court Reporter. Your lawyer could utilize the testimony to prove the fact that your injuries had an immediate and clear connection to the accident, which helps justify requesting the compensation you deserve for your damages. The majority of the evidence mentioned above is available at the site of the accident or within a short time, but some may not be available until later in the litigation. It's important to contact a car accident lawyer with the right credentials immediately so they can begin an investigation as evidence is in its most natural form.

2. Making a Complaint

Once the dust has sunk and you've taken care of your injuries, it's the time to seek professional legal advice. A lawyer who has handled car accidents can provide you with the expertise to maximize your compensation.

The first step is filing an application with the court. The complaint will detail your specific claims as well as the amount you want to recover in damages. The complaint is typically written by your attorney and filed with the court, and then served to the defendant.

The discovery phase starts and allows both parties to exchange information about their defenses and claims. The process can take a long time and both teams will require a thorough review of documents, including police reports and witness statements. They might also have to review medical records, bills, and other documents. Each side may request interrogatories. They are a set of questions that the other side has to answer under oath in the timeframe specified.

Throughout this process the lawyer will collaborate with doctors to ensure they have a complete picture of the severity of your injuries and the impact they've affected your daily routine. Your lawyer will determine the total damages. This will include any future medical expenses including lost wages, suffering and pain, and much more.

Sometimes, your lawyer might be able to reach an agreement with the at-fault driver's insurance company. It is likely to occur after the completion of discovery, but before trial. However, if the insurance company refuses to offer a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, your case may move forward to trial. A judge or jury will make a decision in the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident attorneys lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that may aid or hinder your claim. Your attorney will ask for copies of the documents that support your case, such as police reports, medical bills as well as work loss records (e.g. documents from your employer indicating how long you missed work because of the accident) photos of your vehicle and any damages or injuries or other pertinent financial information. Your attorney will also make use of written discovery tools like interrogatories and requests for production, as well as requests for admissions in order to question witnesses and other parties that are not in the case.

These tools for discovery are exchanged between attorneys from both sides. The written discovery tools give the opposing side a chance to answer questions in writing, which must be answered under oath. It also allows you to provide copies or other information which could be useful to you.

Your Long Island car accident lawyer will also take depositions of witnesses to the collision and anyone with information on your injuries or damages that could be pertinent to your case. During a deposition lawyer for the person who is at fault will ask you a series of questions, and your answers will be recorded on video, or transcribed by a court reporter.

These pre-trial investigation procedures are designed to help your lawyer create a compelling case against the at-fault person and their insurance company in order to secure an equitable settlement for all of your injuries, expenses and losses. While there is no guarantee that every case will settle however, the majority of cases settle at the end of or following the discovery process, which can be completed before your case reaches trial.

4. Trial

The majority of car accidents are resolved through informal negotiations, if you and the insurance company do not agree on who is at fault or the amount you should receive for your injuries, your case may go to trial. A trial is a formal process in which both parties are required to argue their case and provide evidence before a factfinder who makes a decision to resolve the dispute. In personal injury cases the factfinder is typically a jury.

During the trial, your lawyer will give your account of the events in opening statements to the jury and any supporting evidence you may have, such as images or videos of the accident attorney scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents like medical bills and police reports. You can also testify regarding your memories of the incident, and how it impacted your life. Expert witnesses can also testify to back your assertions. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

The jury will decide during trial whether the plaintiff's harm was caused by the defendant's reckless behavior. They will consider proximate cause which is a tangled legal concept that lawyers will spend many hours studying during law school. Proximate cause looks at the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. This is a more complicated matter due to the severity of your injuries and the severity of your losses. Your attorney will provide evidence including expert testimony regarding the severity of your injuries loss of income, future earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Each state has a deadline by which you can settle your claim or bring a lawsuit. This is referred to as the statutes of limitations. If your lawyer cannot negotiate a settlement with the insurance company, you may be required to bring a lawsuit to court. It can be time-consuming and expensive, but it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal process where each side exchanges information with the other). Your lawyer will also file legal documents, known as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can continue throughout this process, and most car accident civil disputes end before a trial has to be held.

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

It is vital to fully comprehend the extent of your injuries prior to agreeing to the settlement. You must also have completed all medical treatment. If you accept a settlement before your doctor determines that you have reached your maximum medical improvement (MMI), you could not receive additional compensation. Also, you should not sign an agreement until you have talked to your lawyer and had full understanding of your damages. Your attorney will ensure that you do not be denied compensation that is valuable. They will carefully examine your medical records and other documentation to ensure that you receive the entire amount of damages to which you are entitled.