The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if the insurance company is unable to pay the amount you need to cover your injuries. The letter will list all of your financial damages such as medical expenses, lost wages, as also non-economic damages like pain and discomfort.

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

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is essential to receive compensation for your losses and 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.

Your attorney may be able to establish what transpired in the accident by taking photographs of the scene, which include skid marks or road debris, as well as other physical evidence. Take down the names and phone numbers of any witnesses who witnessed what happened. Witnesses that testify to support your version of events is important especially as it can be common for drivers to give contradicting versions of what transpired, which can lead to insurance companies refusing to accept the claim, or even deny responsibility completely.

Other types of evidence your lawyer could use include medical records. These could include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other evidence that demonstrates the extent of your injuries. You should get these records as quickly as you can, and also provide copies to your healthcare professionals.

Another type of evidence your attorney might use is a deposition, which is out-of-court testimony given under oath and transcribed by a court reporter. Your lawyer may use the testimony to establish that your injuries have an immediate and obvious connection to the accident law firm which can help justify compensation for your damages. The majority of the evidence listed above can be gathered at the scene of the crash or shortly after, but some may not be available until later in the litigation. This is why it's crucial to talk to a reputable lawyer for car accidents as soon as possible, so that they can begin the investigation while vital evidence is still in its most pure form.

2. Filing a Complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal guidance from an expert. An attorney who has handled car accidents can provide the expertise needed to ensure that you receive maximum compensation for your claim.

The first step is to file an application with the court. This will outline your specific claims and the amount you want to recover in damages. This form is usually prepared by an attorney and then filed in court. It is also served on the defendant.

The discovery phase begins by allowing both parties to exchange information regarding their claims and defenses. The process can take a long time and both teams will need to review a lot of documents like police reports and witness statements. They may also have to review medical records and bills as well as other documents. Each side can demand interrogatories. They are a series of questions that each party must answer under oath by a predetermined timeframe.

Throughout this stage your lawyer will collaborate with medical professionals to ensure they have a complete picture of the severity of your injuries as well as the impact they've had on your daily life. Your attorney will then calculate the total damages you have suffered, which will include the future and past medical expenses loss of earnings, suffering and pain, and more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver who is at fault. This is likely to take place after the completion of the discovery process and prior to trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've suffered significant losses that aren't covered by the insurance policy, the case may go to trial. A jury or judge will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident, where your attorney and the insurance company exchange information that may assist or derail your claim. Your attorney will request documents that can support your case, including police reports, medical bills or work-related loss records (e.g. documents from your employer indicating the amount of time you were absent from work because of the accident) photographs of your vehicle and any injuries or damage and other financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to question parties and witnesses who are not present.

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

Your Long Island car accident lawyer will also be able to depose witnesses to the collision and anyone with information on your injuries or damage that could be crucial to your case. During a deposition the lawyer of the at-fault person will ask you questions and your answers will be recorded on video by a court reporter or transcribing.

The goal of these pretrial investigation processes is to assist your lawyer to present an effective and convincing argument against the at-fault party as well as their insurer so that you can get an adequate and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases settle, the majority do either during or after the discovery process, which can often be completed prior to the time your case reaches trial.

4. Trial

Although the majority of car accident lawsuits cases settle through out-of-court negotiations, if you and the insurance company aren't in agreement on the cause or the amount of compensation you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder, who renders a verdict that settles the issue. 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 together with any evidence you have, including photographs or videos of the accident scene, witness testimony from witnesses and medical professionals, as well as documents such as medical bills and police reports. You can also offer testimony regarding your memory of the incident and how it has impacted your life. Expert witnesses can also provide evidence to support your claims. The lawyer of the defendant may cross-examine witnesses and challenge to the admissibility of evidence.

The jury will decide at trial if the plaintiff's injury was the result of the defendant's negligent conduct. They will look at proximate cause which is a tangled legal concept that lawyers spend countless hours studying in law school. Proximate causes focuses on the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. This is another complicated issue, as it depends on how severe your injuries are and the severity of your losses. Your lawyer will present evidence which includes expert testimony regarding the severity of injuries that resulted in loss of income and earning potential, as well your pain and suffering and impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations, in which you must settle your claim or make a claim. If your lawyer is not capable of negotiating a fair settlement with the insurance company, then you might require filing a car Accident Law Firms lawsuit in court. It can be expensive and time-consuming. However, it is often necessary to get compensation.

During this procedure you and Accident law firms your Long Island personal injury lawyer will be involved in discovery (a formal process in which each party exchanges information with the other side) and also attend hearings. Your attorney will also prepare legal documents, also known as motions, which ask the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are resolved before a trial is necessary.

If they believe that your claim is legitimate and you are willing to go to trial insurance companies will make an acceptable settlement offer. Settlements are faster and less risky compared to a court trial.

It is vital to understand your injuries before you agree to an agreement. You must also have completed all medical treatment. It is possible to lose additional compensation if settling an offer of settlement until your doctor has confirmed that you have achieved the maximum level of improvement in your medical condition. Don't sign the release until you've talked to your lawyer and received an understanding of all losses. Your lawyer will ensure you don't lose out on the valuable compensation. They will carefully examine your medical records and other documents to ensure that you receive the total amount of damages for which you are entitled.