The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter in the event that the insurance company is unable to pay the amount you require for your injuries. The letter will list all of your financial losses such as medical costs and lost wages as in addition to non-economic damages like discomfort and pain.

Then a jury or judge will make a decision. If they decide in your favor, you will be awarded damages, and the defendant is required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit the proof of negligence and liability is key to obtaining compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports like police reports, and other official reports.

Photographs of the scene of the accident may aid your lawyer in determining what actually transpired during the collision, including the positions of both cars after impact, skid marks, road debris and other evidence that is physical. Also, note the names and contact information of any eyewitnesses who witnessed the incident. It is essential that witnesses to verify the events that occurred, as it can often be the case that drivers provide contradictory statements that result in insurance companies denying or refusing the responsibility.

Medical records can also be utilized by your lawyer to prove the severity of your injury. These documents may include receipts, bills as well as lab results, diagnosis reports, discharge instructions, and other documentation. You should obtain these records as quickly as you can and give copies to your healthcare providers.

A deposition is a different type of evidence that your attorney can utilize. This is an out-of court testimony given under oath. It is then transcribed by a Court Reporter. Your lawyer could use this testimony to establish your injuries had a clear, accident Law Firms identifiable connection to the accident. This is a good argument to support seeking compensation. While the majority of the above kinds of evidence can be collected at the scene of the Accident Law Firms or within a short time after, some of it might not be accessible until later in the litigation process. It's important to contact a lawyer for car accidents with the right credentials immediately to start an investigation while the evidence is in its most pure form.

2. Filing a Complaint

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

The first step is to file a complaint with the court. This document will outline your specific claims and the amount you want to recover in damages. This form is usually prepared by an attorney and filed in the court. It will also be given to the defendant.

This also begins the discovery phase that allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can take a long time and requires both parties to examine a variety of documents, including police reports witnesses' statements, police reports and medical records, as well as bills and more. Each side can request interrogatories. They are a set of questions that the other side has to answer under oath in the specified timeframe.

In this phase your lawyer will work with medical professionals to ensure they have a complete picture of the extent of your injuries and the impact they have had on your daily life. Your lawyer will then estimate your total damages including the past and future medical costs and lost earnings, as well as suffering and pain, and more.

Sometimes, your lawyer might be able to reach an agreement with the at fault driver's insurance company. This is likely to occur following the conclusion of the discovery process and prior to trial. However, if the insurance company is unable to settle the claim in a fair manner or if you've suffered significant losses that aren't covered by the insurance policy, your case could go to trial. A jury or judge will make a decision in the case based on all of the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit in which your attorney and the negligent driver's insurance company exchange information that could aid or hinder your claim. Your attorney will ask for documents that can support your case, including medical bills, police reports, work loss records (e.g. documents from your employer indicating how long you missed work due to the accident) photos of your vehicle, any injuries or damage as well as other financial information. Your attorney will also use documents for discovery in writing, such as interrogatories and requests for production, as well as requests for admissions in order to question witnesses and parties who are not part of the case.

These tools for discovery are exchanged between attorneys on both sides. Written discovery tools allow the opposing side an opportunity to answer questions in writing that must be sworn to under oath, and to provide copies or other information which could be helpful to you.

Your Long Island car accident lawyer will also depose witnesses to the collision and any person who has information about your injuries or damages that could be relevant to your case. During a deposition the lawyer representing the party at fault will ask you questions and your responses are recorded on video by a court reporter or transcribing.

These pretrial investigation procedures are designed to help your lawyer build a compelling case against the responsible party and their insurer in order to get an equitable settlement for all your injuries, expenses and losses. Although there is no guarantee that all cases settle however, the majority settles during or after the discovery process, which can be completed before your case goes to trial.

4. Trial

Trials are possible where you and the insurance company do not agree on fault or the amount you should be awarded for your injuries. A trial is a formal procedure where both sides present arguments and evidence to a factfinder who renders a verdict that settles the issue. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any evidence supporting it like photos or videos of the scene of the accident lawsuits witness testimony, statements from witnesses and medical professionals, or documents like police reports and bills. You can also provide testimony regarding your memories of the incident and how it has had an impact on your life. Expert witnesses are also able to testify in support of your claims. The lawyer for the defendant may interrogate witnesses and contest the admissibility of specific evidence.

At trial, the jury must decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will consider proximate cause which is a complex legal concept that lawyers will spend many 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 is also required to determine how much damages you will be awarded. It's also a complex matter because it is based on the severity of your injuries as well as the extent to which you have suffered. Your attorney will provide evidence including expert testimony regarding the severity of injuries, lost income and future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations, by which you must settle your claim or file a lawsuit. If your lawyer cannot reach a settlement with the insurance company, you may be required to make a court filing. This could be a lengthy process and costly, but it is often required to seek compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and be present at hearings. Your lawyer will also file legal documents known as motions that ask the court to consider the exclusion of certain kinds of evidence in trial. Settlement negotiations may continue throughout this process. Many car accident civil disputes are resolved prior to a trial.

If they believe that your injury claim is valid and you are willing to go to trial the insurance company will offer an acceptable settlement offer. Additionally, the settlement process is more efficient and less risky for them than a trial.

It is important to understand the extent of your injuries prior accident law firms to agreeing to a settlement. It is also important to have completed all medical treatment. If you agree to a settlement before your doctor determines that you have reached maximum medical improvement (MMI), you could not be eligible for additional compensation. You should also not sign a release before you have consulted with your lawyer regarding your damages. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will scrutinize your medical records as well as other documentation to ensure that you are entitled to all compensation you're entitled to.