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The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you require for your injuries, our hard-working lawyers will draft an official demand letter. This will include all of your economic damages, such as medical bills and lost wages, as well as non-economic damages, such as pain and suffering.

A jury or judge will then take a call. If they decide to your advantage, you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is key to obtaining compensation for your injuries and losses. Collecting evidence is one the first steps in the process of litigation, and it involves gathering evidence, documents such as photographs, witness testimony, and official reports like police reports.

Photographs of the scene of the accident lawsuits may assist your attorney in determining what happened during the collision, including the positions of both cars following the impact, skid marks, road debris and other evidence that is physical. Note down the names and contact details of any witnesses who saw the events. It is important to have witnesses confirm the events were actually happening, as it may often happen that drivers offer contradictory statements that result in insurance companies refusing to accept or deny responsibility.

Other evidence that your lawyer may use include medical records, which may include receipts, bills diagnose reports, lab results, discharge guidelines, and accident law Firm other documentation that demonstrate the severity of your injuries. You should seek these documents as soon as is possible and provide copies to your medical professionals.

Another form of evidence your attorney could make use of is a deposition which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer can use the testimony to establish the fact that your injuries had an immediate and obvious connection to the accident, which helps justify requesting compensation for your damages. Most of the evidence mentioned above can be collected at the scene of the crash or shortly after however, some might not be available until later in the legal process. It's important to contact an attorney in the case of a car crash with the appropriate credentials immediately to begin an inquiry as 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 the time to seek out legal counsel from an expert. A lawyer for car accidents will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint in court, which outlines the specific claims you're bringing and how much money you're seeking in damages. This form is usually prepared by an attorney, and filed in the court. It will also be served to the defendant.

This also begins the discovery phase that allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a long time and both teams will require a thorough review of documents including police reports and witness statements. They may also have to look at medical documents and bills as well as other documents. Each side may demand interrogatories. They are a set of questions the other party must answer under oath, within a specific deadline.

During this stage, you lawyer will also collaborate with doctors to get the full picture of your injuries as well as the impact that they've had on your life. Your lawyer will calculate your total damages. This includes future and past medical expenses, lost wages, suffering and pain, and much more.

Sometimes, your lawyer could be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely to occur after discovery and prior to trial. If the insurance company doesn't agree to an equitable settlement, or if the damages are substantial and not covered by insurance, then you could be required to go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and negligent insurer for the driver share information that could either support or undermine your claim. Your attorney will seek copies of all documents that support your case. These include police reports medical bills, as well as work loss records from your employer (showing the amount of time you were absent due to the Accident law firm) photos of your vehicle, any injuries or damages as well as other financial data. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to inquire about witnesses and parties who are not present.

These documents are exchanged between attorneys from both sides. They give the opposing party an opportunity to reply to questions in writing, which must be sworn to under oath, and to supply copies of certain documents and other information that may be relevant to your case.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding your injuries or damages that could be vital 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 translated by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to build an argument that is persuasive and strong to the responsible party and their insurer so that you can receive a full and fair settlement for your losses, injuries and expenses. While there is no assurance that all cases will settle but the majority settle at the end of or following the discovery process, which may be completed before the case is brought to trial.

4. Trial

Although the majority of car accidents settle through out-of-court negotiations, if you and the insurance company do not agree on who is at fault or the amount of compensation you should receive for your injuries, the case may be heard in a trial. A trial is an official process where both parties argue and present evidence to the factfinder, who makes an decision on how to resolve the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the scene of the accident, testimony from witnesses and medical professionals, documents like police reports and bills. You can also testify about your memories of the incident, and how it impacted your life. Expert witnesses can also testify to support your claims. The defendant's lawyer can cross-examine witnesses and challenge to the admissibility or validity of certain evidence.

The jury will decide during trial if the plaintiff's injury was the result of the defendant's negligence. They will be looking at the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also decide the amount of damages you are entitled to. It's also a complicated matter because it is based on the degree of your injuries and the extent to which you've suffered. Your attorney will present evidence, including expert testimony, regarding the severity of injuries as well as lost income and future earning potential, in addition to your suffering and impairment.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations where you have to settle your claim or start a lawsuit. If your lawyer can't reach a settlement with the insurer, you might have to start a lawsuit in the courtroom. It can be expensive and time-consuming, however it is often necessary to get 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 each other). Your lawyer will also file legal documents, referred to as motions that ask the court for things like excluding certain types of evidence during trial. Settlement negotiations can be ongoing throughout the process, and many civil disputes arising out of car accidents will end before a trial needs to be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is strong and that you are willing to take the case to trial. Settlements are faster and Accident law firm less risky than a court trial.

It is vital to understand your injuries before you agree to a settlement. You must also have completed all medical treatments. If you agree to a settlement before your doctor determines that you have reached maximum medical improvement (MMI) and you are not able to be denied additional compensation. Also, you should not sign an agreement until you have talked to your lawyer and have a complete understanding of your damages. Your lawyer will ensure you don't get a poor deal on compensation. They will carefully review your medical records and other documents to ensure that you receive the full amount of damages to which you are eligible.