The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if the insurance company is unable to pay the amount you require for your injuries. The letter will outline all of your economic losses like medical expenses and lost wages as in addition to non-economic damages like discomfort and pain.

A jury or judge will then take a call. If they decide in your favor they will award you damages and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is essential to receive compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident can assist your attorney in determining what happened during the collision, including the positions of both cars after impact, skid marks, road debris, and other physical evidence. Also, note the names and contact information of any witnesses who were present at what occurred. Witnesses who testify to corroborate your version of events is important as it could be common for drivers to give contradicting stories of what happened. This results in insurance companies refusing to accept the claim, or even deny responsibility altogether.

Other evidence forms your lawyer could utilize include medical records, which may include receipts, bills diagnostic reports, lab results, discharge instructions, and other evidence that proves the severity of your injuries. It is important to obtain these records as quickly as you can and give copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney could use. This is an out-of court testimony under oath, which is then recorded by a Court Reporter. The lawyer can use this evidence to prove your injuries were a clear, identifiable connection to the accident. This helps to justify seeking compensation. The majority of the evidence mentioned above can be collected at the scene of the accident or soon after however, some might not be available until later in the litigation. This is the reason it's essential to consult a highly-credentialed car accident lawyer as quickly as you can so that they can begin an investigation while the crucial evidence is in its most pure form.

2. Making a Complaint

After the dust has settled and you have tended to your injuries, it's time to seek professional legal advice. An attorney for car accidents can provide the expertise needed to help you get the most compensation for your claim.

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

The discovery phase begins by allowing both parties to exchange information about their claims and defenses. The process can take a considerable time, and both teams will require a thorough review of documents like police reports and witness statements. They might also need to examine medical records as well as bills and other documents. Each side can demand interrogatories. They are a series of questions the other party must answer under oath by a predetermined time frame.

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

Your lawyer may be able reach a settlement agreement with the insurance company of the driver who is at the fault. This is more likely following discovery and prior to trial. If the insurance company is unwilling to offer an acceptable settlement, or if the damage is significant and not covered by insurance, then you might have to go to trial. A jury or judge will decide on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit the attorney representing you and the negligent driver's insurance company exchange information that could assist or derail your claim. Your attorney will request copies of documents that support your case. This includes police reports medical bills, work loss documents from your employer (showing how much time you've missed because of the accident attorney) photographs of your vehicle damaged or injured and financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to question parties and witnesses who are not present.

These documents are exchanged between attorneys from both sides. The tools for writing discovery give the other side an opportunity to answer questions in writing that must be answered under oath. It also allows you to provide copies or other information that could be useful to you.

Your Long Island car accident attorney lawyer will also be able to depose witnesses to the collision and also anyone with information on your injuries or damages that could be pertinent to your case. During a deposition lawyer representing the party at fault will ask you several questions, and your answers will be recorded on video, or transcribed by a court reporter.

These pretrial investigation processes are designed to help your lawyer create a compelling case against the person who is at fault and their insurer to get a fair settlement for all your injuries and losses, costs and expenses. While there is no guarantee that all cases settle however, the majority of cases settle either during or after the discovery process, which can often be completed before the trial.

4. Trial

The majority of car accident cases are settled through informal negotiations however, if you and your insurance company disagree about fault or the amount of compensation you should receive for your injuries, your case could go to trial. A trial is a formal proceeding where both parties are required to argue and present evidence to a factfinder who makes a decision to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will explain your story in your opening statements to the jury, along with any supporting evidence you have, including images or videos of the accident scene, witness testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You can also testify about your memory of the incident and how it impacted your life. Expert witnesses can also provide testimony to support your assertions. The lawyer for the defendant can cross-examine the witnesses and object to admissibility of some evidence.

The jury will determine at trial if the plaintiff's injury was caused by the defendant's negligence. They will look at proximate cause, a complicated legal concept that lawyers will spend many hours studying in law school. Proximate cause examines the degree of connection 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 issue because it is contingent on the extent of your injuries and the amount to which you've suffered. Your lawyer will present evidence including expert testimony regarding the severity of your injuries loss of income, future earning potential, as well as your pain and suffering as well as impairment.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations by which you must settle your claim or make a claim. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you may need to file a car accident Lawsuit, stscrap.kr, in the court. It can be time-consuming and expensive, yet it is usually required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a procedure that is formal in which both sides exchange information with each other). Your lawyer will also file legal documents referred to as motions that ask the court for specific things such as not allowing certain types of evidence at trial. Settlement negotiations may continue throughout this process, and a lot of civil disputes in car accidents settle before a trial has to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is solid and that you are willing to go to trial. The settlement process is also quicker and less risky than an in-court trial.

Before you agree to a settlement, it is important to understand the severity of your injuries and that you have completed all medical treatments. It is possible to lose additional compensation if you agree to an offer of settlement until your doctor has determined that you have attained the maximum medical improvement. Don't sign a settlement agreement before you have spoken with your lawyer about the damages. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will scrutinize your medical records, and other documentation to ensure that you receive all of the compensation you're entitled to.