The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you need to cover your injuries, our hard-working attorneys will prepare an official demand letter. It will detail all your financial damages including medical expenses and lost wages, and non-economic damages, like pain and suffering.

Then a jury or judge will decide. If they decide in your favor you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving an accident in the car, proving negligence is vital in obtaining compensation for your injuries. Collecting evidence is one the first steps in the litigation process. it involves gathering evidence, documents, photographs, witness testimony, and official reports, such as police reports.

Photographs of the scene of the accident could help your attorney establish what happened during the collision, including the location of both vehicles after impact, skid marks, road debris and other evidence that is physical. Record the names and contact details of any witnesses who were present to witness what transpired. It is essential that witnesses confirm the events took place, as it can often be the case that drivers provide contradictory stories that lead to insurance companies denying or refusing responsibility.

Medical records can also be used by your lawyer in order to prove the severity of your injuries. These records could include bills, receipts, lab results, diagnosis reports, discharge guidelines and other records. It is important to obtain these records as soon as you can and send copies to your healthcare providers.

Another form of evidence that your attorney may employ is a deposition which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. The lawyer can utilize the testimony to prove that your injuries have an immediate and clear connection to the accident, which helps justify requesting the compensation you deserve for your damages. Most of the evidence mentioned above is available at the scene of the accident or within a short time, but some may not be available until later in the litigation. It's crucial to speak with a car accident lawyer with the appropriate credentials as soon as you can so that they can begin an inquiry as evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you've treated your injuries, it's time to seek professional legal advice. An attorney for car accidents can provide the expertise needed to help you obtain maximum compensation for your claim.

The first step is to file a complaint with court, which details the specific claims that you are making and how much money you're seeking in damages. The document is usually drafted by your attorney and filed with the court, and then served to 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 examine a variety of documents, including police reports, witness statements medical records, invoices and much more. Each side may ask for interrogatories, which are a set of questions that each party must answer under oath within a specified timeframe.

In this stage, Accident lawsuit your lawyer will also collaborate with doctors to ensure that they have a complete understanding of the severity of your injuries and the impact they've had on your daily life. Your lawyer will determine your total damages. This includes future and past medical expenses, lost wages, suffering and pain, and much more.

Sometimes, your lawyer could be able to negotiate a settlement with the at-fault driver's insurance company. It is likely to occur after the completion of discovery and prior to trial. If the insurance company is unwilling to offer an equitable settlement, or if the damage is significant and not covered by insurance, then you may have to go to trial. A judge or jury will make a final decision in the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident law firm lawsuit, where your attorney and the insurance company exchange information that may support or damage your claim. Your attorney will ask for accident lawsuit copies of documents to support your claim. These include police reports as well as medical bills and work loss documents from your employer (showing the amount of time you were absent due to the accident) photographs of your vehicle as well as any injuries or damages and financial information. Your attorney may also employ written discovery tools such as interrogatories, requests for production and requests for admissions to interview witnesses and other parties who are not part of the case.

These written discovery tools are exchanged between attorneys on both sides. The written discovery tools give the opposing party a chance to respond to questions in writing which must be answered under oath. It also allows you to provide copies of other information which could be helpful to you.

Your Long Island car accident attorney will also question witnesses and any other person with information about the damages or injuries you sustained that could be vital to your case. During a deposition lawyer for the person who is at fault will ask you a series of questions, and your responses will be recorded on video, or transcribed by a court reporter.

These pretrial investigation processes are designed to help your lawyer construct a compelling case against the person who is at fault and their insurer to obtain a fair settlement for all your injuries or losses, as well as expenses. Although there is no guarantee that all cases will settle, the majority do during or after the discovery process, which may be completed before the trial.

4. Trial

Trials are a possibility in situations where you and the insurance company do not agree about who is at fault or the amount you are entitled to for your injuries. A trial is a formal process where both parties are required to argue and present evidence to a factfinder who makes a decision on how to settle the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence like photos or videos of the scene of the accident or testimony from witnesses, medical professionals, or documents like police reports and bills. You may also testify about your memory of the incident, and how it affected your life. Expert witnesses can also testify to back your claims. The attorney for the defendant can interrogate witnesses and contest the admissibility of specific evidence.

In a trial, the jury will decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will examine proximate cause which is a tangled legal concept that lawyers will spend many hours studying in law school. 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're entitled to. It's also a complicated matter because it is based on the severity of your injuries and the extent to which you've suffered. Your lawyer will present evidence, including expert witness testimony on the severity of your injuries, your loss of income, and your future earnings potential and your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state has a specific deadline by which you can settle your claim, or even file a lawsuit. This is referred to as the statute of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you might need to file a car accident lawsuit in court. It can be lengthy and expensive, but it is usually necessary to pursue compensation.

During this process, your Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and also attend hearings. Your lawyer will also prepare legal documents, also known as motions, asking the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout this process. A majority of car accident civil disputes are settled prior to a trial.

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

It is crucial to be aware of your injuries prior to a settlement. You must also have completed all medical treatments. If you agree to a settlement before your doctor determines that you have reached your maximum medical improvement (MMI), you could not be eligible for additional compensation. Additionally, you should not sign a release until you have met with your lawyer and gained full understanding of your losses. Your attorney will ensure that you don't miss out on valuable compensation. They will scrutinize your medical records, as well as other documents to ensure that you receive all the damages for which you qualify.