The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you require for your injuries, our persistent attorneys will prepare a formal demand letter. It will detail all your economic damages like medical bills and lost wages, as well as non-economic damages like suffering and pain.

A judge or jury will then make a ruling. If they rule in your favor, you will be awarded damages, and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident, proving negligence is crucial to receive compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents, witness testimony, official reports like police reports and other official reports.

Your attorney might be able to determine what transpired in the incident by taking photographs of the scene, including skid marks road debris, skid marks and other physical evidence. Also, note the names and phone numbers of any eyewitnesses who witnessed what occurred. Witnesses that testify to support your account of events is important especially as it can be common for drivers to have conflicting accounts of what happened that causes insurance companies to refuse to accept the claim or even denying any responsibility at all.

Medical records can also be utilized by your lawyer to establish the severity of your injuries. These records could include receipts, bills as well as lab results, diagnosis reports, discharge directions and other documentation. You should seek these records as soon as you can, and make sure to give copies to your medical professionals.

Another type of evidence that your attorney may utilize is a deposition, which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. Your lawyer can utilize the testimony to prove that your injuries had an immediate and obvious connection to the accident, which helps justify requesting the compensation you deserve for your damages. Although the majority of the above types of evidence are collected at the scene of the accident or within a short time after however, some evidence may not be available until later in the litigation process. This is the reason it's essential to contact a reputable lawyer in the event of a car accident as soon as possible so that they can begin an investigation while the crucial evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, it's the time to seek expert legal advice. A car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is filing an application with the court. The complaint will detail your specific claims as well as the amount of money you'd like to claim in damages. This type of document is typically drafted by an attorney and then filed in court. It is also delivered to the defendant.

The discovery phase begins, allowing both parties to exchange information regarding their claims and defenses. The process can be very long and requires both teams to examine a variety of documents, including police reports as well as witness statements, medical records, bills and more. Each side can request interrogatories. These are a set of questions which the other side has to answer under oath within an agreed upon timeframe.

In this stage your lawyer will work with doctors to ensure that they have a complete picture of the seriousness of your injuries and the impact they have had on your daily life. Your attorney will calculate your total damages. This includes future and past medical expenses and lost wages, as well as suffering and pain, and much more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver at the fault. This is more likely to happen following discovery, but before trial. If the insurance company is unwilling to offer an acceptable settlement, or if the damages are significant and not covered by insurance, then you may be required to appear in court. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident in which your attorney and the insurance company exchange information that could assist or derail your claim. Your attorney will ask for documents that can support your case, including medical bills, police reports as well as work loss records (e.g. an email from your employer which reveals the amount of time you were absent from work because of the accident) photographs of your vehicle and any damage or injuries as well as other financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to question witnesses and witnesses who are not present.

These written discovery tools are used to exchange information between attorneys on both sides. They provide the opposing party a chance to respond to questions in writing, which have to be answered under oath, and to provide copies of certain documents and other information which could be beneficial to your case.

Your Long Island car accident law firm attorney will also question witnesses and anyone who has information regarding your injuries or damages which could be crucial to your case. During a deposition, your lawyer representing the person at fault will ask you questions and your answers are recorded on video by a court reporter or transcribing.

These pretrial investigation procedures are designed to assist your lawyer build a compelling case against the at-fault person and their insurer in order to obtain a fair settlement for all of your damages, expenses and Accident Law Firms losses. There is no assurance of a settlement in each case however the majority of cases occur during or after the investigation process, which usually concluded prior to the trial.

4. Trial

Trials are possible where you and the insurance company are not in agreement on the source of your fault or the amount you should be awarded for your injuries. A trial is a formal proceeding where both sides present arguments and evidence to a factfinder, who renders a verdict that settles the issue. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will be able to provide your version of the events in your opening statements to the jury as well as any other evidence you may have, such as photographs or videos of the accident scene, testimony from bystanders and medical professionals, and documents like medical bills and police reports. You can also offer testimony regarding your memory of the incident and how it has affected your life. Expert witnesses can also testify to support your assertions. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

The jury will determine at trial whether the plaintiff's injury was the result of the defendant's negligent conduct. They will consider proximate cause which is a complex legal concept that lawyers will spend many hours studying in law school. Proximate cause examines 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 are entitled to. It is also a complicated issue because it depends on the severity of your injuries as well as the degree to which you've suffered. Your lawyer will provide evidence that includes expert testimony regarding the severity of injuries as well as lost income and future earnings potential, as also your suffering and impairment.

5. Settlement

Each state has a specific deadline by which you can settle your claim or file an action. 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 might be required to file a vehicle accident Law firms lawsuit in court. This can be time consuming and costly, however it is usually necessary to pursue 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 one another). Your attorney will also file legal documents, known as motions, asking the court to do things like excluding certain types of evidence from trial. Settlement negotiations may continue throughout the process, and a lot of car accident civil disputes end before a trial can be held.

If they believe your injury claim is valid and you are willing to go to trial insurance companies will make a fair settlement offer. Additionally the settlement process is faster and less risky than a trial.

It is vital to be aware of the extent of your injuries prior to agreeing to the settlement. You must also have completed all medical treatment. You could be denied additional compensation if you accept a settlement until your doctor has determined that you have attained the maximum level of improvement in your medical condition. Additionally, you should not sign an agreement until you have had a conversation with your lawyer and gained full understanding of your losses. Your lawyer will ensure you don't miss out on valuable compensation. They will go through your medical records and other documents to ensure that you are entitled to all the damages for which you qualify.