The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you need for your injuries, our hard-working attorneys will prepare an official demand letter. This will include all of your economic damages including medical expenses and lost wages, as well as non-economic damages like pain and suffering.

Then a judge or jury will make a decision. If they come to a decision to your advantage, you will be awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in the car, proving negligence is vital in obtaining 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 lawyer might be able to establish what happened during the accident by taking photos of the scene, including skid marks or road debris, as well as other physical evidence. Record the names and contact details of any witnesses who saw what transpired. It is crucial that witnesses to verify the events that took place, as it can often be the case that drivers give contradictory statements that result in insurance companies denying or refusing responsibility.

Other forms of evidence your lawyer could utilize include medical records, which can include receipts, bills, diagnosis reports, lab results, discharge instructions and other documentation that demonstrate the severity of your injuries. You should obtain these records as soon as possible and be sure to provide copies to your healthcare providers.

A deposition is another form of evidence your lawyer can use. It's an out-of court testimony under oath and later translated by a court reporter. Your lawyer may use this evidence to prove your injuries have a clear, identifiable connection to the accident. This is a good argument to support the need for compensation. Most of the evidence mentioned above can be obtained at the scene of the accident lawyer or shortly afterwards however, some might not be available until later in the litigation. This is why it's vital to speak with a well-credentialed lawyer in the event of a car accident as soon as you can so that they can begin the investigation when the evidence is in its purest form.

2. How to file a complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal advice from a professional. A car accident attorney can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims you're bringing 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 begins the discovery phase that allows both sides to exchange information and documents related to their defenses and claims. The process can take a long time and both teams may have to look over a variety of documents including police reports and witness statements. They may also have to review medical records, bills, and other documents. Each side is able to request interrogatories. These are a set of questions which the other side has to answer under oath in the specified timeframe.

In this phase, your lawyer will also work closely with medical professionals to obtain a full picture of your injuries as well as the impact they've affected your life. Your attorney will calculate the total damages. This will include future and past medical expenses including lost wages, pain and suffering and more.

Sometimes, your lawyer might be able to reach a settlement with the at-fault driver's insurance company. This will most likely take place after the completion of the discovery process and prior to trial. If the insurance company is unable to offer a fair settlement or if you've suffered significant damages that are not covered by the insurance policy, your case could go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

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

These tools for writing discovery are exchanged between attorneys from both sides. The tools for writing discovery give the opposing side an opportunity to answer questions in writing that must be sworn to under oath, and to provide copies or other information that may be helpful to you.

Your Long Island car accident law firm attorney will also depose witnesses as well as anyone who has information regarding the damages or injuries you sustained that could be crucial to your case. During a deposition, the attorney representing the at-fault party will ask you various questions, and your responses will be recorded on video or transcribed by a court reporter.

The goal of these pre-trial investigation procedures is to help your lawyer to build an argument that is persuasive and strong to the party at fault and their insurer so that you can secure an adequate and fair settlement for your injuries, losses and expenses. Although there is no guarantee that all cases settle but the majority settle at the end of or following the discovery process, which is often be completed prior to the time your case goes to trial.

4. Trial

Trials are possible in cases where you and the insurance company are not in agreement regarding the fault of the other party or the amount of compensation you are entitled to for your injuries. A trial is a formal process where both parties are required to are required to argue their case and provide evidence before a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any supporting evidence, such as photos or videos of the scene of the accident, testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also testify regarding your memory of the incident and how it affected your life. Expert witnesses are also able to testify in support of your claims. The lawyer for the defendant may interrogate witnesses and contest the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's injury was the result of the defendant's negligence. They will look at proximate cause, a complicated 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 is also required to determine the amount of damages you're entitled to. This is another complicated issue, as it depends on how severe your injuries are and the extent of your losses. Your lawyer will present evidence that includes expert testimony from a witness regarding the severity of your injuries, your loss of income and future earnings potential as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations, where you have to settle your claim or make a claim. If your lawyer is unable to negotiate a settlement with your insurer, you could be required to start a lawsuit in the courtroom. It can be expensive and time-consuming, however it is often necessary to get compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal process in which parties exchange information with the other side) and will attend hearings. Your lawyer will also file legal documents known as motions asking the court for specific things such as excluding certain types of evidence in trial. Settlement negotiations can continue throughout the entire process, and a majority of car accident civil disputes end before a trial is required to be held.

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

It is important to fully comprehend your injuries prior to committing to an agreement. You must have completed all medical treatments. If you accept a settlement prior to your doctor determining that you have reached your maximum medical improvement (MMI) and you are not able to not receive additional compensation. Don't sign a release until you have spoken to your lawyer about your damages. Your attorney will ensure that you do not lose out on the valuable compensation. They will review your medical records, as well as other documentation to ensure that you receive all the damages you are entitled to.