The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount you need for your injuries, our tenacious lawyers will draft a formal demand letter. It will detail all your financial damages like medical bills and lost wages, and non-economic damages, such as pain and suffering.

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

1. Gathering Evidence

In a lawsuit involving an accident in the car the proof of negligence is essential to obtaining 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 may aid your lawyer in determining what actually happened in the collision, including the location of both cars after impact, skid marks road debris and other physical evidence. Note down the names and contact numbers of any witnesses who saw the incident. It is essential that witnesses corroborate the events that were actually happening, as it may often happen that drivers will give contradictory information that can lead to insurance companies denying or refusing responsibility.

Medical records can also be utilized by your lawyer to establish the severity of your injury. They could include receipts, bills as well as lab results, diagnosis reports, discharge guidelines and other documents. You should obtain these records as soon as you can, and make sure to send copies to your medical professionals.

Depositions are another form of evidence that your attorney may use. It is a non-in court testimony under oath, and then recorded by a Court Reporter. Your lawyer may utilize the testimony to prove that your injuries have an immediate and clear connection to the accident, which helps justify requesting compensation for your damages. Most of the evidence mentioned above can be gathered at the site of the accident or shortly afterwards, but some may not be available until later in the legal process. It's important to contact an attorney in the case of a car crash with the appropriate credentials immediately to start an investigation when the evidence is in its most natural form.

2. Filing a complaint

After the dust has cleared and you've taken care of your injuries, you need to seek legal guidance from an expert. A car accident attorney can provide the expertise needed to ensure you receive the maximum compensation for your claim.

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

The discovery phase starts, allowing both parties to share information about their claims and defenses. The process can take a long time and requires both sides to go through a myriad of documents including police reports witnesses' statements, police reports, medical records, bills and more. Each side can request interrogatories, which are a set of questions which the other party must answer under oath within a set deadline.

In this phase, your lawyer will also collaborate with doctors to gather an accurate picture of your injuries as well as the impact they've affected your life. Your lawyer will then estimate your total damages including the past and future medical costs, lost earnings, pain and suffering and much more.

Sometimes, your lawyer could be able to negotiate an agreement with the responsible driver's insurance company. This is most likely to occur after the completion of discovery, but before trial. However, if the insurance company refuses to negotiate a fair settlement or if you've suffered significant damages that are not covered by the insurance policy, your case could be referred to trial. A jury or judge will decide on the case based on the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is where your attorney and negligent insurer for the driver exchange information that could help or damage your claim. Your attorney will request copies of documents that support your case, such as police reports, medical bills, work loss records (e.g. an email from your employer which reveals how much time you missed work because of the accident attorneys) photos of your vehicle, any injuries or damage or other pertinent financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to ask questions of witnesses and other parties who are not present.

The written discovery tools are distributed back and forth between attorneys from both sides. Written discovery tools allow the opposing side an opportunity to answer questions in writing, which must be answered under oath. They also ask you to provide copies or other information that might be helpful to you.

Your Long Island car accident attorney will also question witnesses and anyone who has information about your injuries or damages that could be essential to your case. During a deposition, your lawyer representing the party at fault will ask you questions and your responses will either be recorded on video by the court reporter or translated.

These pre-trial investigation procedures are designed to help your lawyer create a compelling argument against the person at fault and their insurer in order to negotiate an equitable settlement for all your losses, injuries as well as losses, expenses and costs. There is no assurance of a settlement in each case but the majority of them will settle during or following the investigation process, which is often concluded prior to the trial.

4. Trial

Trials are a possibility in situations when you and the insurance company are not in agreement regarding the fault of the other party or the amount of compensation you should be awarded for your injuries. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder who renders a verdict that settles the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence including photos or videos of the scene, testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also give your testimony regarding your memories of the incident and how it has impacted your life. Expert witnesses can also offer testimony to support your assertions. The lawyer representing the defendant can cross-examine the witnesses and object to the admissibility or validity of certain evidence.

The jury will determine at trial whether the plaintiff's injuries was the result of the defendant's negligent behavior. They will look at the proximate cause, a complicated legal concept that law students spend hours studying. Proximate causes considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. It's also a complex matter because it is based on the degree of your injuries and the amount to which you've suffered. Your lawyer will present evidence that includes expert witness testimony about the severity of your injuries, the loss of income, and your future earnings potential as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Every state has a time limit that you must meet to settle your claim or file an action. This is referred to as the statute of limitations. If your lawyer can't reach a settlement with the insurance company, you may be required to start a lawsuit in the courtroom. It can be lengthy and expensive, yet it is often necessary to pursue compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which parties exchange information with the other side) and also attend hearings. Your attorney will also prepare legal documents, also known as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can continue throughout this process. A lot of car accident civil disputes are settled before a trial is needed.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is strong and that you'll be willing to take the case to trial. In addition the settlement process is more efficient and less risky than a trial.

It is vital to understand the extent of your injuries prior to agreeing to a settlement. It is also important to have completed all medical treatments. You could be denied additional compensation if settling an offer of settlement until your doctor has confirmed that you have achieved the point of maximum improvement. Also, you should not sign the release until you've talked to your lawyer and have a complete understanding of your damages. Your lawyer will ensure that you do not be denied compensation that is valuable. They will carefully review your medical records and other documentation to ensure that you get the full amount of damages to which you are entitled.