The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal letter of demand if the insurance company refuses to pay the amount you're entitled to for your injuries. It will detail all your financial damages like medical bills and lost wages, and non-economic damages, like pain and suffering.

A jury or judge will then make a ruling. If they come to a decision to your advantage, you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in a car it is essential to prove negligence in obtaining compensation for your injuries. Collecting evidence is one the first steps of the litigation process. it involves gathering documents, photographs, witness testimony as well as official reports such as police reports.

Your attorney might be able to determine what happened in the accident by taking photos of the scene, including skid marks, road debris and other physical evidence. Also, take note of the names and contact numbers of any witnesses who witnessed what transpired. It is essential that witnesses confirm the events occurred, as it can often be the case that drivers give contradictory information that can lead to insurance companies refusing or denying the responsibility.

Other evidence that your lawyer could use include medical records, which could include receipts, bills, diagnosis reports, lab results, discharge instructions, and other documents that show the severity of your injuries. It is important to obtain these documents as soon as you can and be sure to provide copies to your healthcare providers.

Another type of evidence your lawyer could make use of is a deposition which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. Your lawyer may utilize the testimony to prove that your injuries have an immediate and obvious connection to the crash, which helps justify requesting the compensation you deserve for your damages. The majority of the evidence mentioned above can be gathered at the scene of the accident or soon after however, some might not be available until much later in the legal process. It is essential to contact a lawyer for car accidents with the appropriate credentials immediately to start an investigation while the evidence is still in its most natural form.

2. Making a complaint

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

The first step is to file a complaint in the court, describing the specific claims that you have filed and the amount you are seeking in damages. The complaint is typically written by your lawyer and filed with the court and then served on the defendant.

The discovery phase begins and allows both parties to share information regarding their claims and defenses. The process can be lengthy and requires both teams to look over a number of documents, including police reports witnesses' statements, police reports, medical records, bills and much more. Each side may require interrogatories. These are a set of questions that each party must answer under oath by a predetermined deadline.

In this phase the lawyer will work with doctors to ensure they have a complete picture of the seriousness of your injuries and the impact they have had on your daily life. Your attorney will calculate your total damages that include future and accident past medical expenses as well as lost earnings, suffering and pain and much more.

Sometimes, your lawyer could be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely after discovery and prior to trial. If the insurance company refuses a fair settlement or if the damage is significant and not covered by insurance, then you might be required to go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident in which your attorney and the negligent driver's insurance company exchange information that may assist or derail your claim. Your attorney will seek copies of all documents to support your claim. These include police reports medical bills, work loss records from your employer (showing the length of time you missed due to the accident) photos of your vehicle, any injuries or damages, and other financial information. Your attorney will also make use of written discovery tools 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 written discovery tools are distributed back and forth between the attorneys on both sides. They provide the opposing party a chance to respond to questions in writing, which must be answered under oath and to supply copies of certain documents and other information that could be useful to your case.

Your Long Island Accident car accident attorney will also question witnesses and any other person with information about your injuries or damages which could be vital to your case. During a deposition at-fault party's lawyer will ask you several questions, and your answers will be recorded on video or transcribing by a court reporter.

These pretrial investigation processes are designed to assist your lawyer construct a compelling argument against the person at fault and their insurer in order to get a fair settlement for all your losses, injuries or losses, as well as expenses. There is no guarantee of a settlement in every case however most do so during or after the investigation process, which is usually completed prior to the trial.

4. Trial

Trials are a possibility in situations when you and the insurance company disagree on fault or the amount of compensation you should receive for your injuries. A trial is a formal proceeding where both parties are required to present their arguments and evidence to an impartial factfinder who takes an decision on how to resolve the dispute. In personal injury cases, the factfinder is typically 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 that may be presented, including photographs or videos of the accident scene witness testimony, statements from witnesses and medical professionals, or documents like police reports and bills. You may also testify on your memories of the incident and how it affected your life. Expert witnesses can also provide evidence to back up your assertions. The defendant's attorney can cross-examine witnesses and challenge the admissibility of certain evidence.

In a trial, the jury will decide if the plaintiff's injuries were caused by the negligence of the defendant. They will be examining proximate causes, a complicated legal concept that lawyers have to spend many hours studying during law school. Proximate cause considers how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury must also determine how much damages you will be awarded. It is also a complicated issue because it is contingent on the severity of your injuries as well as the degree to which you've suffered. Your attorney will present your evidence which includes expert witness testimony regarding the severity of your injuries, your lost income, and your 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 bring an action. This is known as the statute of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you might need to file a car accident lawsuit in the court. It can be expensive and time-consuming, but it is often necessary to get compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal procedure where both sides exchange information with one another). Your lawyer will also file legal documents known as motions asking the court for specific things such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue during this process. A lot of civil disputes are resolved before trial is required.

If they believe that your claim is solid and that you are willing to go to trial Insurance companies will offer an acceptable settlement offer. Additionally, the settlement process is quicker and less risky for them than a trial.

Before agreeing to an agreement, it is crucial to fully comprehend the extent of your injuries and completed all medical treatment. If you accept a settlement before your doctor has determined you have reached the maximum medical improvement (MMI), you could be denied additional compensation. It is also important not to sign a contract before you have spoken with your lawyer about the damages. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully review your medical records as well as other documents to make sure that you receive the total amount of damages to which you are eligible.