The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official letter of demand if the insurance company refuses to provide you with the amount you need for your injuries. It will detail all your financial losses such as medical bills and lost wages, as well as non-economic damages like pain and suffering.

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

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is key to obtaining compensation for your injuries and losses. Gathering evidence is among the first steps in the litigation process. it involves gathering documents, photographs, witness testimony as well as official reports, such as police reports.

Your lawyer may be able to determine the circumstances of the accident by taking pictures of the scene, including skid marks, road debris and other physical evidence. Record the names and contact information of any witnesses who were present to witness the events. It is crucial that witnesses who can confirm the events that were actually happening, as it may often be the case that drivers give contradictory stories that lead to insurance companies refusing to accept or deny the responsibility.

Medical records can also be utilized by your lawyer in order to prove the severity of your injury. They could include receipts, bills laboratory results, diagnosis reports, discharge directions and other documents. You should seek these documents as soon as you can and give copies to your healthcare providers.

Another type of evidence your attorney may utilize is a deposition, which is out-of-court testimony given under oath and transcribed by a court reporter. Your lawyer could use the testimony to prove the fact that your injuries had a direct and foreseeable connection to the accident and can be used to justify compensation for your damages. Most of the evidence discussed above is available at the site of the crash or shortly after however, some might not be available until much later in the legal process. This is why it's vital to contact a reputable car accident lawyer as soon as possible so that they can begin an investigation while the crucial evidence is in its purest form.

2. Making a Complaint

After the dust has settled and you have tended to your injuries, it's time to seek out legal counsel from an expert. A car accident lawyer can offer you the knowledge to maximize your compensation.

The first step is filing a complaint with the court. It will describe your specific claims and the amount of money you want to recover in damages. The document is usually written by an attorney and filed in the court. It will also be served to the defendant.

This also begins the discovery phase which allows both sides to exchange information and evidence related to their defenses and claims. The process can be lengthy and requires both teams to go through a myriad of documents including police reports as well as witness statements medical records, bills and much more. Each side is able to request interrogatories. These are a set of questions which the other side must answer under oath in an agreed upon timeframe.

In this phase, your lawyer will also work closely with doctors to get a full picture of your injuries as well as the impact that they've had on your life. Your lawyer will then estimate your total damages, which will include the past and future medical costs loss of earnings, suffering and pain and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the at fault driver's insurance company. This is more likely to happen after discovery and prior to trial. If the insurance company refuses a fair settlement or if the damage is important and not covered by insurance, you may need to go to trial. A jury or judge will make a decision in the case based on all the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident attorney where your lawyer and the insurance company exchange information that could help or hurt your claim. Your attorney will request copies of documents to prove your case. These include police reports, medical bills and work loss documents from your employer (showing the length of time you've missed because of the accident lawsuits) photos of your vehicle as well as any injuries or damages as well as other financial data. Your attorney can also make use of written discovery tools, such as interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.

These written discovery tools are used to exchange information between attorneys on both sides. The tools for writing discovery give the opposing side an opportunity to answer questions in writing which must be answered under oath. It also allows you to provide copies of other information that may be helpful to you.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident and also anyone who has information about your injuries or damages that could be pertinent to your case. During a deposition, your lawyer of the at-fault person will ask you questions and your responses will be recorded on video by the court reporter or translated.

The goal of these pre-trial investigation procedures is to enable your lawyer to present an argument that is persuasive and strong against the at-fault party as well as their insurance company so that you can secure an equitable and fair settlement for your losses, injuries and expenses. While there is no guarantee that all cases settle, the majority do either during or after the discovery process, which is often be completed before your case reaches trial.

4. Trial

While the vast majority of car accident cases are settled through informal negotiations, if you and the insurance company are not in agreement about who is to blame or how much compensation you are entitled to for your injuries, the case may go to trial. A trial is an official proceeding where both parties are required to present their arguments and evidence to an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will give your account of the events in your opening statements to the jury, as well as any other evidence you have, including photos or video of the accident scene, testimony from bystanders and medical professionals, and documents such as police reports and medical bills. You can also testify about your memories of the incident and how it impacted your life. Expert witnesses can also provide evidence to support your claims. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of specific evidence.

At trial, jurors must decide whether the plaintiff's injuries were caused by the defendant's negligence. They will consider proximate cause an intricate legal concept that lawyers spend many hours studying during law school. Proximate cause considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. It's a difficult issue because it is contingent on the degree of your injuries and the extent to which you have suffered. Your attorney will present evidence which includes expert testimony about the severity of your injuries that resulted in loss of income and earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations, by which you must settle your claim or file a lawsuit. If your lawyer can't negotiate a settlement with the insurance company, you may be required to start a lawsuit in the courtroom. It is costly and time-consuming, but it is often required to seek compensation.

During this procedure you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which parties exchange information with the other side) and will attend hearings. Your lawyer will also make legal filings, also known as motions, requesting the court to take actions like exclude certain types of evidence from trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are settled before a trial is needed.

If they believe that your claim is solid and that you are willing to go to trial Insurance companies will offer an honest settlement offer. Settlements are quicker and less risky than a court trial.

It is essential to fully comprehend the extent of your injuries prior to agreeing to the settlement. You must also have completed all medical treatments. It is possible to lose additional compensation if you agree to the settlement before your doctor has confirmed that you have achieved the point of maximum improvement. Also, you should not sign a settlement agreement before you have spoken to your lawyer about your damages. Your lawyer will ensure that you don't miss out on a substantial amount of compensation. They will review your medical records as well as other documents, to ensure that you are entitled to all of the damages for which you qualify.