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The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter in the event that the insurance company is unable to pay the amount you need for your injuries. The letter will list all of your financial damages like medical expenses and lost wages as also non-economic damages such as discomfort and pain.

Then, a judge or jury will decide. If they come to a decision in your favor you will be awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving an accident in the car, proving negligence is vital to receive compensation for your injuries. Gathering evidence is among the first steps of the process of litigation, and it involves collecting documents witnesses' testimony, photographs as well as official reports like police reports.

Photographs of the scene of the accident may help your attorney establish what actually transpired in the crash, including the position of both cars following the impact, skid marks, road debris and other evidence that is physical. Take down the names and phone numbers of any witnesses who witnessed what transpired. Witnesses that testify to support your account of what transpired is vital as it could be common for drivers to have conflicting versions of what transpired, which leads to insurance companies refusing to accept the claim or denying the responsibility completely.

Other types of evidence your lawyer might use include medical records, which may include receipts, bills diagnose reports, lab results, discharge guidelines, and other evidence that demonstrates the extent of your injuries. You should get these records as soon as you can and give copies to your healthcare professionals.

A deposition is a different type of evidence that your attorney could utilize. It is a non-in court statement made under oath and later recorded by a Court Reporter. Your lawyer can make use of the testimony to prove that your injuries had an immediate and predicable connection to the crash, which helps justify requesting the compensation you deserve for your damages. Most of the evidence discussed above is available at the site of the accident law firms or within a short time, but some may not be available until much later in the legal process. This is why it's important to speak with a well-credentialed lawyer for car accidents as soon as you can, so they can begin investigating while vital evidence is still in its purest form.

2. Making a Complaint

Once the dust has settled and you've taken care of your injuries, it's the time to seek out legal counsel from an expert. An attorney for car accidents can provide the necessary expertise to ensure that you receive 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 how much money you are seeking in damages. This document is usually drafted by an attorney and filed in the court. It is also given to the defendant.

It also kicks off the discovery phase which allows both sides to exchange information and evidence related to their claims and defenses. The process can take a long time and requires both teams to look over a number of documents, including police reports as well as witness statements and medical records, as well as bills and more. Each side may request interrogatories. These are a series of questions which the other side must answer under oath in the specified timeframe.

During this stage, you lawyer will also collaborate with your doctor to get the full picture of your injuries and the impact that they've affected your life. Your attorney will calculate your total damages that include future and past medical expenses, lost earnings, pain and suffering, and more.

Sometimes, your lawyer could be able to reach an agreement with the at-fault driver's insurance company. This is more likely to happen after discovery and before the trial. If the insurance company refuses a fair settlement or if your damages are important and not covered by insurance, you may have to go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident lawyers the attorney representing you and the negligent driver's insurance company exchange information that could aid or hinder your claim. Your attorney will seek copies of all documents that support your case. This includes police reports medical bills, as well as work loss records from your employer (showing the amount of time you've missed due to the accident) photos of your vehicle as well as any injuries or damages and other financial details. Your attorney will also use written discovery tools like interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties who aren't present in the case.

These discovery tools written in writing are distributed back and forth between attorneys of both sides. The written discovery tools give the opposing side an opportunity to respond to questions in writing that must be answered under oath. They also ask you to provide copies or other information which could be useful to you.

Your Long Island car accident attorney will also depose witnesses and anyone who has information about your injuries or damages that could be essential to your case. During a deposition, the lawyer for the person who is at fault will ask you an array of questions and your answers will be recorded on video or transcribing by a court reporter.

The purpose of these pretrial investigation processes is to assist your lawyer to construct an effective and convincing argument to the party at fault and their insurer, 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 however, the majority of cases settle in the course of or following the discovery process, which can often be completed before your case reaches trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations, if you and the insurance company do not agree on who is at fault or the amount of compensation you should receive for your injuries, your case could be heard in a trial. A trial is a formal process in which both sides argue and present evidence to a factfinder who will make an decision on how to resolve the dispute. 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 together with any evidence you have, including photos or video of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents such as police reports and medical bills. You can also give your testimony about your memories of the incident and how it affected your life. Expert witnesses can also testify to support your claims. The defendant's attorney can cross-examine witnesses and object to the admissibility of specific evidence.

The jury will decide during trial if the plaintiff's injury was the result of the defendant's negligent behavior. They will look at the proximate causes, which is a complicated legal concept that law school students spend hours studying. Proximate causes considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you will be awarded. It's a difficult issue because it depends on the severity of your injuries and the extent to which you have suffered. Your attorney will provide evidence that includes expert testimony about the severity of your injuries as well as lost income and future earning potential, in addition to your pain and suffering as well as impairment.

5. Settlement

Every state has a legal deadline, referred to as the statute of limitations, by which you must settle your claim or file a lawsuit. If your lawyer cannot negotiate a settlement with your insurance company, you may be required to file a lawsuit in court. This could be a lengthy process and expensive, yet it is usually necessary to pursue compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and will attend hearings. Your lawyer will also file legal documents, referred to as motions to request the court for specific things such as the exclusion of certain types of evidence in trial. Settlement negotiations can go on throughout the entire process, and many civil disputes arising from car accidents end before a trial can be held.

If they believe that your injury claim is valid and you are willing to go to trial insurance companies will make an honest settlement offer. In addition the settlement process is more efficient and less risky for them than a trial.

Before you agree to an agreement, it is essential to be aware of the extent of your injuries and completed all medical treatments. If you settle before your doctor has determined you have reached maximum medical improvement (MMI) then you could miss out on additional compensation. Don't sign a contract before you have spoken with your lawyer about your injuries. Your lawyer will make sure that you don't miss out on a substantial amount of compensation. They will carefully examine your medical records as well as other documents to ensure that you get the full amount of damages to which you are entitled.