The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal letter of demand if the insurance company refuses to provide you with the amount you need for your injuries. This will list all your financial losses, such as medical bills and lost wages, as well as non-economic damages like pain and suffering.

A jury or judge will then make a ruling. If they make a decision to your advantage, you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving an accident in a car, proving negligence is vital to receiving compensation for your injuries. Gathering evidence is one of the initial steps in the litigation process, and it involves gathering documents such as photographs, witness testimony as well as official reports, such as police reports.

Your lawyer may be able to determine what transpired in the accident by taking photos of the scene, including skid marks or road debris, as well as other physical evidence. Note down the names and contact information of any witnesses who were present to witness the events. It is crucial that witnesses corroborate the events that took place, since it can often happen that drivers give contradictory information that can lead to insurance companies denying or refusing liability.

Other types of evidence your lawyer might use include medical records, which can include bills, receipts, diagnosis reports, lab results, discharge guidelines, and other documents that show the extent of your injuries. It is important to obtain these records as soon as you can and be sure to send copies to your medical professionals.

Depositions are another form of evidence your lawyer could utilize. It's an out-of court testimony under oath, which is then transcribed by a Court Reporter. Your lawyer may utilize this testimony to prove that your injuries had an obvious, predicable connection to the accident. This helps to justify the need for compensation. The majority of the evidence listed above can be gathered at the site of the accident or shortly afterwards but some of it may not be available until later in the legal process. It's crucial to speak with a lawyer for car accidents with the appropriate credentials immediately so that they can begin an investigation while the evidence is in its most pure form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal advice from an expert. A car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with court, which outlines the specific claims you're making and the amount of money you are seeking in damages. This type of document is typically drafted by an attorney and filed in the court. It is also served to the defendant.

The discovery phase begins with both parties able to exchange information regarding their claims and defenses. The process can be long and requires both sides to examine a variety of documents, including police reports and witness statements, medical records, accident lawyer bills and much more. Both sides can request interrogatories. They are a set of questions that the other side has to answer under oath in an agreed upon timeframe.

Throughout this stage your lawyer will work with doctors to ensure they have a complete picture of the severity of your injuries as well as the impact they have had on your daily life. Your lawyer will then estimate your total damages that will include the past and future medical costs as well as lost earnings, suffering and pain and much more.

Your lawyer could be able to reach a settlement deal with the insurance company of the driver at the fault. This is more likely to occur following discovery and prior to trial. If the insurance company refuses an acceptable settlement, or if your losses are significant and are not covered by insurance, then you could have to go to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and the negligent insurer of the driver share information that could either support or damage your claim. Your attorney will ask for copies of the documents supporting your case, such as police reports, medical bills or work-related loss records (e.g. the records from your employer showing how long you missed work because of the akron accident law firm), photographs of your vehicle and any injuries or damages or other pertinent financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to inquire into parties and witnesses who are not present.

These tools for discovery are used to exchange information between attorneys on both sides. The written discovery tools give the opposing side an opportunity to respond to questions in writing which must be answered under oath and to provide copies of other information which could be helpful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone with information about the damages or injuries you sustained that could be important to your case. During a deposition attorney representing the at-fault party will ask you a series of questions, and your responses will be recorded on video, or transcribed by a court reporter.

The pretrial investigation process is designed to assist your lawyer build a compelling argument against the person at fault and their insurance company in order to obtain an equitable settlement for all your injuries, expenses and losses. While there is no guarantee that all cases settle however, the majority of cases settle at the end of or following the discovery process, which is often be completed before the trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations however, if you and your insurance company disagree about fault or the amount you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder who makes a decision that settles the issue. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any supporting evidence like photos or videos of the scene as well as testimony from witnesses and medical professionals, documents like police reports and bills. You can also give your testimony regarding your recollection of the incident and how it has affected your life. Expert witnesses will also provide testimony to support your assertions. The defendant's lawyer can cross-examine the witnesses and object to admissibility of some evidence.

The jury will determine at trial whether the plaintiff's harm was the result of the defendant's negligent behavior. They will look at proximate cause which is a complex legal concept that lawyers have to spend many hours studying during law school. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you should receive. This is a complicated issue due to the severity of your injuries and the severity of your losses. Your attorney will present evidence including expert testimony about the severity of injuries, lost income and future earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Every state has a deadline to resolve your claim or file an action. This is known as the statute of limitations. If your lawyer is not able to reach a settlement with the insurer, you might have to start a lawsuit in the courtroom. It can be costly and time-consuming, but it is often required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal procedure where each side exchanges information with one another). Your lawyer will also file legal documents called motions asking the court for specific things such as excluding certain types of evidence at trial. Settlement negotiations can be ongoing during this process. Many car accident civil disputes are resolved before a trial is necessary.

If they feel that your injury claim is solid and that you are willing to go to trial, insurance companies will make an appropriate settlement offer. Additionally settlement is quicker and less risky than a trial.

Before settling an agreement, it's important to understand the extent of your injuries. You must also have completed all medical treatments. If you agree to a settlement before your doctor has determined that you have reached maximum medical improvement (MMI) it is possible to not receive additional compensation. You should also not sign a release until you have had a conversation with your lawyer and have full understanding of your losses. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will carefully examine your medical records as well as other documents to ensure that you receive the total amount of damages for which you are eligible.