The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you need to cover your injuries, our persistent attorneys will prepare a formal demand letter. This will include all of the economic losses you have suffered such as medical bills and lost wages, as well as non-economic damages like pain and suffering.

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

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is crucial to get compensation for your injuries and losses. Gathering evidence is among the initial steps in the process of litigation, and it involves gathering evidence, documents such as photographs, witness testimony, and official reports such as police reports.

Your attorney may be able to determine the circumstances of the accident by taking pictures of the scene, including skid marks or road debris, as well as other physical evidence. Also, note the names and contact information of any witnesses who were present at the incident. It is important to have witnesses confirm the events were actually happening, as it may often happen that drivers offer contradictory stories that lead to insurance companies denying or refusing responsibility.

Medical records can also be utilized by your lawyer to establish the extent of your injury. These records could include receipts, bills and lab results, diagnose reports, discharge instructions and other documents. You should get these records as soon as you can and be sure to send copies to your healthcare providers.

A deposition is another form of evidence your lawyer may make use of. It's an out-of court statement made under oath, which is then transcribed by a Court Reporter. Your lawyer may make use of the testimony to prove that your injuries have had a direct and foreseeable connection to the accident attorneys and can be used to justify compensation for your damages. Although the majority of the above kinds of evidence can be obtained at the scene or shortly afterward but some of the evidence might not be accessible until later in the litigation process. It is essential to contact an attorney for car accidents with the right credentials immediately to start an inquiry while the evidence is in its most natural form.

2. Filing a Complaint

After the dust has settled and you have tended to your injuries, it's the time to seek expert legal advice. A car accident attorney can provide the necessary expertise to ensure that you receive 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 are seeking in damages. The document is usually drafted by your lawyer and filed with the court and served to the defendant.

This also initiates the discovery phase, which allows both sides to exchange information and evidence that is related to their claims and defenses. The process can take a considerable duration and both teams will be required to examine a large number of documents, including police records and witness statements. They may also have to review medical documents or bills, as well as other documents. Each side may require interrogatories. These are a set of questions which the other party must answer under oath by a predetermined date.

During this stage, you lawyer will also work closely with your doctor to get the full picture of your injuries and the impact that they've affected your life. Your lawyer will calculate your total damages. This includes future and past medical expenses including lost wages, suffering and pain, and much more.

Sometimes, your lawyer could be able to reach an agreement with the responsible driver's insurance company. It is likely to occur after the completion of discovery and before trial. If the insurance company is unwilling to offer an acceptable settlement, or if your damages are important and not covered by insurance, then you might need to go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an essential step in any car accident case. This is when your attorney and the negligent insurance company of the driver exchange information that could support or damage your claim. Your attorney will request copies of the documents that support your case. These documents include police reports medical bills, work loss records from your employer (showing how much time you missed due to the accident) photos of your vehicle damaged or injured and financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These written discovery tools are distributed back and forth between attorneys for both sides. The written discovery tools provide the other side an opportunity to answer questions in writing that must be answered under oath and to provide copies or other information that might be useful to you.

Your Long Island car accident attorney will also question witnesses and anyone who has information regarding your injuries or damages which could be crucial to your case. In a deposition, the attorney representing the at-fault party will ask you an array of questions and your responses will be recorded on video or translated by a court reporter.

These pre-trial investigation procedures are designed to assist your lawyer develop a convincing case against the person who is at fault and their insurer to secure an equitable settlement for all your injuries and losses, costs and expenses. There is no assurance of a settlement in each case but the majority of cases will settle during or following the investigation process, which is often concluded prior to the trial.

4. Trial

Trials are possible where you and the insurance company do not agree on the source of your fault or the amount you should receive for your injuries. A trial is a formal proceeding in which both sides present their arguments and evidence to an impartial factfinder who takes 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 account of what happened during the trial. This will include any supporting evidence, such as photos or videos of the scene of the accident as well as testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also testify about your memories of the incident, and how it affected your life. Expert witnesses can also provide evidence to support your assertions. The lawyer of the defendant may cross-examine the witnesses and object to admissibility of some evidence.

The jury will decide during trial whether the plaintiff's harm was caused by the defendant's negligent behavior. They will look at proximate cause an intricate legal concept that lawyers spend many hours studying during law school. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you will be awarded. It is also a complicated matter because it is based on the severity of your injuries as well as the extent to which you have suffered. Your attorney will present your evidence that includes expert witness testimony about the severity of your injuries, your loss of income, and your future earnings potential, as well as your suffering and pain, disfigurement, and impairment.

5. Settlement

Every state has a time limit within which you can 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 may require filing a car accident lawsuit in court. It can be lengthy and expensive, but it is usually necessary to pursue compensation.

During this procedure the Long Island personal injury lawyer will be involved in discovery (a formal process in which parties exchange information with the other side) and be present at hearings. Your lawyer will also file legal documents known as motions to ask the court for specific things such as the exclusion of certain types of evidence during trial. Settlement negotiations can go on throughout this process, and a majority of civil disputes arising from car accidents end before a trial needs to be held.

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

Before settling on an agreement, it is important to understand the severity of your injuries and have completed all medical treatment. You could lose out on additional compensation if you accept the settlement before your doctor has determined that you have attained the maximum level of improvement in your medical condition. Additionally, you should not sign a release until you've met with your lawyer and received an accurate understanding of your damages. Your lawyer will make sure that you do not miss out on valuable compensation. They will scrutinize your medical records as well as other documentation, to ensure that you receive all the compensation you're entitled to.