The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you require for your injuries, our tenacious lawyers will draft a formal demand letter. This will outline all your financial losses, such as medical bills and lost wages, and non-economic damages, such as pain and suffering.

A judge or jury will then come to a decision. If they decide in your favor, they will be able to award you damages, and the defendant must pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident law firm could help your attorney establish what actually transpired in the accident, including the position of both cars after collision, skid marks, road debris, and other physical evidence. Note down the names and contact numbers of any witnesses who saw what transpired. Witnesses who testify to corroborate your version of events is important especially as it can be common for drivers to give contradicting versions of what transpired, which leads to insurance companies refusing to accept the claim or even denying the responsibility completely.

Medical records can also be used by your lawyer to prove the extent of your injury. These records could include receipts, bills, lab results, diagnosis reports, discharge directions and other documents. You should obtain these records as soon as you can and send copies to your medical professionals.

Depositions are another form of evidence your lawyer may make use of. This is an out-of court testimony given under oath and later transcribed by a Court Reporter. The lawyer can make use of the testimony to prove that your injuries have had an immediate and obvious connection to the accident and can be used to justify compensation for your losses. While most of the above-mentioned types of evidence are gathered at the accident scene or shortly thereafter, some of it might not be available until later in the litigation process. This is why it's crucial to talk to a reputable car accident lawyer as soon as possible so that they can begin an investigation when the evidence is in its purest form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, it's time to seek legal advice from a professional. A car accident 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 the court. This will outline your specific claims and the amount you want to recover in damages. The complaint is typically written by your lawyer and filed with the court and served on the defendant.

The discovery phase starts, allowing both parties to exchange information regarding their claims and defenses. The process can be lengthy and requires both teams to review many documents, including police reports and witness statements medical records, bills and much more. Both sides can request interrogatories. These are a series of questions which the other side must answer under oath in the specified timeframe.

In this phase, your lawyer will also collaborate with doctors to ensure they have a complete picture of the severity of your injuries and the impact they have affected your daily routine. Your lawyer will determine the total damages. This will include any future medical expenses including lost wages, suffering and pain, and much more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver who is at the fault. This will most likely occur after the completion of discovery and before trial. However, if the insurance company is unable to provide a fair settlement or if you've sustained significant damages that are not covered by the insurance policy, your case may go to trial. A judge or jury will make a final decision in the case based on the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit where your lawyer and the insurance company exchange information that could help or hurt your claim. Your attorney will ask for copies of the documents supporting your case, including medical bills, police reports and work loss records (e.g. an email from your employer showing how much time you missed work because of the accident) photos of your vehicle as well as any injuries or damage or other pertinent financial information. Your lawyer will also make use of documents for discovery in writing, such as interrogatories and requests for production, as well as requests for admissions to interview witnesses and parties who are not part of the case.

These written discovery tools are shared between attorneys on both sides. They provide the opposing party an opportunity to reply to questions in writing, which need to be answered under oath and to supply copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident and also anyone with information regarding your injuries or damages that could be relevant to your case. In a deposition, the lawyer representing the person at fault will ask you questions, and your answers could be recorded on video by the court reporter or translated.

The pretrial investigation process is designed to help your lawyer develop a convincing case against the responsible party and their insurance company in order to get an equitable settlement for all of your injuries or losses, as well as expenses. Although there is no guarantee that all cases settle however, the majority settles at the end of or following the discovery process, which can often be completed before the case is brought to trial.

4. Trial

The majority of car accident cases settle through negotiations outside of court If you and the insurance company aren't in agreement on the cause or the amount of compensation you are entitled to for your injuries, the case may go to trial. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder, who renders a verdict that settles the issue. In personal injury cases, the factfinder is usually a jury.

During the trial, your 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, witness testimony from people who witnessed the accident and medical professionals, as well as documents like medical bills and police reports. You may also testify on your personal memories of the incident and how it impacted your life. Expert witnesses can also testify to back your claims. The lawyer representing the defendant can cross-examine witnesses and Accident attorney object to the admissibility of evidence.

The jury will decide during trial whether the plaintiff's injuries was the result of the defendant's reckless behavior. They will examine proximate cause which is a complex legal concept that lawyers have to spend many hours studying during law school. Proximate causes examines the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you're entitled to. This is a more complicated matter depending on the severity of your injuries and the severity of your losses. Your lawyer will present your evidence that includes expert witness testimony regarding the severity of your injuries, the loss of income, and your future earnings potential, as well as your pain and suffering disfigurement, impairment, and.

5. Settlement

Each state has a deadline to settle your claim, or even file an action. This is referred to as the statutes of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you could have to file a car accident lawsuit in the court. It can be time-consuming and expensive, but it is usually required to seek compensation.

During this process the Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents, referred to as motions to request the court to consider the exclusion of certain types of evidence during trial. Settlement negotiations can go on throughout the process, and a majority of car accident civil disputes end before a trial can be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is solid and that you will be willing to take the case to trial. Settlement is faster and less risky than a court trial.

Before agreeing to an agreement, it is crucial to fully comprehend the extent of your injuries. You must also have completed all medical treatments. If you agree to a settlement before your doctor has determined you have reached your maximum medical improvement (MMI) then you could miss out on additional compensation. Also, you should not sign a release until you've spoken with your lawyer regarding your damages. Your attorney will ensure that you don't lose out on the valuable compensation. They will scrutinize your medical records and other documentation to ensure that you receive all of the damages that you are entitled to.