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The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if the insurance company refuses to pay you the amount you're entitled to for your injuries. This letter will provide a detailed description of your economic damages such as medical expenses and lost wages as also non-economic damages such as pain and discomfort.

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

1. Gathering Evidence

In a lawsuit for a car accident, proving negligence and liability is key to obtaining compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports such as police reports, and other official reports.

Photographs of the scene of the accident may help your attorney establish what happened during the crash, including the position of both vehicles after impact, skid marks, road debris and other physical evidence. Record the names and contact numbers of any witnesses who witnessed what happened. It is crucial that witnesses corroborate the events that were actually happening, as it may often be the case that drivers give contradictory information that can lead to insurance companies refusing or denial of the responsibility.

Other types of evidence your lawyer may use include medical records, which can include receipts, bills diagnose reports, lab results, discharge instructions and other documentation that demonstrate the extent of your injuries. You should obtain these records as soon as you can, and make sure to send copies to your medical professionals.

A deposition is another form of evidence your lawyer can make use of. It's an out-of court testimony given under oath, and then transcribed by a Court Reporter. Your lawyer can use this testimony to establish your injuries were an immediate, obvious connection to the accident. This helps to justify requesting compensation. While the majority of the above kinds of evidence can be gathered at the accident scene or within a short time after, some of them may not be accessible until later in the litigation process. It is crucial to contact a car accident lawyer with the appropriate credentials as soon as you can to begin an investigation while the evidence is still in its purest form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, you should seek legal advice from an experienced. A car accident attorneys attorney can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint in the court, describing the specific claims you are making and how much money you are seeking in damages. This form is usually prepared by an attorney and filed in the court. It is also given to the defendant.

The discovery phase begins with both parties able to share information about their defenses and claims. The process can take a considerable time, and both teams will need to review a lot of documents, including police records and witness statements. They might also need to examine medical documents and bills as well as 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.

During this stage, you lawyer will also collaborate with doctors to get a full picture of your injuries as well as the impact they've had on your life. Your lawyer will estimate your total damages. This will include past and upcoming medical expenses, lost wages, suffering and pain, and much more.

Sometimes, your lawyer may be able to reach an agreement with the at fault driver's insurance company. This is more likely to occur after discovery and before the trial. However, if the insurance company is unable to settle the claim in a fair manner or if you have incurred significant losses that aren't covered by the insurance policy, your case may go to trial. A judge or jury will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident where your lawyer and the negligent driver's insurance company exchange information that could support or damage your claim. Your attorney will seek copies of all documents to prove your case. These documents include police reports medical bills, work loss records from your employer (showing how much time you were absent due to the accident), photos of your vehicle, any injuries or damages and other financial details. 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 other parties who are not present in the case.

These written discovery tools are exchanged between attorneys on both sides. They provide the opposing party a chance to respond to questions in writing, which need to be sworn to in oath and to supply copies of specific documents or other information which could be beneficial to your case.

Your Long Island car accident attorney will also interview witnesses and anyone who has information regarding the damages or injuries you sustained that could be vital to your case. During a deposition lawyer representing the party at fault will ask you an array of questions and your responses will be recorded on video or translated by a court reporter.

These pretrial investigation procedures are designed to help your lawyer develop a convincing argument against the person at fault and their insurance company in order to secure a fair settlement for all of your damages as well as losses, expenses and costs. Although there is no guarantee that all cases will settle but the majority settle either during or after the discovery process, which may be completed prior to the time your case is brought to trial.

4. Trial

Trials are possible in cases when you and the insurance company disagree on fault or the amount of compensation you should be awarded for your injuries. A trial is an official process where both parties are required to present arguments and evidence before an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases, the factfinder is usually a jury.

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

At trial, the jury has to decide if the plaintiff's injuries were the result of the negligence of the defendant. They will look at proximate cause, a complicated legal concept that lawyers will spend many hours studying during law school. Proximate causes examines the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury is also required to determine the amount of damages you will be awarded. It's also a complex matter because it is based on the degree of your injuries and the extent to which you've suffered. Your attorney will provide evidence including expert testimony about the severity of your injuries as well as lost income and future earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations, in which you must settle your claim or bring a lawsuit. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, then you might need to file a car accident lawsuit in court. It is costly and time-consuming, however it is often required to seek compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents, known as motions, asking the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can continue during this process. A majority of car accident civil disputes are resolved before a trial is needed.

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 take the case to trial. In addition, the settlement process is faster and less risky than a trial.

Before agreeing to the settlement, it's important that you fully understand the severity of your injuries and have completed all medical treatment. If you agree to a settlement before your doctor has determined you have reached maximum medical improvement (MMI) and you are not able to not receive additional compensation. It is also important not to sign a release until you have consulted with your lawyer about the damages. Your lawyer will ensure that you don't lose out on valuable compensation. They will carefully examine your medical records and other documentation to ensure that you receive the total amount of damages to which you are eligible.