The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount you need for your injuries, our persistent attorneys will prepare a formal demand letter. It will detail all your financial damages including medical expenses and lost wages, and non-economic damages, like pain and suffering.

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

1. Gathering Evidence

In a lawsuit that involves an accident in a car the proof of negligence is essential in obtaining compensation for your injuries. Collecting evidence is one the first steps of the process of litigation, and it involves collecting documents witnesses' testimony, photographs as well as official reports, such as police reports.

Your lawyer may be able to establish the circumstances of the accident by taking photos of the scene, including skid marks road debris, skid marks and other physical evidence. Take down the names and contact details of any eyewitnesses that witnessed what transpired. Witnesses who testify to corroborate your account of the events is essential particularly since it can be common for drivers to have contradictory stories of what happened. This results in insurance companies refusing to accept the claim or deny responsibility altogether.

Other forms of evidence your lawyer could use include medical records, which may include receipts, bills diagnostic reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. You should obtain these records as soon as you can, and also provide copies to your healthcare providers.

Another form of evidence your attorney might utilize is a deposition, which is out-of-court testimony given under oath and recorded by a court reporter. Your lawyer can utilize the testimony to prove that your injuries had a direct and foreseeable connection to the crash which can help justify the compensation you deserve for your damages. Most of the evidence discussed above can be obtained at the site of the accident or soon 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 right credentials immediately so that they can begin an investigation while the evidence is in its purest form.

2. The process of filing a complaint

When the dust has cleared and you've treated your injuries, it's time to seek professional legal advice. A car accident attorney will provide the knowledge and expertise to help you get the most compensation for your claim.

The first step is filing an application with the court. This will outline your specific claims and the amount you'd like to claim in damages. The document is usually written by an attorney, and filed in court. It is also delivered to the defendant.

The discovery phase begins, allowing both parties to share information about their claims and defenses. The process can take a considerable duration and both teams will require a thorough review of documents like police reports and witness statements. They might also need to review medical records and bills as well as other documents. Each side can request interrogatories, which are a set of questions that the other party must answer under oath, within a specific date.

In this phase, your lawyer will also collaborate with doctors to gather the full picture of your injuries as well as the impact that they've affected your life. Your lawyer will estimate the total damages. This includes future and past medical expenses including lost wages, suffering and pain, and much more.

Your lawyer could be able to reach a settlement agreement with the insurance company of the driver at the fault. This is most likely to occur following the conclusion of discovery and before trial. If the insurance company refuses an acceptable settlement, or if the damages are significant and not covered by insurance, then you could have to go to trial. A jury or judge will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. It is the point at which your attorney and negligent insurer for the driver exchange information that could help or undermine your claim. Your attorney will ask for copies of the documents that support your case, such as medical bills, police reports, work loss records (e.g. documents from your employer which reveals how long you missed work due to the accident lawyers) photographs of your vehicle and any injuries or damages and other financial information. Your attorney may also employ written discovery tools such as interrogatories and requests for production to question witnesses and parties who are not present.

These written discovery tools are circulated 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 provide copies of specific documents or other information that could be useful to your case.

Your Long Island car accident attorney will also depose witnesses and anyone who has information about your injuries or damages that could be vital to your case. During 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 translated by a court reporter.

The goal of these pre-trial investigation procedures is to help your lawyer to construct an argument that is convincing and persuasive against the at-fault party as well as their insurance company so that you are able to secure a fair and complete settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case however, the majority of cases will settle during or following the investigation process, which is usually completed before the trial.

4. Trial

The majority of car accident cases settle through out-of-court negotiations, if you and the insurance company aren't in agreement on the cause or the amount of compensation you are entitled to for your injuries, the case may be heard in a trial. A trial is an official proceeding where both parties argue and present evidence to an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases the factfinder is usually a jury.

During the trial your lawyer will give your account of the events in opening statements to the jury, together with any evidence you have, such as images or videos of the accident scene, witness testimony from witnesses and medical professionals, as well as documents such as medical bills and police reports. You can also offer testimony about your memories of the incident and how it has impacted your life. Expert witnesses are also able to testify in support of your claims. The attorney for the defendant can interrogate witnesses and contest the admissibility of specific evidence.

The jury will decide during trial whether the plaintiff's harm was the result of the defendant's reckless behavior. They will examine proximate causes, a complex legal concept that law school students spend hours studying. Proximate cause looks at the relationship between the defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. It is also a complicated matter because it is based on the severity of your injuries and the amount to which you've suffered. Your lawyer will present your evidence, including expert witness testimony on the severity of your injuries, the loss of income, and future earnings potential and your suffering and pain disfigurement, impairment, and.

5. Settlement

Each state has a deadline to settle your claim, or even file a lawsuit. This is known as the statutes of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you might need to file a car accident lawsuit in the court. It is costly and time-consuming, but it is often necessary to get compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal procedure where both sides exchange information with one another). Your lawyer will also file legal documents, known as motions, which ask the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout the process, and a majority of civil disputes in car accidents settle before a trial needs to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and that you'll be willing to take the case to trial. Settlement is quicker and less risky than the court trial.

Before agreeing to a settlement, it is essential to be aware of the extent of your injuries. You must also have completed all medical treatment. If you accept a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI), you could not be eligible for additional compensation. You should also not sign a release until you have met with your lawyer and have full 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 and other documentation to make sure that you get the full amount of damages for which you are eligible.