The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if the insurance company is unable to pay the amount you require for your injuries. This will include all of your financial losses such as medical bills and lost wages, as well as non-economic damages, like suffering and pain.

A jury or judge will then make a decision. If they decide in your favor, they will award you damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in the car, proving negligence is vital to receiving compensation for your injuries. The gathering of evidence is one of the first steps of the litigation process, accident compensation claims and it requires gathering documents, photographs, witness testimony as well as official reports like police reports.

Photographs of the scene of the accident could help your attorney establish what actually transpired in the collision, including the location of both cars after impact, skid marks road debris and other evidence that is physical. Also, take note of the names and contact information of any eyewitnesses who saw what occurred. It is crucial that witnesses corroborate the events that were actually happening, as it may often happen that drivers offer contradictory accounts that lead to insurance companies refusing or denying responsibility.

Medical records can also be utilized by your lawyer to prove the extent of your injury. These documents could include receipts, bills, lab results, diagnosis reports, discharge guidelines and other records. You should obtain these records as quickly as you can and give copies to your medical professionals.

Another type of evidence that your attorney may use is a deposition, which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. Your lawyer may make use of this testimony to prove your injuries have a clear, identifiable connection to the accident. This will help justify the need for compensation. While the majority of the above kinds of evidence can be collected at the scene of the accident or within a short time after, some of it might not be available until later in the litigation process. This is why it's crucial to speak with a well-credentialed lawyer in the event of a car accident lawsuits as soon as possible, so that they can begin the investigation while vital evidence is still in its most pure form.

2. The process of filing a complaint

After the dust has settled and you've taken care of your injuries, it's the time to seek legal advice from a professional. An attorney who has handled car accidents can provide the necessary expertise to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims that you are making and how much money you're seeking in damages. This form is usually prepared by an attorney and filed in the court. It is also served on the defendant.

The discovery phase starts, allowing both parties to share information about their defenses and claims. The process can be lengthy and requires both teams to look over a number of documents, including police reports and witness statements medical records, bills and much more. Each side may require interrogatories. These are a series of questions the other party must answer under oath within a set timeframe.

Throughout this process, your lawyer will also work 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 calculate your total damages. This will include any future medical expenses, lost wages, suffering and pain and suffering, and more.

Your lawyer could be able to reach a settlement agreement with the insurance company of the driver who is at fault. This will most likely be the case following the completion of discovery and before trial. If the insurance company doesn't agree to a fair settlement, or if the damages are substantial and not covered by insurance, you may have to go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial step in any car accident case. This is when your attorney and negligent driver's insurer exchange information that could help or undermine your claim. Your attorney will ask for documents that can support your case, including police reports, medical bills, work loss records (e.g. an email from your employer showing how long you missed work due to the accident claims) photographs of your car and any damages or injuries or other pertinent financial information. Your attorney may also employ written discovery tools such as interrogatories or requests for production as well as requests for admissions to question witnesses and other parties that are not in the case.

These tools for discovery are exchanged between attorneys on both sides. They give the opposing side a chance to respond to questions in writing, which need to be answered under oath, and to supply copies of certain documents or other data which could be beneficial to your case.

Your Long Island car accident attorney will also depose witnesses and any other person with information about your injuries or damages that could be vital to your case. In a deposition, the attorney representing the at-fault party will ask you an array of questions and your answers will be recorded on video or transcribed by a court reporter.

The pretrial investigation process is designed to assist your lawyer build a compelling argument against the person at fault and their insurer to get an equitable settlement for all your injuries, expenses and losses. While there is no assurance that all cases will settle but the majority settle during or after the discovery process, which can be completed prior to the time your case goes to trial.

4. Trial

The majority of car accidents are settled through informal negotiations however, if you and your insurance company aren't in agreement on the cause or the amount you should receive for your injuries, your case could be heard in a trial. A trial is a formal process where both parties are required to argue their case and provide evidence before a factfinder who makes a decision to resolve the dispute. In personal injury cases the factfinder is typically a jury.

During the trial, your lawyer will give your account of the events in your opening statements to the jury, together with any evidence that you have, like photos or video of the Accident Compensation Claims scene, witness testimony from witnesses and medical professionals, and documents such as police reports and medical bills. You can also testify about your personal memories of the incident, and how it impacted your life. Expert witnesses can also give evidence to support your claims. The defendant's lawyer can interrogate witnesses and object to admissibility of some evidence.

The jury will decide in the trial whether the plaintiff's injuries was the result of the defendant's negligent behavior. They will consider the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate causes examines the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. This is a more complicated matter because it is contingent on how severe your injuries are and the severity of your losses. Your attorney will present evidence that includes expert testimony regarding the severity of your injuries as well as lost income and future earning potential, in addition to your suffering and impairment.

5. Settlement

Every state has a time limit within which you can resolve your claim or 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 may have to file a car accident lawsuit in court. This could be a lengthy process and expensive, yet it is often necessary to pursue compensation.

During this process the Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and will attend hearings. Your attorney will also make legal filings, also known as motions, asking the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing during this process. A majority of car accident civil disputes are settled before a trial is necessary.

Insurance companies are more likely to offer fair settlement offers if they believe your claim for injury is solid and that you are willing to go to trial. Settlement is more efficient and less risky than an in-court trial.

Before agreeing to the settlement, it's essential to be aware of the extent of your injuries. You must also have completed all medical treatments. It is possible to lose additional compensation if settling the settlement until your physician has confirmed that you have achieved the level of medical improvement that is the highest. Also, you should not sign a release until you have talked to your lawyer and had an accurate understanding of your damages. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will review your medical records and other documentation to ensure that you are entitled to all compensation you're entitled to.