The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if the insurance company refuses to pay the amount you require for your injuries. The letter will list all of your economic losses such as medical costs and lost wages, as also non-economic damages like pain and discomfort.

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

1. Gathering Evidence

In a case of a car crash lawsuit, proving negligence and liability is crucial to get compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports like police reports and other official reports.

Photographs of the scene of the accident can assist your attorney in determining what actually transpired during the collision, including the positions of both cars after impact, skid marks, road debris and other evidence that is physical. Note down the names and Accident Lawsuit contact information of any witnesses who witnessed the incident. Witnesses that testify to support your version of what transpired is vital as it could be common for drivers to have conflicting versions of what transpired, which can lead to insurance companies refusing to accept the claim or deny responsibility altogether.

Other types of evidence your lawyer could use include medical records. These could include receipts, bills diagnose reports, lab results, discharge instructions, Accident Lawsuit and other documents that show the severity of your injuries. You should get these records as soon as you can and give copies to your healthcare providers.

Another type of evidence your attorney may utilize is a deposition, which is an out-of-court testimonies given under oath and transcribed by a court reporter. Your lawyer could make use of this testimony to prove your injuries were an obvious, predicable connection to the accident. This helps to justify the need for compensation. While the majority of these types of evidence are gathered at the accident scene or soon afterward but some of the evidence might not be accessible until later in the litigation process. It is crucial to contact a lawyer for car accidents with the appropriate credentials as soon as you can so that they can begin an investigation while the evidence is still in its most pure form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, you need to seek legal advice from an expert. A lawyer who has handled car accidents can give you the experience to maximize your compensation.

The first step is to file an application with the court. It will describe your specific claims and the amount you wish to recover in damages. The document is usually written by your attorney and filed with the court and served to the defendant.

It also kicks off the discovery phase that allows both sides to exchange information and evidence that is related to their defenses and claims. The process can be long and requires both parties to examine a variety of documents, including police reports and witness statements, medical records, bills and much more. Each side can ask for interrogatories, which are a set of questions the other party must answer under oath within a set deadline.

In this phase, your lawyer will also collaborate with medical professionals to obtain a full picture of your injuries as well as the impact they've had on your life. Your attorney will calculate the total damages you have suffered including past and future medical expenses and lost earnings, as well as suffering and pain, and more.

Sometimes, your lawyer could be able to negotiate an agreement with the responsible driver's insurance company. This is more likely to happen following discovery, but before trial. If the insurance company doesn't agree to an equitable settlement, or if your losses are significant and not covered by insurance, then you could have to go to trial. A judge or jury will make a decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit in which your attorney and the insurance company of the negligent driver company exchange information that could support or damage your claim. Your attorney will request copies of documents to support your case. These documents include police reports medical bills, as well as work loss documents from your employer (showing how much time you were absent due to the accident) photographs of your vehicle, any injuries or damages and financial information. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to question witnesses and witnesses who are not present.

These tools for discovery in writing are exchanged back and forth between attorneys for both sides. They give the opposing party an opportunity to reply to questions in writing, that must be sworn to in oath and to provide copies of certain documents or other information that may be relevant to your case.

Your Long Island car accident lawyer will also take depositions of witnesses to the accident and also anyone with information regarding your injuries or damage that could be crucial to your case. During a deposition, your lawyer representing the person at fault will ask you questions and your responses are recorded on video by the court reporter or translated.

The purpose of these pre-trial investigation procedures is to assist your lawyer to construct an argument that is persuasive and strong to the party at fault and their insurer so that you can receive a full and fair settlement for your injuries, losses and expenses. Although there is no guarantee that every case will settle however, the majority of cases settle either during or after the discovery process, which can often be completed prior to the time your case goes to trial.

4. Trial

Although the majority of car accident cases settle through out-of-court 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, the case may go to trial. A trial is an official process where both parties are required to present their arguments and evidence to a factfinder who will make an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will be able to provide your version of the events in your opening statements to the jury along with any supporting evidence you may have, such as photographs or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents such as medical bills and police reports. You can also testify about your memories of the incident, and how it affected your life. Expert witnesses can also testify to support your claims. The lawyer representing the defendant can cross-examine the witnesses and object to the admissibility or validity of certain evidence.

At trial, the jury will decide if the plaintiff's injuries were the result of the defendant's negligence. They will be looking at proximate causes, a complex legal concept that law students spend hours studying. Proximate cause considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine the amount of damages you should receive. This is a complicated issue depending on the severity of your injuries and the extent of your losses. Your lawyer will present evidence which includes expert testimony regarding the severity of your injuries as well as lost income and future earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Each state establishes a legal deadline, referred to as the statute of limitations, in which you must settle your claim or start a lawsuit. If your lawyer is unable to negotiate a settlement with the insurer, you may have to start a lawsuit in the courtroom. It's costly and time-consuming. However, it is often necessary to get compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which both sides exchange information with each other). Your lawyer will also file legal documents known as motions that ask the court for certain things, such as excluding certain types of evidence at trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are settled before trial is required.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you are willing to go to trial. In addition, the settlement process is more efficient and less risky than a trial.

Before agreeing to an agreement, it is important that you fully understand the severity of your injuries and that you have completed all medical treatment. You may not receive additional compensation if settling an offer of settlement until your doctor has determined that you have attained the point of maximum improvement. Don't sign a release until you've talked to your lawyer and gained an accurate understanding of your losses. Your lawyer will make sure that you do not lose out on the valuable compensation. They will go through your medical records, as well as other documents, to ensure that you receive all the damages you are entitled to.