The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if an insurance company is unable to pay the amount you're entitled to for your injuries. This will include all of your economic damages such as medical bills and lost wages, and 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 is 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 may be able to determine the circumstances of the accident law firm by taking photographs of the scene, which include skid marks and road debris as well as other physical evidence. Also, take note of the names and contact information of any eyewitnesses who witnessed what happened. It is important to have witnesses to verify the events that were actually happening, as it may often happen that drivers will give contradictory statements that result in insurance companies refusing or denying the liability.

Other types of evidence your lawyer could utilize include medical records. These could include receipts, bills diagnose reports, lab results, discharge guidelines, accident lawyer and other evidence that proves the severity of your injuries. It is important to obtain these documents as soon as is possible and ensure that you give copies to your healthcare professionals.

Another form of evidence your attorney might make use of is a deposition which is out-of-court testimony given under oath that is then transcribing by a court reporter. Your lawyer could use the testimony to prove that your injuries had an immediate and predicable connection to the crash which can help justify compensation for your damages. Most of the evidence mentioned above can be obtained at the scene of the accident or shortly afterwards however, some might not be available until later in the legal process. This is why it's crucial to speak with a well-credentialed car accident lawyer as soon as possible so that they can begin an investigation while the crucial evidence is in its most pure form.

2. Making a complaint

After the dust has settled and you've taken care of your injuries, you should seek legal guidance from an expert. A car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with the court. This will outline your specific claims and the amount of money you wish to recover 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 with both parties able to exchange information about their claims and defenses. The process can be very long and requires both parties to look over a number of documents, including police reports as well as witness statements medical records, bills and more. Both sides can request interrogatories. These are a set of questions that the other side has to answer under oath within the specified timeframe.

Throughout this process the lawyer will collaborate with doctors to ensure they have a complete picture of the seriousness of your injuries and the impact they've had on your daily life. Your lawyer will then calculate your total damages including the past and future medical costs as well as lost earnings, pain and suffering and much more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver who is at fault. This is more likely following discovery, but before trial. If the insurance company is unable to settle the claim in a fair manner or if you have incurred significant damage that is not covered by the insurance policy, the case may go to trial. A jury or judge will make a final decision in the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. It is the point at which your attorney and the negligent driver's insurer exchange information that can support or damage your claim. Your attorney will ask for documents that can support your case, such as police reports, medical bills or work-related loss records (e.g. documents from your employer indicating how long you missed work because of the accident) photographs of your car and any injuries or damage, and other relevant financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories request for production, interrogatories and requests for admissions to interview witnesses and other parties who aren't present in the case.

These tools for writing discovery are exchanged between attorneys on both sides. The tools for writing discovery give the opposing party a chance to answer questions in writing which must be sworn to under oath, and to provide copies or other information that might be useful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the collision, as well as anyone with information regarding your injuries or damages that could be important to your case. In a deposition, the lawyer for the person who is at fault will ask you several questions, and your answers will be recorded on video or translated by a court reporter.

These pretrial investigation procedures are designed to help your lawyer construct a compelling case against the person who is at fault and their insurance company in order to obtain a fair settlement for all your losses, injuries, accident lawyer expenses and losses. While there is no guarantee that every case will settle however, the majority settles at the end of or following the discovery process, which can often be completed before your trial.

4. Trial

Trials are possible where you and the insurance provider disagree on the source of your fault or the amount of compensation you should be awarded for your injuries. A trial is a formal process in which both parties present arguments and evidence before the factfinder, who makes an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the scene, testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also provide testimony about your memories of the incident and how it impacted your life. Expert witnesses can also provide testimony to support your claims. The lawyer for the defendant can cross-examine witnesses and challenge to the admissibility of certain evidence.

The jury will determine at trial whether the plaintiff's injuries was caused by the defendant's negligence. They will look at the proximate cause, a complicated legal concept that law students will spend hours studying. Proximate cause considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. It is also a complicated issue because it depends on the severity of your injuries and the amount to which you've suffered. Your lawyer will present your evidence that includes expert witness testimony on the severity of your injuries, the loss of income, as well as future earnings potential as well as your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Every state has a time limit to resolve your claim or file a lawsuit. 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 lawsuit in court. It can be lengthy and expensive, yet it is usually required to seek compensation.

During this procedure, your Long Island personal injury lawyer will participate in discovery (a formal procedure where parties exchange information with the other side) and will attend hearings. Your attorney will also submit legal documents, referred to as motions, which ask the court to do things like exclude certain types of evidence from trial. Settlement negotiations can go on throughout this process, and a lot of car accident civil disputes end before a trial is required to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is solid and that you will be willing to take the case to trial. The settlement process is also faster and less risky compared to the court trial.

Before you agree to the settlement, it's important to understand the extent of your injuries and that you have completed all medical treatment. It is possible to lose additional compensation if you accept the settlement until your physician has concluded that you have reached the maximum medical improvement. Don't sign a release until you've spoken with your lawyer and had an accurate understanding of your losses. Your lawyer will ensure that you don't be denied compensation that is valuable. They will scrutinize your medical records, and other documentation, to ensure that you are entitled to all damages you are entitled to.