The First Steps in Car Accident Litigation

Our determined lawyers will draft an official letter of demand if the insurance company refuses to pay you the amount you're entitled to for your injuries. This will include all of your economic damages like medical bills and lost wages, and non-economic damages, such as suffering and pain.

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 must pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident lawyer might aid your lawyer in determining what actually happened in the accident, including the position of both cars following the impact, skid marks road debris and other physical evidence. Also, note the names and contact information of any eyewitnesses who witnessed what transpired. It is crucial that witnesses to verify the events that occurred, as it can often be the case that drivers give contradictory information that can lead to insurance companies denying or refusing the responsibility.

Medical records can also be utilized by your lawyer in order to prove the severity of your injuries. They could include receipts, bills laboratory results, diagnosis reports, discharge guidelines and other documentation. You should get these records as quickly as you can and give copies to your healthcare providers.

Another form of evidence your attorney might employ is a deposition which is out-of-court testimony given under oath, and then transcribed by a court reporter. Your lawyer could make use of this testimony to prove your injuries had a direct, foreseeable link to the accident. This can be used to justify seeking compensation. While most of the above-mentioned kinds of evidence can be taken at the scene of the accident law firms or shortly thereafter however, some evidence may not be accessible until later in the litigation process. It's crucial to speak with an attorney in the case of a car crash with the appropriate credentials immediately so that they can begin an inquiry while the evidence is in its purest form.

2. Filing a Complaint

When the dust has cleared and you have tended to your injuries, it's time to seek professional 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 with court, which outlines the specific claims you have filed and the amount you are seeking in damages. The document is usually written by an attorney and then filed in the court. It is also delivered to the defendant.

It also kicks off the discovery phase which allows both sides to exchange information and evidence that is related to their claims and defenses. 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 might also have to look at medical documents and bills as well as other documents. Each side can request interrogatories. These are a series of questions that the other side has to answer under oath within an agreed upon timeframe.

In this phase, your lawyer will also collaborate with your doctor to get the full picture of your injuries as well as the impact they've caused on your life. Your lawyer will then estimate your total damages that will include future and past medical expenses, lost earnings, suffering and pain, 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 occur following discovery and prior to trial. If the insurance company does not agree to a fair settlement or if the damages are important and not covered by insurance, then you could have to go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit the attorney representing you and the negligent driver's insurance company exchange information that could support or damage your claim. Your attorney will ask for copies of documents to support your case. These documents include police reports as well as medical bills and work loss records from your employer (showing the length of time you were absent due to the accident) photographs of your vehicle damaged or injured, and other financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to ask questions of parties and witnesses who are not present.

These tools for writing discovery are exchanged between attorneys from both sides. They provide the opposing party the chance to respond to questions in writing, which have to be answered under oath and to provide copies of specific documents or other information that could be helpful to your case.

Your Long Island car accident attorney will also depose witnesses and anyone who has information about your injuries or damages that could be crucial to your case. During a deposition, the lawyer for the person who is at fault will ask you several questions, and your responses will be recorded on video or transcribing by a court reporter.

The goal of these pretrial investigation processes is to help your lawyer to present a strong and compelling case to the at-fault party and their insurance company so that you are able to secure a fair and complete settlement for your injuries, accident law firms losses and expenses. Although there is no guarantee that every case will settle but the majority settle in the course of or following the discovery process, which can often be completed before the trial.

4. Trial

Trials are a possibility in situations when you and the insurance company are not in agreement regarding the fault of the other party or the amount of compensation you are entitled to for your injuries. A trial is an official proceeding 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.

During the trial, your lawyer will explain your story in your opening statements to the jury, together with any evidence you have, including pictures or videos of Accident law Firms scene, witness testimony from bystanders and medical professionals, as well as documents such as medical bills and police reports. You may also testify on your memory of the incident and how it impacted your life. Expert witnesses can also provide evidence to back up your claims. The lawyer for the defendant can cross-examine witnesses and object to the admissibility of evidence.

The jury will decide in the trial whether the plaintiff's harm was caused by the defendant's reckless behavior. They will look at proximate cause an intricate legal concept that lawyers have to spend many hours studying in law school. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. It is also a complicated matter because it is based on the extent of your injuries and the extent to which you have suffered. Your attorney will present your evidence, including expert witness testimony about the severity of your injuries, your lost income and future earnings potential as well as your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state establishes a legal deadline, known as the statute of limitations, where you have to settle your claim or file a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you might be required to file a vehicle accident lawsuit in court. It can be costly and time-consuming, but this is often required to seek compensation.

During this procedure during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and be present at hearings. Your lawyer will also file legal documents referred to as motions that ask the court for certain things, such as excluding certain types of evidence at trial. Settlement negotiations can continue during this process. A majority of car accident civil disputes are settled before trial is required.

If they believe that your claim is solid and that you are willing to go to trial, insurance companies will make an honest settlement offer. Settlement is faster and less risky than a court trial.

It is essential to understand the extent of your injuries prior to agreeing to an agreement. You must also have completed all medical treatment. If you settle before your doctor has determined that you have reached maximum medical improvement (MMI) it is possible to not be eligible for additional compensation. Don't sign a settlement agreement before you have spoken with your lawyer about the damages. Your lawyer will ensure that you do not miss out on valuable compensation. They will carefully review your medical records and other documents to make sure that you get the full amount of damages to that you are eligible.