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The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal letter of demand if the insurance company is unable to pay the amount you require for your injuries. This will list all your economic damages including medical expenses and lost wages, as well as non-economic damages, such as pain and suffering.

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

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is crucial to get compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports, like police reports and other official reports.

Your attorney may be able to establish what happened in the accident by taking photos of the scene, which include skid marks road debris, skid marks and other physical evidence. Record the names and phone numbers of any eyewitnesses that witnessed the incident. Witnesses who testify to corroborate your account of what transpired is vital especially as it can be common for drivers to give contradicting versions of what transpired, which can lead to insurance companies refusing to accept the claim, or even deny the responsibility completely.

Other evidence that your lawyer might use include medical records, which could include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other documentation that demonstrate the extent of your injuries. You should seek these records as soon as you can and ensure that you send copies to your healthcare professionals.

A deposition is yet another type of evidence your lawyer can employ. It is a non-in the court testimony that is under oath, and then recorded by a Court Reporter. Your lawyer can use the testimony to establish the fact that your injuries had a direct and foreseeable connection to the crash and can be used to justify compensation for your injuries. The majority of the evidence listed above can be gathered at the scene of the accident or shortly afterwards however some evidence may not be available until much later in the legal process. This is why it's vital to consult a highly-credentialed car accident lawyer as soon as possible, so that they can begin investigating when the evidence is in its purest form.

2. Making a Complaint

After the dust has cleared and you've taken care of your injuries, you should seek legal advice from an expert. A lawyer who has handled car accidents can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with the court. The complaint will detail your specific claims as well as the amount you want to recover in damages. This document is typically drafted by your lawyer and filed with the court and served on the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and evidence pertaining to their claims and defenses. The process can take a considerable duration and both teams will need to review a lot of documents, including police records and witness statements. They may also have to examine medical documents and bills as well as other documents. Each side can require interrogatories. These are a set of questions that each party must answer under oath within a set time frame.

In this phase, your lawyer will also work with doctors to ensure that they have a complete picture of the severity of your injuries and the impact they've affected your daily routine. Your attorney will calculate your total damages, which will include the past and future medical costs and lost earnings, as well as pain and suffering, and more.

Sometimes, your lawyer could be able to reach an agreement with the at fault driver's insurance company. This is more likely to occur following discovery and prior to trial. If the insurance company refuses to negotiate a fair settlement or if you've suffered significant losses that aren't covered by the insurance policy, the case could go to trial. A judge or jury will make a final decision in the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any car Accident law firms case. This is the time when your attorney and the negligent insurance company of the driver exchange information that can support or derail your claim. Your attorney will ask for copies of documents to support your claim. This includes police reports, medical bills and work loss documents from your employer (showing how much time you've missed because of the accident) photos of your vehicle as well as any injuries or damages, and other financial information. Your attorney will also make use of documents for discovery in writing, such as interrogatories or requests for production as well as request for admissions to question witnesses and parties who are not present in the case.

These discovery tools written in writing are circulated back and forth between the attorneys of both sides. They provide the opposing party an opportunity to reply to questions in writing, that must be answered under oath, and to supply copies of certain documents or other data that could be useful to your case.

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

The purpose of these pretrial investigation processes is to assist your lawyer to present an argument that is persuasive and strong to the party at fault and their insurer in order that you can get an equitable and fair settlement for your losses, injuries and expenses. Although there is no assurance that all cases will settle, the majority do during or after the discovery process, which is often be completed prior to the time your trial.

4. Trial

Although the majority of car accident cases settle through out-of-court negotiations If you and the insurance company are not in agreement about who is to blame or the amount you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder, who renders a verdict that settles the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any supporting evidence, such as photos or videos of the accident scene witness testimony, statements from witnesses and medical professionals, as well as documents such police reports and bills. You can also testify regarding your personal memories of the incident and how it affected your life. Expert witnesses can also testify to support your claims. The attorney for the defendant can cross-examine witnesses and object to the admissibility of certain evidence.

At trial, the jury must determine if the plaintiff's injuries were caused by the defendant's negligence. They will consider proximate causes, a complex legal concept that law students have to spend hours studying. Proximate causes analyzes the degree of connection between a defendant's actions and Accident Law firms the plaintiff’s injuries.

A jury must also determine the amount of damages you are entitled to. It is also a complicated matter because it is based on the degree of your injuries and the amount to which you've suffered. Your lawyer will present your evidence including expert testimony from a witness regarding the severity of your injuries, your lost 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 by which you can settle your claim, or even file an action. This is known as the statutes of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you could require filing a car accident lawsuit in court. It's costly and time-consuming, however it is often required to seek compensation.

During this procedure, your Long Island personal injury lawyer will participate in discovery (a formal process in which each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents referred to as motions asking the court for certain things, such as not allowing certain types of evidence in trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are resolved before trial is required.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you are willing to take the case to trial. Additionally, settlement is quicker and less risky than a trial.

It is crucial to fully comprehend the extent of your injuries prior to agreeing to a settlement. You must have completed all medical treatments. If you accept a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) it is possible to be denied additional compensation. It is also important not to sign a release before you have spoken with your lawyer about your damages. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will go through your medical records as well as other documentation to ensure that you receive all of the damages you are entitled to.