The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter if an insurance company is unable to pay the amount you need to cover your injuries. This will list all your economic damages including medical expenses and lost wages, as well as non-economic damages, such as suffering and pain.

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

1. Gathering Evidence

In a lawsuit that involves an accident lawyers in a car, proving negligence is vital to receiving compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports such as police reports, and other official reports.

Photographs of the scene of the accident can help your attorney establish what happened during the accident, including the position of both cars following the impact, skid marks, road debris and other physical evidence. Record the names and contact details of any witnesses who saw what transpired. It is crucial that witnesses confirm the events took place, as it can often happen that drivers offer contradictory accounts that lead to insurance companies refusing or denying the liability.

Medical records can also be utilized by your lawyer in order to prove the severity of your injuries. These documents could include receipts, bills laboratory results, diagnosis reports, discharge instructions and other records. It is important to obtain these documents as soon as is possible and ensure that you send copies to your medical professionals.

A deposition is another form of evidence that your attorney could utilize. This is an out-of the court testimony that is under oath, and then translated by a court reporter. The lawyer can use the testimony to prove that your injuries have had an immediate and predicable connection to the crash, which helps justify requesting compensation for your damages. While the majority of these types of evidence can be collected at the scene of the accident or shortly thereafter however, some evidence may not be available until later in the litigation process. It is crucial to contact a car accident lawyer with the appropriate credentials immediately so that they can begin an inquiry as evidence is in its purest form.

2. Filing a Complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal guidance from an expert. A lawyer for car accidents can give you the experience to maximize your compensation.

The first step is filing 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 drafted by your attorney, and then filed with the court and then served on the defendant.

The discovery phase begins and allows both parties to exchange information about their claims and defenses. The process can take a considerable time and both teams will need to review a lot of documents like police reports and witness statements. They might also have to examine medical documents, bills, and other documents. Each side can request interrogatories. These are a set of questions that the other side must answer under oath within a specified time frame.

Throughout this process, your lawyer will also collaborate with doctors to ensure they have a complete picture of the severity of your injuries as well as the impact they've affected your daily routine. Your attorney will then calculate the total damages you have suffered that include past and future medical expenses as well as lost earnings, pain and suffering, and more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver who is at fault. This is more likely following discovery, but before trial. If the insurance company does not agree to an acceptable settlement, or if your losses are substantial and not covered by insurance, then you may be required to appear in court. A jury or judge will make a decision in the case based on all the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit the attorney representing you 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 police reports, medical bills or work-related loss records (e.g., from your employer that outlines the amount of time you were absent from work due to the accident) photographs of your vehicle and any injuries or damage, and other relevant financial information. Your attorney may also use written discovery tools, such as interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These discovery tools written in writing are sent back and forth between attorneys of both sides. They give the opposing party a chance to respond to questions in writing, which must be answered under oath and to supply copies of certain documents or other information that may be relevant to your case.

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

The pretrial investigation process is designed to assist your lawyer develop a convincing case against the person who is at fault and their insurer in order to obtain an equitable settlement for all your losses, injuries as well as losses, accidents expenses and costs. There is no guarantee of a settlement in each case but the majority of cases do so after or during the investigation process, which is often completed before the trial.

4. Trial

Although the majority of car accident cases are settled through informal negotiations If you and the insurance company are not in agreement about who is to blame or the amount you are entitled to for your injuries, the case may go to trial. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder, who makes a ruling that resolves the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any evidence supporting it including photos or videos of the scene or testimony from witnesses, medical professionals, and documents such as police reports and bills. You can also testify regarding your personal memories of the incident and how it affected your life. Expert witnesses can also offer evidence to support your assertions. The defendant's lawyer can interrogate witnesses and object to the admissibility of evidence.

At trial, the jury will decide if the plaintiff's injuries were caused by the defendant's negligence. They will look at proximate cause an intricate legal concept that lawyers spend countless hours studying during law school. Proximate cause examines the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. It is also a complicated matter because it is based on the severity of your injuries and the extent to which you have suffered. Your lawyer will provide evidence including expert testimony about the severity of injuries that resulted in loss of income and earning potential, as well your pain and suffering and impairment.

5. Settlement

Every state has a deadline that you must meet to settle your claim, or even file a lawsuit. This is referred to as the statutes of limitations. If your lawyer is unable to reach a settlement with the insurer, you could be required to start a lawsuit in the courtroom. It can be expensive and time-consuming, but it is often required to seek compensation.

During the discovery process, accidents your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal procedure where each side exchanges information with each other). Your lawyer will also file legal documents, referred to as motions that ask the court for specific things such as the exclusion of certain types of evidence at trial. Settlement negotiations can go on throughout the entire process, and most car accident civil disputes end before a trial is required to be held.

If they believe your injury claim is valid and you are willing to go to trial the insurance company will offer a fair settlement offer. Settlement is faster and less risky compared to an in-court trial.

Before agreeing to the settlement, it's essential to be aware of the extent of your injuries and have completed all medical treatment. If you accept a settlement prior to your doctor determining that you have reached the maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. Also, you should not sign the release until you've spoken with your lawyer and had an accurate understanding of your damages. Your lawyer will ensure you don't miss out on valuable compensation. They will carefully examine your medical records and other evidence to make sure that you get the full amount of damages to which you are eligible.