The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if an insurance company refuses to provide you with the amount you require for your injuries. The letter will list all of your economic damages such as medical expenses and lost wages, as well as non-economic damages like discomfort and pain.

Then the judge or jury will then make a decision. If they come to a decision to your advantage, you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves a car accident the proof of negligence is essential to receive compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports like police reports and other official reports.

Photographs of the scene of the accident could help your attorney establish what actually transpired in the collision, including the positions of both cars after impact, skid marks, road debris, and other physical evidence. Also, note the names and phone numbers of any witnesses who witnessed what happened. Witnesses who testify to corroborate your account of the events is essential particularly since it can be common for drivers to give contradicting stories of what happened. This leads to insurance companies refusing to accept the claim, or even deny responsibility altogether.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injuries. These documents may include receipts, bills and lab results, diagnose reports, discharge directions and other records. It is essential to get these records as quickly as you can and give copies to your healthcare professionals.

Another form of evidence that your attorney could make use of is a deposition which is an out-of court testimony delivered under oath and recorded by a court reporter. Your lawyer may use the testimony to prove that your injuries have had an immediate and obvious connection to the crash and can be used to justify compensation for your damages. The majority of the evidence listed above can be obtained at the scene of the crash or shortly after however some evidence may not be available until much later in the legal process. This is why it's crucial to consult a highly-credentialed lawyer for car accidents as soon as possible so that they can begin the investigation as evidence is in its most pure form.

2. The process of filing a complaint

After the dust has cleared and you've taken care of your injuries, you should seek legal advice from an experienced. An attorney for car accidents will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is filing a complaint with the court. This document will outline your specific claims as well as the amount you'd like to recover in damages. This type of document is typically drafted by an attorney, and filed in court. It is also given to the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a considerable time and both teams will be required to examine a large number of documents, including police reports and witness statements. They might also have to review medical records, bills, and other documents. Each side can require interrogatories. These are a set of questions that the other party must answer under oath within a specified deadline.

In this stage, your lawyer will also work with doctors to ensure they have a complete understanding of the seriousness of your injuries and the impact they've had on your daily life. Your lawyer will determine your total damages. This includes future and past medical expenses as well as lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer may be able to reach an agreement with the at fault driver's insurance company. This is more likely to occur after discovery and prior to trial. If the insurance company is unable to provide a fair settlement or if you have incurred significant damages that are not covered by the insurance policy, the case could go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident where your lawyer and the insurance company of the negligent driver company exchange information that may assist or derail your claim. Your attorney will ask for documents that can support your case, such as police reports, medical bills, work loss records (e.g. documents from your employer that outlines how long you missed work because of the accident attorneys), photographs of your vehicle as well as any damages or injuries and other financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to question witnesses and witnesses who are not present.

These documents are shared between attorneys on both sides. The written discovery tools provide the opposing party a chance to answer questions in writing that need to be sworn to under oath, and to provide copies or other information that may be helpful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding the damages or injuries you sustained that could be important 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 transcribed by a court reporter.

The goal of these pre-trial investigation procedures is to allow your lawyer to create an effective and convincing argument to the party at fault and their insurer so that you can get a fair and complete settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case but most occur during or after the investigation process, which is usually completed before the trial.

4. Trial

Although the majority of car accidents settle through negotiations outside of court If you and the insurance company do not agree on who is at fault or the amount you should receive for your injuries, the case may be heard in a trial. A trial is a formal hearing where both sides present arguments and evidence to a factfinder who makes a ruling which settles the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the scene of the accident or testimony from witnesses, medical professionals, as well as documents such police reports and bills. You may also offer your testimony about your memories of the incident and how it has changed your life. Expert witnesses can also offer evidence to back up your claims. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of certain evidence.

In a trial, the jury must decide whether the plaintiff's injuries were caused by the defendant's negligence. They will look at proximate cause, a complicated legal concept that lawyers spend countless hours studying in law school. Proximate causes considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you will be awarded. This is a thorny issue due to how severe your injuries are and the severity of your losses. Your lawyer will present your evidence, including expert witness testimony about the severity of your injuries, your loss of income, and future earnings potential in addition to your suffering and pain disfigurement, impairment, and.

5. Settlement

Every state has a time limit within which you can settle your claim or file a lawsuit. This is known as the statutes of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you might be required to file a vehicle accident lawsuit in the court. This can be time consuming and costly, however it is usually necessary to pursue compensation.

During this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and be present at hearings. Your lawyer will also submit legal documents, referred to as motions, which ask the court to do things such as excluding certain types evidence from trial. Settlement negotiations can go on throughout the entire process, and a lot of civil disputes arising from car accidents end before a trial is required to be held.

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

Before settling on the settlement, it's important to understand the severity of your injuries and that you have completed all medical treatments. You could be denied additional compensation if you agree to a settlement until your doctor has concluded that you have reached the maximum medical improvement. Additionally, you should not sign a release until you've talked to your lawyer and gained a complete understanding of your losses. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will carefully examine your medical records and other documentation to make sure that you receive the full amount of damages for which you are entitled.