The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount of money you need to cover your injuries, our hard-working lawyers will draft an official demand letter. This will include all of your financial losses, such as medical bills and lost wages, healthndream.com and non-economic damages, like pain and suffering.

A jury or judge will then make a decision. If they come to a decision to your advantage you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving the negligence and liability is key to obtaining compensation for your losses and injuries. Gathering evidence is one of the initial steps in the process of litigation, and it involves gathering evidence, documents including photographs, witness statements as well as official reports, such as police reports.

Photographs of the scene of the accident might assist your attorney in determining what actually happened in the collision, including the positions of both cars following the impact, skid marks, road debris, and other physical evidence. Also, keep track of the names and contact details of any witnesses who witnessed what happened. It is essential that witnesses to verify the events that were actually happening, as it may often be the case that drivers give contradictory statements that result in insurance companies refusing or denial of the liability.

Medical records can also be used by your lawyer to establish the extent of your injury. These documents could include receipts, bills laboratory results, diagnosis reports, discharge directions and other records. You should get these documents as soon as is possible and provide copies to your medical professionals.

Depositions are another form of evidence your lawyer can make use of. It is an out-of court statement made under oath, which is then recorded by a Court Reporter. The lawyer can utilize this testimony to prove that your injuries had a direct, foreseeable link to the accident. This is a good argument to support seeking compensation. Most of the evidence discussed above can be obtained at the site of the accident lawsuit or within a short time however some evidence may not be available until much later in the litigation. This is why it's crucial to contact a reputable car accident lawyer as soon as possible, so that they can begin the investigation while the crucial evidence is in its purest form.

2. How to file a complaint

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

The first step is to file a complaint with court, which outlines the specific claims you're making and the amount you're seeking in damages. This type of document is typically drafted by an attorney, and filed in court. It is also given to the defendant.

The discovery phase starts and allows both parties to exchange information about their claims and defenses. The process can take a long time and requires both sides to look over a number of documents, including police reports, witness statements and medical records, as well as bills and much more. Both sides can request interrogatories. These are a series questions which the other side must answer under oath in an agreed upon timeframe.

In this phase your lawyer will work with medical professionals to ensure they have a complete understanding of the severity of your injuries as well as the impact they've had on your daily life. Your attorney will calculate your total damages that will include past and future medical expenses loss of earnings, suffering and pain and much more.

Sometimes, your lawyer might be able to reach an agreement with the at fault driver's insurance company. This is more likely after discovery and before the trial. If the insurance company refuses an acceptable settlement, or if your losses are important and not covered by insurance, then you might be required to go to trial. A jury or judge will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident in which your attorney and the insurance company of the negligent driver company exchange information that may assist or derail your claim. Your attorney will request copies of the documents supporting your case, such as police reports, medical bills and work loss records (e.g., from your employer that outlines how much time you missed work because of the accident) photos of your vehicle, any injuries or damages as well as other financial information. Your attorney will also use written discovery tools like interrogatories, requests for production and requests for admissions to interview witnesses and parties who are not in the case.

These discovery tools written in writing are circulated back and forth between attorneys from both sides. They give the opposing side an opportunity to reply to questions in writing, that must be sworn to in oath and to provide copies of certain documents or other data which could be beneficial to your case.

Your Long Island car accident lawyer will also depose witnesses to the collision as well as any person who has information about your injuries or damages that could be relevant to your case. In a deposition, webnoriter.com the lawyer representing the party at fault will ask you several questions, and your responses will be recorded on video or translated by a court reporter.

These pretrial investigation procedures are designed to help your lawyer build a compelling case against the person who is at fault and their insurer to negotiate an equitable settlement for all your losses, injuries, expenses and losses. There is no guarantee of a settlement in each case however the majority of cases will settle during or following the investigation process, which is typically completed before the trial.

4. Trial

Trials can be arranged in situations where you and the insurance company are not in agreement regarding the fault of the other party or vimeo.com the amount you should receive for your injuries. A trial is an official proceeding where both parties are required to argue their case and provide evidence before an impartial factfinder who takes a decision on how 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, testimony from witnesses and medical professionals, and documents such as police reports and medical bills. You may also offer your testimony regarding your memory of the incident and how it has impacted your life. Expert witnesses can also testify to back your assertions. The lawyer for the defendant can interrogate witnesses and object to the admissibility of evidence.

In a trial, the jury has to determine if the plaintiff's injuries were the result of the negligence of the defendant. They will examine the proximate cause, a complicated legal concept that law students will spend hours studying. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury is also required to determine how much damages you will be awarded. It's a difficult issue due to the severity of your injuries and the extent to which you have suffered. Your lawyer will present evidence, including expert testimony, about the severity of your injuries as well as lost income and future earning potential, in addition to your pain and suffering as well as impairment.

5. Settlement

Each state has a deadline that you must meet to settle your claim or bring a lawsuit. This is referred to as the statutes of limitations. If your lawyer can't come to a deal with the insurer, you may have to bring a lawsuit to court. It is costly and time-consuming, but this is often necessary to seek compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal process in which parties exchange information with the other side) and be present at hearings. Your lawyer will also make legal filings, also known as motions, requesting the court to do things like exclude certain types of evidence from trial. Settlement negotiations may continue throughout this process, and a majority of 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 claim for injury is solid and you'll be willing to go to trial. Additionally settlement is quicker and less risky than a trial.

It is vital to fully understand your injuries before you agree to an agreement. You must have completed all medical treatments. If you agree to a settlement prior to your doctor determining that you have reached the maximum medical improvement (MMI) then you could be denied additional compensation. You should also not sign the release until you've had a conversation with your lawyer and have a complete understanding of your losses. Your lawyer will make sure that you do not lose out on the valuable compensation. They will scrutinize your medical records as well as other documentation, to ensure that you receive all of the compensation you're entitled to.