The First Steps in Car Accident Litigation

Our determined lawyers will draft an official letter of demand if the insurance company refuses to provide you with the amount you're entitled to for your injuries. This letter will detail all of your economic losses such as medical expenses, lost wages as well as non-economic damages like discomfort and pain.

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

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence and liability is essential to receive compensation for your injuries and losses. Collecting evidence is one the first steps in the litigation process, and it involves gathering documents including photographs, witness statements, and attorneys official reports such as police reports.

Photographs of the scene of the accident might aid your lawyer in determining what actually transpired in the accident lawsuit, including the position of both vehicles after impact, skid marks road debris and other physical evidence. Also, take note of the names and contact details of any witnesses who witnessed the incident. Witnesses who testify that confirm your account of the events is essential as it could be common for drivers to give contradicting reports of what happened, which can lead to insurance companies refusing to accept the claim, or even deny responsibility altogether.

Other forms of evidence your lawyer may use include medical records. These could include receipts, bills diagnose reports, lab results, discharge instructions, and other documentation that demonstrate the extent of your injuries. It is essential to get these records as quickly as you can, and also provide copies to your healthcare professionals.

A deposition is another form of evidence that your attorney could make use of. It's an out-of court testimony under oath and later recorded by a Court Reporter. Your lawyer could use the testimony to prove the fact that your injuries had an immediate and obvious connection to the crash which can help justify the compensation you deserve for your damages. The majority of the evidence listed above can be collected at the scene of the accident or soon after however, some might not be available until much later in the litigation. This is the reason it's essential to speak with a well-credentialed lawyer in the event of a car accident as soon as possible, so that they can begin the investigation while vital evidence is still in its purest form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, seek legal guidance from an expert. A lawyer for car accidents will provide the knowledge and expertise to help you get the most compensation for your claim.

The first step is filing an application with the court. This document will outline your specific claims as well as the amount of money you'd like to claim in damages. The complaint is typically written by your lawyer and filed with the court and served to the defendant.

The discovery phase starts and allows both parties to share information about their claims and defenses. The process can take a long time and both teams may be required to examine a large number of documents, including police reports and witness statements. They may also have to review medical documents, bills, and other documents. Each side can demand interrogatories. They are a series of questions the other party must answer under oath, within a specific deadline.

During this stage, you lawyer will also collaborate with doctors to get a full picture of your injuries as well as the impact that they've caused on your life. Your attorney will calculate your total damages. This will include future and past medical expenses including lost wages, suffering and pain, attorneys and much more.

Your lawyer may be able negotiate a settlement with the insurance company of the driver who is at fault. This will most likely occur after the completion of discovery and before trial. If the insurance company does not agree to a fair settlement or if your losses are significant and are not covered by insurance, then you could be required to appear in court. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident in which your attorney and the insurance company of the negligent driver company exchange information that may support or damage your claim. Your attorney will seek copies of all documents to support your claim. These include police reports as well as medical bills and work loss records from your employer (showing the amount of time you missed due to the accident) photos of your vehicle damaged or injured and other financial details. Your attorney will also make use of documents for discovery in writing, such as interrogatories, requests for production and requests for admissions to interview witnesses and other parties that are not present in the case.

These tools for discovery are exchanged between attorneys on both sides. Written discovery tools allow the opposing party a chance to answer questions in writing that must be answered under oath and to provide copies or other information that may be useful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the collision and also anyone who has information about your injuries or damages that could be relevant to your case. During a deposition lawyer representing the party at fault will ask you several questions, and your responses will be recorded on video or transcribed by a court reporter.

These pretrial investigation processes are designed to assist your lawyer build a compelling case against the person who is at fault and their insurance company in order to get an equitable settlement for all of your injuries or losses, as well as expenses. There is no assurance of a settlement in each case, but most do so after or during the investigation process, which usually concluded prior to the trial.

4. Trial

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

During the trial, your lawyer will present your version of events in opening statements to the jury as well as any other evidence you may have, such as photos or video of the accident scene, witness testimony from bystanders and medical professionals, as well as documents such as medical bills and police reports. You may also offer your testimony regarding your memory of the incident and how it had an impact on your life. Expert witnesses can also testify to support your assertions. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of specific evidence.

The jury will decide during trial whether the plaintiff's harm was the result of the defendant's reckless behavior. They will consider proximate cause which is a tangled legal concept that lawyers have to spend many hours studying in law school. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury also has to decide the amount of damages you're entitled to. This is a more complicated matter due to how severe your injuries are and the severity of your losses. Your attorney will present your evidence that includes expert witness testimony regarding the severity of your injuries, your loss of income, and your future earnings potential in addition to your suffering and pain disfigurement, impairment, and.

5. Settlement

Each state sets a legal deadline, commonly referred to as the statute of limitations in which you must settle your claim or start a lawsuit. If your lawyer is not able to reach a settlement with the insurance company, you may be required to bring a lawsuit to court. This can be time consuming and expensive, yet it is often required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a procedure that is formal in which each side exchanges information with the other). Your lawyer will also submit legal documents, referred to as motions, requesting the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing throughout this process, and most civil disputes arising from car accidents end before a trial needs to be held.

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

It is essential to fully understand your injuries prior to committing to an agreement. You must also have completed all medical treatment. It is possible to lose additional compensation if you accept the settlement before your doctor has concluded that you have reached the point of maximum improvement. You should also not sign a settlement agreement before you've spoken with your lawyer about the damages. Your attorney will ensure that you don't miss out on valuable compensation. They will review your medical records, and other documents to ensure that you are entitled to all of the compensation you're entitled to.