The First Steps in Car accident attorney Litigation

Our tenacious lawyers will prepare an official demand letter in the event that the insurance company refuses to provide you with the amount you need to cover your injuries. This will outline all your economic damages including medical expenses and lost wages, and non-economic damages, like pain and suffering.

Then the judge or jury will take a call. If they rule in your favor, they will give you damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves a car accident the proof of negligence is essential to receiving 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 happened during the accident, including the position of both cars after impact, skid marks road debris and other evidence that is physical. Take down the names and contact numbers of any witnesses who saw the incident. Witnesses that testify to support your account of events is important especially as it can be common for drivers to have conflicting stories of what happened. This results in insurance companies refusing to accept the claim or even denying responsibility altogether.

Medical records can also be used by your lawyer to establish the severity of your injury. These records could include bills, receipts, lab results, diagnosis reports, discharge guidelines and other documents. You should get these records as soon as possible and be sure to give copies to your medical professionals.

Another type of evidence that your attorney may use is a deposition, which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. Your lawyer can utilize the testimony to prove the fact that your injuries had a direct and foreseeable connection to the crash, which helps justify requesting the compensation you deserve for your damages. Most of the evidence mentioned above can be gathered at the scene of the accident or within a short time but some of it may not be available until much later in the legal process. This is why it's vital to talk to a reputable lawyer in the event of a car accident as soon as possible, so that they can begin investigating while vital evidence is still in its most pure form.

2. Making a Complaint

After the dust has settled and you have tended to your injuries, it's the time to seek professional legal advice. A lawyer who has handled car accidents can provide you with the expertise to maximize your compensation.

The first step is filing a complaint with the court. This will outline your specific claims and the amount of money you want to recover in damages. The complaint is typically written by your lawyer and filed with the court, and then served to the defendant.

This also begins the discovery phase that allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a long time and both teams will have to look over a variety of documents like police reports and witness statements. They may also have to review medical records and bills as well as other documents. Each side can request interrogatories, which are a series of questions that the other party must answer under oath within a specified deadline.

Throughout this stage your lawyer will collaborate with doctors to ensure that they have a complete understanding of the extent of your injuries and the impact they have affected your daily routine. Your lawyer will estimate the total damages. This includes future and past medical expenses as well as lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer might be able to reach a settlement with the at-fault driver's insurance company. This is likely to occur after the completion of discovery, but before trial. If the insurance company refuses an acceptable settlement, or if your damages are substantial and not covered by insurance, then you might be required to appear in court. A judge or jury will make a final decision in the case based on all of the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is when your attorney and the negligent insurer of the driver exchange information that could support or hurt your claim. Your attorney will seek copies of all documents to support your case. These include police reports as well as medical bills and work loss records from your employer (showing the length of time you've missed due to the accident), photos of your vehicle damaged or injured as well as other financial data. Your lawyer will also make use of written discovery tools, such as interrogatories request for production, interrogatories and request for admissions to question witnesses and other parties that are not part of the case.

These tools for discovery in writing are sent back and forth between attorneys for both sides. They provide the opposing party the chance to respond to questions in writing, which have to be answered under oath and to provide copies of specific documents or other information that could be useful to your case.

Your Long Island car accident law firm attorney will also depose witnesses as well as anyone who has information about your injuries or damages that could be crucial to your case. During a deposition, the lawyer for the person who is at fault will ask you several questions, and your responses will be recorded on video or transcribing by a court reporter.

These pretrial investigation procedures are designed to help your lawyer develop a convincing argument against the person at fault and their insurance company in order to get an equitable settlement for all of your injuries and losses, costs and expenses. There is no guarantee of a settlement in every case however, the majority of them do so after or during the investigation process, which is often completed prior to the trial.

4. Trial

Trials can be arranged in situations when you and the insurance company do not agree on the source of your fault or the amount you are entitled to for your injuries. A trial is a formal process where both parties are required to present arguments and evidence before the factfinder, who makes an announcement to settle the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial the lawyer will present your version of events in opening statements to the jury as well as any other evidence you may have, such as images or videos of the accident scene, testimony from bystanders and medical professionals, and documents like medical bills and police reports. You can also testify about your personal memories of the incident and how it affected your life. Expert witnesses can also give testimony to support your assertions. The attorney for the defendant can interrogate witnesses and contest the admissibility of certain evidence.

At trial, jurors must decide whether the plaintiff's injuries were caused by the defendant's negligence. They will consider the proximate causes, which is a complicated legal concept that law school students spend hours studying. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. This is a thorny issue, as it depends on how severe your injuries are and the extent of your losses. Your lawyer will present evidence which includes expert testimony from a witness regarding the severity of your injuries, your lost income, as well as future earnings potential in addition to your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state has a specific deadline that you must meet to resolve your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer can't negotiate a settlement with your insurer, you could be required to make a court filing. It can be expensive and time-consuming. However, it is usually required to obtain compensation.

During this procedure during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents, referred to as motions that ask the court to consider excluding certain types of evidence at trial. Settlement negotiations can be ongoing throughout this process, and many civil disputes arising from car accidents end before a trial needs to be held.

If they believe that your claim is valid and you are willing to go to trial Insurance companies will offer a fair settlement offer. The settlement process is also more efficient and less risky than a court trial.

It is vital to understand your injuries before you agree to a settlement. You must also 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 reached the level of medical improvement that is the highest. Additionally, you should not sign a release until you've met with your lawyer and have full understanding of your losses. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will go through your medical records, and other documentation to ensure that you are entitled to all the damages you are entitled to.