The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter if an insurance company refuses to pay you the amount you need for your injuries. This will outline all the economic losses you have suffered including medical expenses and lost wages, as well as other damages that are not economic, like pain and suffering.

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

1. Gathering Evidence

In a lawsuit involving an automobile accident, proving negligence is crucial to obtaining compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports like police reports and other official reports.

Your attorney may be able to determine the circumstances of the accident by taking photographs of the scene, including skid marks, road debris and other physical evidence. Take down the names and contact information of any witnesses who witnessed the events. Witnesses that testify to support your version of the events is essential particularly since it can be common for drivers to have conflicting versions of what transpired, which results in insurance companies refusing to accept the claim or deny any responsibility at all.

Other types of evidence your lawyer might use include medical records, which could include bills, receipts diagnostic reports, lab results, discharge guidelines, and other evidence that proves the extent of your injuries. It is essential to get these records as quickly as you can, and also provide copies to your healthcare providers.

Another form of evidence that your lawyer could use is a deposition, which is a non-court-issued testimony that is given under oath and recorded by a court reporter. Your lawyer can utilize the testimony to prove the fact that your injuries had an immediate and obvious connection to the crash, which helps justify requesting compensation for your injuries. Most of the evidence mentioned above can be gathered at the scene of the accident or shortly afterwards however, some might not be available until much later in the legal process. This is why it's crucial to consult a highly-credentialed car accident attorneys (view Enfogentraining) lawyer as soon as possible so that they can begin an investigation as evidence is in its purest form.

2. Making a complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal advice from an expert. An attorney who has handled 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 the court, describing the specific claims you're making and how much money you're seeking in damages. The document is usually drafted by your attorney, and then filed with the court and served to the defendant.

The discovery phase begins with both parties able to share information regarding their claims and defenses. The process can take a considerable time and both teams may be required to examine a large number of documents, including police reports and witness statements. They might also have to examine medical records, bills, and other documents. Each side can demand interrogatories. They are a set of questions that the other party must answer under oath within a set timeframe.

In this phase, your lawyer will also work closely with doctors to gather an accurate picture of your injuries and the impact they've had on your life. Your lawyer will then calculate the total damages you have suffered that include future and past medical expenses and lost earnings, as well as suffering and pain and much more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver at the fault. This will most likely occur after the completion of discovery and before trial. If the insurance company is unwilling to offer a fair settlement or if the damage is important and not covered by insurance, then you could be required to appear in court. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuits lawsuit where your lawyer and the insurance company exchange information that may assist or derail your claim. Your attorney will ask for copies of the documents supporting your case, such as police reports, medical bills as well as work loss records (e.g. an email from your employer showing how long you missed work because of the accident) photographs of your vehicle, any damage or injuries, and other relevant financial information. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to inquire about witnesses and witnesses who are not present.

These discovery tools written in writing are circulated back and forth between attorneys of both sides. They provide the opposing party a chance to respond to questions in writing, which need to be answered under oath, and to supply copies of certain documents or other data which could be beneficial to your case.

Your Long Island car accident attorney will also interview witnesses and any other person with information about your injuries or damages which could be crucial to your case. During a deposition, the lawyer of the at-fault person will ask you questions, and your answers could be recorded on video by a court reporter or transcribing.

The pretrial investigation process is designed to assist your lawyer develop a convincing argument against the person at fault and their insurance company in order to secure a fair settlement for all of your injuries, expenses and losses. While there is no guarantee that all cases settle however, the majority of cases settle in the course of or following the discovery process, which is often be completed prior to the time your trial.

4. Trial

Trials are possible where you and the insurance company are not in agreement regarding the fault of the other party or the amount of compensation you are entitled to for your injuries. A trial is a formal procedure where both sides submit arguments and evidence to a factfinder, who makes a ruling that settles the dispute. In personal injury cases the factfinder is usually a jury.

During the trial the lawyer will provide your version of the events in opening statements to the jury, as well as any other evidence that you have, like photos or video of the accident scene, witness testimony from bystanders and medical professionals, and documents like police reports and medical bills. You can also testify regarding your memory of the incident, and how it impacted your life. Expert witnesses will also provide evidence to support your claims. The defendant's lawyer can cross-examine witnesses and challenge to the admissibility of certain evidence.

The jury will determine at trial whether the plaintiff's injuries was the result of the defendant's reckless behavior. They will examine the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate cause looks at the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you should receive. This is a more complicated matter, as it depends on the severity of your injuries and the severity of your losses. Your attorney will present evidence that includes expert testimony regarding the severity of your injuries that resulted in loss of income and earning potential, as well the extent of your suffering and impairment.

5. Settlement

Each state has a deadline to settle your claim, or even file a lawsuit. This is referred to as the statute of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, then you might have to file a car accident lawsuit in court. This could be a lengthy process and expensive, yet it is usually necessary to pursue compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents known as motions that ask the court for certain things, such as the exclusion of certain kinds of evidence in trial. Settlement negotiations may 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 injury claim is legitimate and that you are willing to go to trial. The settlement process is also faster and less risky than a court trial.

Before agreeing to an agreement, it's essential to be aware of the severity of your injuries and have completed all medical treatments. You may not receive additional compensation if you agree to the settlement before your doctor has determined that you have reached the maximum medical improvement. Also, you should not sign a release until you have consulted with your lawyer about your injuries. 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 evidence to make sure that you receive the entire amount of damages to which you are entitled.