The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you require for your injuries, our determined lawyers will draft a formal demand letter. This will list all your economic damages including medical expenses and lost wages, and non-economic damages, like pain and suffering.

A judge or jury will then come to a decision. If they make a decision in your favor you will be awarded damages. In addition, the defendant will be required to pay them.

1. Gathering Evidence

In a car accident attorney lawsuit, proving negligence and liability is crucial to get compensation for your injuries and losses. Gathering evidence is one of the first steps in the litigation process, and it involves gathering evidence, documents, photographs, witness testimony and official reports, such as police reports.

Your attorney may be able to establish what transpired in the accident by taking photographs of the scene, including skid marks, road debris and other physical evidence. Also, firm note the names and contact details of any eyewitnesses who saw the incident. Witnesses who testify that confirm your account of events is important as it could be common for drivers to have contradictory versions of what transpired, which causes insurance companies to refuse to accept the claim or deny the responsibility completely.

Medical records can also be utilized by your lawyer to establish the severity of your injury. These records could include receipts, bills, lab results, diagnosis reports, discharge directions and other documents. It is important to obtain these records as quickly as you can and send copies to your healthcare providers.

A deposition is yet another type of evidence your lawyer could use. It is a non-in court statement made under oath. It is then translated by a court reporter. The lawyer can utilize the testimony to prove that your injuries have an immediate and clear connection to the crash which can help justify 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 car accident lawyer with the right credentials as soon as you can so they can begin an inquiry while the evidence is in its most natural form.

2. Filing a Complaint

After the dust has settled and you have tended to your injuries, it's the time to seek legal advice from a professional. An attorney for car accidents can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint in court, which details the specific claims that you are making and the amount you're seeking in damages. This document is typically drafted by your attorney, and then filed with the court and served on the defendant.

It also kicks off the discovery phase which allows both sides to exchange information and evidence that is related to their claims and defenses. The process can take a long time and both teams will be required to examine a large number of documents including police reports and witness statements. They might also need to look at medical documents, bills, and other documents. Each side can require interrogatories. These are a set of questions the other party must answer under oath by a predetermined deadline.

During this stage, you lawyer will also collaborate with doctors to gather an accurate picture of your injuries and the impact they've had on your life. Your lawyer will determine your total damages. This will include future and past medical expenses, lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer could be able to reach an agreement with the at fault driver's insurance company. This is likely to occur after the completion of discovery and firm prior to trial. If the insurance company refuses to negotiate a fair settlement or if you've suffered significant damages that are not covered by the insurance policy, your case could be referred to trial. A jury or judge will make a decision in the case based on the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. This is the time when your attorney and negligent insurer of the driver exchange information that could support or damage your claim. Your attorney will ask for copies of the documents supporting your case, such as police reports, medical bills as well as work loss records (e.g. the records from your employer which reveals the amount of time you were absent from work due to the accident), photographs of your vehicle as well as any injuries or damage and other financial information. Your attorney may also employ written discovery tools such as interrogatories or requests for production as well as requests for admissions to interview witnesses and parties who are not in the case.

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

Your Long Island car accident lawyer will also depose people who are witnesses to the accident and also any person who has information about your injuries or damages that could be important to your case. During a deposition, firm the attorney representing the at-fault party will ask you a series of questions, and your answers will be recorded on video or transcribed by a court reporter.

These pre-trial investigation procedures are designed to help your lawyer build a compelling case against the person who is at fault and their insurance company in order to negotiate a fair settlement for all of your damages and losses, costs and expenses. Although there is no guarantee that all cases will settle however, the majority settles during or after the discovery process, which can often be completed prior to the time your trial.

4. Trial

Trials are possible where you and the insurance company disagree on the source of your fault or the amount of compensation you should receive for your injuries. A trial is a formal hearing in which both sides present arguments and evidence to a factfinder, who makes a decision that settles the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will be able to provide your version of the events in opening statements to the jury together with any evidence you may have, such as images or videos of the accident scene, witness testimony from witnesses and medical professionals, as well as documents such as medical bills and police reports. You can also testify regarding your personal memories of the incident and how it impacted your life. Expert witnesses can also offer evidence to support your assertions. The lawyer for the defendant can cross-examine the witnesses and object to the admissibility of certain evidence.

In a trial, jurors must determine if the plaintiff's injuries were caused by the defendant's negligence. They will examine proximate cause which is a tangled legal concept that lawyers have to spend many hours studying in law school. Proximate cause considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury is also required to decide how much compensation you should receive. It is also a complicated matter because it is based on the severity of your injuries as well as the extent to which you've suffered. Your lawyer will present evidence including expert testimony from a witness regarding the severity of your injuries, the loss of income, as well as future earnings potential and your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Every state has a time limit to settle your claim, or even file a lawsuit. This is referred to as the statutes of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you may be required to file a vehicle accident lawsuit in court. It's costly and time-consuming, but it is usually required to obtain compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges 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 things like not allowing certain types of evidence during trial. Settlement negotiations can go on throughout this process, and many car accident civil disputes end before a trial can be held.

If they believe your injury claim is solid and that you are willing to go to trial the insurance company will offer an acceptable settlement offer. In addition, settlement is quicker and less risky for them than a trial.

Before agreeing to an agreement, it is essential to be aware of the severity of your injuries and completed all medical treatment. If you settle before your doctor has determined you have reached your maximum medical improvement (MMI) it is possible to not be eligible for additional compensation. Don't sign a settlement agreement before you have consulted with your lawyer regarding your damages. Your lawyer will ensure that you do not get a poor deal on compensation. They will look over your medical records, and other documentation, to ensure that you receive all of the compensation you're entitled to.