The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount you require for your injuries, our hard-working attorneys will prepare a formal demand letter. The letter will outline all of your financial damages such as medical costs and lost wages as in addition to non-economic damages like pain and discomfort.

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

1. Gathering Evidence

In a case of a car crash lawsuit the proof of negligence and liability is crucial to get compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports, such as police reports, and other official reports.

Your attorney might be able to determine what happened in the accident by taking pictures of the scene, which include skid marks or road debris, as well as other physical evidence. Also, take note of the names and contact information of any eyewitnesses who saw what transpired. Having witnesses testify that corroborate your version of events is important especially as it can be common for drivers to have contradictory accounts of what happened that results in insurance companies refusing to accept the claim or deny responsibility completely.

Medical records can also be used by your lawyer to establish the severity of your injury. These documents may include receipts, bills, lab results, diagnosis reports, discharge instructions, and other forms of documentation. You should obtain these records as quickly as possible and provide copies to your medical professionals.

Another type of evidence your attorney could utilize is a deposition, which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. The lawyer can use the testimony to establish that your injuries have had a direct and foreseeable connection to the accident and can be used to justify compensation for your losses. While most of the above-mentioned types of evidence can be gathered at the accident scene or soon afterward, some of them may not be accessible until later in the litigation process. It's important to contact an attorney for car accidents with the right credentials as soon as you can to start an investigation as evidence is in its most pure form.

2. Filing a Complaint

After the dust has cleared and you've taken care of your injuries, seek legal advice from a professional. A car accident attorney will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is filing an application with the court. It will describe your specific claims as well as the amount of money you'd like to claim in damages. This form is usually prepared by an attorney and then filed in the court. It will also be served to the defendant.

The discovery phase begins, allowing both parties to share information about their claims and defenses. The process can be long and requires both parties to review many documents, including police reports witnesses' statements, police reports and medical records, as well as bills and much more. Each side is able to request interrogatories. These are a series of questions which the other side must answer under oath within the timeframe specified.

In this phase, your lawyer will also collaborate with doctors to gather an accurate picture of your injuries as well as the impact they've affected your life. Your attorney will then calculate your total damages, which will include past and future medical expenses and lost earnings, as well as suffering and pain, and more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver at fault. This is more likely to occur after discovery and prior to trial. If the insurance company doesn't agree to a fair settlement, or if the damage is significant and are not covered by insurance, then you might be required to go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial step in any car accident lawyers case. This is where your attorney and the negligent insurer for the driver exchange information that could support or derail your claim. Your attorney will seek copies of all documents that support your case. These include police reports as well as medical bills and work loss documents from your employer (showing the amount of time you've missed due to the accident), photos of your vehicle damaged or injured, and other financial information. Your attorney may also employ written discovery tools, such as interrogatories, requests for production and requests for admissions to interview witnesses and parties who aren't present in the case.

These tools for discovery in writing are distributed back and forth between attorneys for both sides. They give the opposing party the chance to respond to questions in writing, which need to be sworn to under oath, and to supply copies of specific documents or other information which could be beneficial to your case.

Your Long Island car accident attorney will also question witnesses and anyone with information about the damages or injuries you sustained that could be vital to your case. In a deposition, the lawyer for the person who is at fault will ask you several questions, and your answers will be recorded on video or transcribing by a court reporter.

The goal of these pretrial investigation processes is to help your lawyer to create an argument that is persuasive and strong to the responsible party and their insurer, so that you can get an adequate and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases will settle but the majority settle at the end of or following the discovery process, which may be completed prior to the time your case goes to trial.

4. Trial

The majority of car accident cases are resolved through informal negotiations, if you and the insurance company aren't in agreement on the cause or the amount you are entitled to for your injuries, your case may go to trial. A trial is an official process in which both sides present arguments and evidence before an impartial factfinder who takes an announcement 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 happened during the trial. This will include any evidence supporting it, such as photos or videos of the accident scene, testimony from witnesses and medical professionals, and documents such as police reports and bills. You may also testify on your memory of the incident, and how it affected your life. Expert witnesses can also give evidence to back up your claims. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will determine at trial if the plaintiff's injury was the result of the defendant's negligence. They will examine proximate cause which is a tangled legal concept that lawyers will spend many hours studying during law school. Proximate causes considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. It's also a complex matter because it is based on the severity of your injuries and the degree to which you've suffered. Your lawyer will present evidence that includes expert witness testimony about the severity of your injuries, the loss of income, as well as future earnings potential, as well as your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state has a specific legal deadline, referred to as the statute of limitations in which you must settle your claim or file a lawsuit. If your lawyer is not able to come to a deal with the insurance company, you may be required to bring a lawsuit to court. It can be expensive and time-consuming, but it is usually required to obtain compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal process in which each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents referred to as motions to ask the court for specific things such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can continue throughout this process. A lot of civil disputes are settled before a trial is needed.

Insurance companies are more likely to offer fair settlement offers if they believe your claim for injury is solid and you'll be willing to go to trial. In addition the settlement process is faster and less risky than a trial.

Before agreeing to a settlement, it is crucial to fully comprehend the severity of your injuries. You must also have completed all medical treatment. It is possible to lose additional compensation if you sign a settlement until your doctor has concluded that you have reached the point of maximum improvement. Additionally, you should not sign an agreement until you have talked to your lawyer and received a complete understanding of your damages. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully review your medical records as well as other documents to ensure that you receive the entire amount of damages for which you are eligible.