The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount you need to cover your injuries, our persistent lawyers will draft an official demand letter. This letter will provide a detailed description of your economic damages such as medical expenses, lost wages as and non-economic losses like pain and discomfort.

Then, a judge or jury will then make a decision. If they rule in your favor you will be awarded damages. In addition, the defendant will be required to pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident can help your attorney establish what actually transpired in the crash, including the position of both cars after collision, skid marks, road debris, and other physical evidence. Also, note the names and contact numbers of any witnesses who witnessed the incident. It is essential that witnesses confirm the events were actually happening, as it may often be the case that drivers offer contradictory accounts that lead to insurance companies refusing or denying liability.

Other evidence that your lawyer could use include medical records, which may include receipts, bills diagnose reports, lab results, discharge instructions and other documentation that demonstrate the extent of your injuries. You should get these records as soon as you can and give copies to your healthcare professionals.

Another form of evidence your attorney may use is a deposition, which is an out-of-court testimonies given under oath and transcribed by a court reporter. Your lawyer may use the testimony to establish that your injuries have had an immediate and clear connection to the accident which can help justify compensation for your injuries. The majority of the evidence mentioned above can be gathered at the scene of the accident or within a short time, but some may not be available until much later in the legal process. This is why it's vital to speak with a well-credentialed car accident lawyer as soon as possible, so that they can begin investigating as evidence is in its most pure form.

2. The process of filing a complaint

Once the dust has sunk and you've taken care of your injuries, it's the time to seek out legal counsel from an expert. A car accident lawyer can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint with court, which details the specific claims you are making and how much money you are seeking in damages. This document is usually drafted by an attorney, and filed in the court. It is also given to the defendant.

The discovery phase begins by allowing both parties to share information regarding their claims and defenses. The process can take a long time and both teams may require a thorough review of documents including police reports and witness statements. They might also need to review medical documents or bills, as well as other documents. Each side can require interrogatories. These are a series of questions that the other party must answer under oath within a set timeframe.

During this stage, you lawyer will also collaborate with doctors to get a full picture of your injuries and the impact they've caused on your 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 accident lawyer more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. This is most likely to take place after the completion of discovery and before trial. If the insurance company doesn't agree to a fair settlement or if your losses are significant and are not covered by insurance, then you may need to go to trial. A judge or jury will decide on the case based on the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. This is when your attorney and the negligent insurance company of the driver exchange information that could help or damage your claim. Your attorney will ask for copies of the documents that support your case, such as medical bills, police reports as well as work loss records (e.g. an email from your employer showing how much time you missed work due to the accident), photographs of your car 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 about parties and witnesses who are not present.

These tools for discovery in writing are circulated back and forth between attorneys of both sides. Written discovery tools allow the opposing party a chance to answer questions in writing that need to be answered under oath. It also allows you to provide copies or other information that might be useful to you.

Your Long Island car accident lawyer will also depose witnesses to the accident and anyone with information on your injuries or damage that could be crucial to your case. In a deposition, the lawyer for the person who is at fault will ask you an array of questions and your answers will be recorded on video or transcribing by a court reporter.

These pretrial investigation procedures are designed to assist your lawyer construct a compelling case against the responsible party and their insurance company in order to obtain an equitable settlement for all of your damages, expenses and losses. There is no assurance of a settlement in each case, but the majority of cases do so after or during the investigation process, which is usually done prior to trial.

4. Trial

Although the majority of car accidents settle through out-of-court negotiations If you and the insurance company aren't in agreement on the cause or how much compensation you should receive for your injuries, your case could be heard in a trial. A trial is an official proceeding where both parties are required to present their arguments and evidence to a factfinder who makes a decision on how to settle the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any evidence supporting it 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 memories of the incident and how it has had an impact on your life. Expert witnesses will also provide evidence to support your assertions. The lawyer for the defendant can cross-examine the witnesses and object to admissibility of some evidence.

The jury will decide in the trial whether the plaintiff's injury was the result of the defendant's negligence. They will look at proximate cause an intricate legal concept that lawyers have to spend many hours studying during law school. Proximate cause considers how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. This is a thorny issue because it is contingent on the severity of your injuries and the extent of your losses. Your attorney will present your evidence, including 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, impairment, and pain.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations by which you must settle your claim or make a claim. If your lawyer is not able to negotiate a settlement with the insurer, you may have to file a lawsuit in court. It can be lengthy and expensive, yet it is usually necessary to pursue compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where both sides exchange information with one another). Your attorney will also prepare legal documents, also known as motions, requesting the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are resolved before a trial is necessary.

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

It is important to understand the extent of your injuries prior to agreeing to a settlement. You should also have completed all medical treatments. You could lose out on additional compensation if settling an offer of settlement until your doctor has determined that you have attained the point of maximum improvement. Don't sign a release until you've spoken with your lawyer and have a complete understanding of your losses. Your lawyer will make sure that you don't miss out on valuable compensation. They will carefully examine your medical records and other documentation to ensure that you receive the entire amount of damages to which you are entitled.