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The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you require for your injuries, our tenacious lawyers will draft an official demand letter. This letter will detail all of your financial damages such as medical expenses, lost wages as well as non-economic damages such as discomfort and pain.

A jury or judge will then come to a decision. If they decide in your favor they will make you a victim and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is the most important aspect to obtain compensation for your losses and 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 establish what happened in the accident by taking photos of the scene, including skid marks road debris, skid marks and other physical evidence. Take down the names and contact details of any witnesses who saw the incident. Having witnesses testify that corroborate your version of the events is essential, especially since it can be common for drivers to have conflicting versions of what transpired, which leads to insurance companies refusing to accept the claim or deny any responsibility at all.

Other evidence that your lawyer might use include medical records. These could include bills, receipts diagnostic reports, lab results, discharge instructions, and other evidence that proves the severity of your injuries. You should obtain these records as soon as you can, and also provide copies to your healthcare providers.

A deposition is another form of evidence your lawyer might utilize. It is an out-of the court testimony that is under oath, which is then translated by a court reporter. Your lawyer could use the testimony to prove that your injuries have had an immediate and clear connection to the crash and, therefore, can justify the need for compensation for your damages. Most of the evidence discussed above can be gathered at the scene of the accident or shortly afterwards but some of it may not be available until much later in the litigation. It's important to contact a lawyer for car accidents with the appropriate credentials immediately so they can begin an investigation while the evidence is still in its purest form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, it's best to seek legal guidance 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 an application with the court. This document will outline your specific claims and the amount you'd like to recover in damages. The document is usually written by an attorney, and filed in court. It is also served on the defendant.

This also initiates the discovery phase, which allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a long duration and both teams will be required to examine a large number of documents including police reports and witness statements. They might also have to review medical documents, bills, and other documents. Each side is able to request interrogatories. These are a series questions that the other side has to answer under oath in a specified time frame.

Throughout this stage, your lawyer will also work with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your attorney will calculate your total damages. This includes future and past medical expenses as well as lost wages, pain and suffering and more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver at the fault. This is likely to take place after the completion of the discovery process and prior to trial. If the insurance company is unwilling to offer an equitable settlement, or if your losses are important and not covered by insurance, then you may have to go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is an important phase in any car accident case. It is the point at which your attorney and negligent insurance company of the driver exchange information that could help or undermine your claim. Your attorney will request copies of the documents supporting your case, such as medical bills, police reports as well as work loss records (e.g. documents from your employer showing how much time you missed work due to the accident), photographs of your vehicle and any damage or injuries and other financial information. Your attorney may also employ written discovery tools like interrogatories or requests for production as well as requests for admissions to interview witnesses and other parties that are not present in the case.

These tools for discovery are exchanged between attorneys from both sides. Written discovery tools allow the opposing party a chance to respond to questions in writing that must be answered under oath. They also ask you to provide copies of other information that could be useful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the accident, as well as anyone with information on your injuries or damages that could be pertinent to your case. During a deposition the lawyer representing the person at fault will ask you questions, and your answers could be recorded on video by a court reporter or transcribing.

These pretrial investigation processes are designed to help your lawyer create a compelling case against the responsible party and their insurance company in order to negotiate an equitable settlement for all of your injuries, expenses and losses. There is no assurance of a settlement in every case, but the majority of cases do so after or during the investigation process, which is often done prior to trial.

4. Trial

Although the majority of car accident cases are resolved through informal negotiations, if you and the insurance company are not in agreement about who is to blame or the amount you should receive for your injuries, the case may go to trial. A trial is a formal process where both parties are required to present their arguments and evidence to a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any supporting evidence, such as photos or videos of the scene of the accident witness testimony, statements from witnesses and medical professionals, as well as documents such police reports and bills. You may also testify about your memory of the incident and how it impacted your life. Expert witnesses can also give testimony to support your claims. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of specific evidence.

The jury will decide in the trial whether the plaintiff's harm was the result of the defendant's negligent conduct. They will examine the proximate causes, which is a complicated legal concept that law students will spend hours studying. Proximate cause examines the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury must also decide the amount of damages you are entitled to. It's also a complex issue because it depends on the severity of your injuries as well as the amount to which you've suffered. Your lawyer will present evidence including expert testimony regarding the severity of your injuries, lost income and future earning potential, as well the extent of your suffering and impairment.

5. Settlement

Every state has a time limit to resolve your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you could need to file a car accident law firm lawsuit in the court. This could be a lengthy process and expensive, yet it is often required to seek compensation.

During this procedure the Long Island personal injury lawyer will be involved in discovery (a formal procedure in which parties exchange information with the other side) and be present at hearings. Your lawyer will also file legal documents, referred to as motions to request the court for certain things, such as the exclusion of certain types of evidence at trial. Settlement negotiations can be ongoing throughout the entire process, and most civil disputes in car accidents settle before a trial has to be held.

If they believe that your claim is valid and you are willing to go to trial the insurance company will offer an honest settlement offer. Additionally the settlement process is quicker and less risky than a trial.

Before settling an agreement, it is important to understand the extent of your injuries and completed all medical treatment. If you agree to a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI) and you are not able to not receive additional compensation. Also, you should not sign a contract before you have spoken with your lawyer regarding your damages. Your attorney will ensure that you do not miss out on valuable compensation. They will scrutinize your medical records as well as other documents to ensure that you are entitled to all the damages that you are entitled to.