The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official letter of demand firms if the insurance company is unable to pay the amount you're entitled to for your injuries. It will detail all your economic damages like medical bills and lost wages, and other damages that are not economic, like pain and suffering.

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

1. Gathering Evidence

In a lawsuit for a car accident, proving liability and negligence is the most important aspect to obtain compensation for your losses and injuries. Gathering evidence is among the first steps of the litigation process. it requires gathering documents such as photographs, witness testimony as well as official reports such as police reports.

Photographs of the scene of the accident might help your attorney establish what actually transpired in the crash, including the position of both cars following the collision, skid marks, road debris and other physical evidence. Note down the names and contact numbers of any eyewitnesses that witnessed what happened. It is important to have witnesses to verify the events that were actually happening, as it may often be the case that drivers give contradictory information that can lead to insurance companies refusing or denying liability.

Medical records can also be used by your lawyer in order to prove the extent of your injury. These documents could include bills, receipts laboratory results, diagnosis reports, discharge directions and other documents. It is important to obtain these records as quickly as you can, and also provide copies to your healthcare providers.

Depositions are another form of evidence that your attorney could employ. This is an out-of the court testimony that is under oath, which is then transcribing by a Court Reporter. The lawyer can use the testimony to prove that your injuries had an immediate and obvious connection to the crash, which helps justify requesting compensation for your losses. Most of the evidence discussed above is available at the site of the crash or shortly after but some of it may not be available until later in the litigation. This is the reason it's essential to consult a highly-credentialed lawyer for car accidents as soon as possible so that they can begin investigating as evidence is in its most pure form.

2. Making a Complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal guidance from an expert. A lawyer for car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint with the court, describing the specific claims that you have filed and the amount of money you're seeking in damages. The document is usually drafted by your lawyer and filed with the court and served on the defendant.

This also triggers the discovery phase which allows both parties to exchange information and evidence pertaining to their claims and defenses. The process can be lengthy and requires both sides to go through a myriad of documents including police reports as well as witness statements, medical records, bills and much more. Each side can request interrogatories, which are a set of questions the other party must answer under oath, within a specific deadline.

In this phase, your lawyer will also collaborate with doctors to get the full picture of your injuries as well as the impact that they've caused on your life. Your lawyer will estimate your total damages. This will include future and past medical expenses, lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer might be able to reach an agreement with the at fault driver's insurance company. This will most likely occur following the conclusion of discovery, but before trial. However, if the insurance company is unable to provide a fair settlement or if you have incurred significant damage that is not covered by the insurance policy, your case may go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial step in any car accident case. This is where your attorney and the negligent insurer for the driver exchange information that could help or damage your claim. Your attorney will request copies of the documents that support your case, such as police reports, medical bills or work-related loss records (e.g., from your employer that outlines the amount of time you were absent from work because of the accident), photographs of your vehicle, any damages or injuries, and other relevant financial information. Your attorney will also use documents for discovery in writing, such as interrogatories or requests for production as well as requests for admissions to interview witnesses and other parties that are not part of the case.

These tools for writing discovery are exchanged between attorneys from both sides. They give the opposing party a chance to respond to questions in writing, which need to be answered under oath and to supply copies of certain documents or other information that could be useful to your case.

Your Long Island car accident attorney will also question witnesses and anyone who has information about your injuries or damages that could be crucial 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 a court reporter or transcribed.

The pretrial investigation process is designed to help your lawyer develop a convincing argument against the person at fault and their insurer in order to obtain an equitable settlement for all your injuries and losses, costs and expenses. There is no assurance of a settlement in every case but the majority of them do so during or after the investigation process, which is often completed before the trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations If you and the insurance company aren't in agreement on the cause or the amount of compensation you should receive for your injuries, the case may go to trial. A trial is a formal proceeding where both parties present their arguments and evidence to an impartial factfinder who takes 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 account of the events during the trial. This will include any supporting evidence like photos or videos of the scene or testimony from witnesses, medical professionals, documents like police reports and bills. You may also offer your testimony regarding your memories of the incident and how it had an impact on your life. Expert witnesses can also give evidence to back up your assertions. The lawyer of the defendant may cross-examine witnesses and challenge to the admissibility of evidence.

In a trial, the jury will decide if the plaintiff's injuries were caused by the defendant's negligence. They will be looking at proximate causes, a complex legal concept that law students spend hours studying. Proximate cause examines the relationship between the actions of the defendant and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. This is a more complicated matter, firms as it depends on the severity of your injuries and the severity of your losses. Your lawyer will present evidence that includes expert testimony from a witness regarding the severity of your injuries, your lost income, as well as future earnings potential and your suffering and pain, disfigurement, and impairment.

5. Settlement

Every state has a deadline to settle your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you could need to file a car accident lawyer lawsuit in court. It is costly and time-consuming, however it is often necessary to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where both sides exchange information with one another). Your lawyer will also make legal filings, also known as motions, asking the court to do things such as excluding certain types evidence from trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are resolved prior to a trial.

If they believe that your claim is solid and firms that you are willing to go to trial, insurance companies will make an acceptable settlement offer. Settlements are more efficient and less risky than an in-court trial.

It is crucial to fully comprehend your injuries before you agree to the settlement. You should also have completed all medical treatment. It is possible to lose additional compensation if you accept the settlement until your physician has confirmed that you have achieved the maximum medical improvement. Don't sign a contract before you have consulted with your lawyer about your damages. Your attorney will ensure that you don't be denied compensation that is valuable. They will scrutinize your medical records, and other documentation to ensure that you are entitled to all the damages you are entitled to.