The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount of money you need for your injuries, our determined lawyers will draft an official demand letter. This will outline all your financial damages such as 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, they will give you damages and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving liability and negligence is essential to receive compensation for your losses and 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.

Photographs of the scene of the accident lawyers might aid your lawyer in determining what actually happened in the collision, including the location of both cars after impact, skid marks, road debris and other evidence that is physical. Note down the names and contact information of any eyewitnesses that witnessed what transpired. It is essential that witnesses to verify the events that occurred, as it can often be the case that drivers will give contradictory statements that result in insurance companies refusing to accept or deny the liability.

Other evidence forms your lawyer may use include medical records, which could include bills, receipts diagnose reports, lab results, discharge instructions and other evidence that proves the extent of your injuries. It is essential to get these records as soon as possible and provide copies to your healthcare providers.

Depositions are another form of evidence your lawyer may make use of. It is a non-in court statement made under oath and later recorded by a Court Reporter. Your lawyer could make use of this testimony to prove your injuries have an obvious, predicable connection to the accident. This helps to justify seeking compensation. Although the majority of the above types of evidence are taken at the scene of the accident or shortly afterward, some of them may not be available until later in the litigation process. It is crucial to contact a car accident lawyer with the right credentials as soon as you can to begin an investigation while the evidence is still in its most pure form.

2. Making 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 car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint in court, which outlines the specific claims that you have filed and the amount of money you're seeking in damages. The document is usually drafted by your attorney, and then filed with the court, and then served to the defendant.

This also triggers the discovery phase that allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can take a considerable time and both teams will be required to examine a large number of documents, including police reports and witness statements. They may also have to examine medical documents as well as bills and other documents. Both sides can request interrogatories. These are a set of questions which the other side must answer under oath in the timeframe specified.

In this phase, your lawyer will also collaborate with your doctor to get a full picture of your injuries and the impact that they've affected your life. Your attorney will then calculate your total damages including future and past medical expenses, lost earnings, suffering and pain, and more.

Sometimes, your lawyer could be able to reach an agreement with the at-fault driver's insurance company. This is more likely after discovery and prior to trial. If the insurance company is unable to provide a fair settlement or if you've sustained significant damages that are not covered by the insurance policy, the case may move forward to trial. A judge or jury will make a decision in the case based on all the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. It is the point at which your attorney and the negligent insurer of the driver exchange information that could help or undermine your claim. Your attorney will ask for copies of documents to support your claim. These include police reports, medical bills and work loss documents from your employer (showing the length of time you've missed due to the accident) photographs of your vehicle damaged or injured as well as other financial data. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and other parties who are not present.

The written discovery tools are sent back and forth between the attorneys on both sides. They give the opposing side the chance to respond to questions in writing, which have to be sworn to under oath, and to provide copies of certain documents and other information that could be helpful to your case.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding your injuries or damages that could be important to your case. During a deposition, the lawyer representing the person at fault will ask you questions, and your answers will be recorded on video by a court reporter or transcribed.

These pre-trial investigation procedures are designed to help your lawyer develop a convincing case against the responsible party and their insurer in order to negotiate a fair settlement for accident attorney all your injuries and losses, costs and expenses. There is no guarantee of a settlement in every case however the majority of cases do so after or during the investigation process, which is usually completed before the trial.

4. Trial

Trials can be arranged in situations where you and the insurance company do not agree on fault or the amount you are entitled to for your injuries. A trial is an official proceeding in which both parties present arguments and evidence before a factfinder who makes a decision to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any supporting evidence, such as photos or videos of the accident scene, testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also offer testimony regarding your memory of the incident and how it has had an impact on your life. Expert witnesses can also testify to back your claims. The defendant's attorney can cross-examine witnesses and challenge the admissibility of specific evidence.

The jury will decide at trial whether the plaintiff's harm was the result of the defendant's negligence. They will look at the proximate causes, which is a complicated legal concept that law students will spend hours studying. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also decide the amount of damages you're entitled to. It's also a complicated matter because it is based on the extent of your injuries and the extent to which you've suffered. Your lawyer will present evidence including expert testimony about the severity of your injuries that resulted in loss of income and earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Each state has a specific legal deadline, also known as the statute of limitations by which you must settle your claim or file a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you could be required to file a vehicle accident lawsuit in court. This could be a lengthy process and expensive, yet it is usually necessary to pursue compensation.

During this process, your Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and be present at hearings. Your lawyer will also file legal documents referred to as motions to request the court for certain things, such as not allowing certain types of evidence during trial. Settlement negotiations may continue throughout this process, and a majority of civil disputes arising out of car accidents will end before a trial can be held.

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

It is vital to fully understand the extent of your injuries prior to agreeing to a settlement. You must also have completed all medical treatment. You could be denied additional compensation if settling an offer of settlement until your doctor has determined that you have reached the maximum level of improvement in your medical condition. It is also important not to sign a release until you have spoken with your lawyer about your injuries. Your lawyer will ensure you do not be denied compensation that is valuable. They will carefully review your medical records and other documentation to make sure that you get the full amount of damages for which you are eligible.