The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter in the event that the insurance company refuses to pay the amount you're entitled to for your injuries. This will include all of your financial losses including medical expenses and lost wages, as well as non-economic damages like suffering and pain.

A judge or jury will then make a decision. If they rule to your advantage you will be awarded damages. In addition, the defendant will be 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 photos, documents, witness testimony, official reports like police reports, and other official reports.

Your lawyer may be able to determine what transpired in the incident by taking photographs of the scene, including skid marks road debris, skid marks and other physical evidence. Also, note the names and contact numbers of any eyewitnesses who witnessed what occurred. Witnesses that testify to support your account of what transpired is vital especially as it can be common for drivers to give contradicting reports of what happened, which causes insurance companies to refuse to accept the claim, or even deny any responsibility at all.

Other evidence forms your lawyer could use include medical records, which could include receipts, bills, diagnosis reports, lab results, discharge instructions, and other documents that show the extent of your injuries. You should get these records as soon as possible and provide copies to your medical professionals.

A deposition is a different type of evidence that your attorney could employ. It is an out-of court testimony given under oath and later transcribing by a Court Reporter. Your lawyer could use the testimony to prove that your injuries have an immediate and obvious connection to the accident, which helps justify requesting the compensation you deserve for your damages. Most of the evidence discussed above can be gathered at the scene of the accident or shortly afterwards however, some might not be available until later in the litigation. It is essential to contact a car accident lawyer with the right credentials immediately so that they can begin an inquiry when the evidence is in its most natural form.

2. Filing a Complaint

Once the dust has settled and you've treated your injuries, it's time to seek out legal counsel from an expert. A car accident Law firms attorney will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is to file a complaint with court, which lists the specific claims you're bringing and the amount you are seeking in damages. The document is usually written by your attorney, and then filed with the court, and then served to the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and evidence related to their defenses and claims. The process can be long and requires both parties to go through a myriad of documents including police reports as well as witness statements medical records, bills and more. Each side can ask for interrogatories, which are a series of questions which the other party must answer under oath by a predetermined time frame.

Throughout this process the lawyer will collaborate with medical professionals to ensure they have a complete picture of the severity of your injuries as well as the impact they have affected your daily routine. Your lawyer will then estimate the total damages you have suffered including future and past medical expenses loss of earnings, pain and suffering, and more.

Sometimes, your lawyer might be able to negotiate a settlement with the at-fault driver's insurance company. It is likely to occur following the conclusion of the discovery process and prior to trial. However, if the insurance company is unable to negotiate a fair settlement or if you've sustained significant damage that is not covered by the insurance policy, your case could go to trial. A judge or jury will make a decision in the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident the attorney representing you and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will seek copies of all documents to support your case. These include police reports, medical bills and work loss documents from your employer (showing how much time you missed due to the accident) photographs of your vehicle, any injuries or damages as well as other financial data. Your attorney will also make use of written discovery tools such as interrogatories and requests for production, as well as requests for admissions in order to question witnesses and parties who are not part of the case.

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

Your Long Island car accident attorney will also question witnesses and anyone with information about your injuries or damages that could be crucial to your case. During a deposition, the at-fault party's lawyer will ask you a series of questions, and your answers will be recorded on video or translated by a court reporter.

These pre-trial investigation procedures are designed to assist your lawyer create a compelling case against the person who is at fault and their insurer in order to obtain a fair settlement for all your losses, injuries, expenses and losses. There is no guarantee of a settlement in each case but most occur during or after the investigation process, which usually completed prior to the trial.

4. Trial

Although the majority of car accident cases settle through out-of-court negotiations, if you and the insurance company aren't in agreement on the cause or the amount of compensation you should receive for your injuries, your case could go to trial. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder, who renders a verdict that resolves the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any supporting evidence, such as photos or videos of the scene, testimony from witnesses and medical professionals, as well as documents such police reports and bills. You can also provide testimony regarding your recollection of the incident and how it has affected your life. Expert witnesses can also offer evidence to support your assertions. The attorney for the defendant can cross-examine witnesses and object to the admissibility of specific evidence.

At trial, the jury has to decide if the plaintiff's injuries were caused by the defendant's negligence. They will look at proximate cause which is a complex legal concept that lawyers spend countless hours studying in law school. Proximate causes examines the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also determine how much damages you are entitled to. It's also a complex issue due to the severity of your injuries as well as the amount to which you've suffered. Your lawyer will present evidence including expert testimony from a witness regarding the severity of your injuries, your loss of income and future earnings potential as well as your suffering and pain disfigurement, impairment, and.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations by which you must settle your claim or bring a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you could need to file a car accident lawsuit in the court. It's costly and time-consuming, but it is usually required to obtain compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which each side exchanges information with the other). Your lawyer will also file legal documents, referred to as motions that ask the court for things like the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are resolved before a trial is necessary.

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

Before settling an agreement, it's crucial to fully comprehend the extent of your injuries and that you have completed all medical treatments. It is possible to lose additional compensation if you sign the settlement before your doctor has determined that you have attained the level of medical improvement that is the highest. Additionally, you should not sign a release until you have spoken with your lawyer and had an understanding of all damages. Your attorney will ensure that you do not be denied compensation that is valuable. They will go through your medical records and other documents, to ensure that you receive all compensation you're entitled to.