The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount you need to cover your injuries, our hard-working attorneys will prepare an official demand letter. This will list all your financial losses including medical expenses and lost wages, and non-economic damages like pain and suffering.

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

1. Gathering Evidence

In a car accident Law firm (vimeo.com) lawsuit, proving negligence and liability is essential to receive compensation for your injuries and losses. Collecting evidence is one the first steps of the process of litigation, and it involves collecting documents such as photographs, witness testimony and official reports such as police reports.

Your attorney might be able to determine what happened in the accident by taking photographs of the scene, which include skid marks and road debris as well as other physical evidence. Take down the names and contact information of any eyewitnesses that witnessed the events. It is crucial that witnesses corroborate the events that took place, as it can often be the case that drivers offer contradictory accounts that lead to insurance companies refusing or denial of the responsibility.

Medical records can also be utilized by your lawyer to prove the severity of your injuries. These documents may include receipts, bills, lab results, diagnosis reports, discharge directions and other documents. You should get these records as soon as you can and be sure to send copies to your medical professionals.

Another form of evidence your attorney may utilize is a deposition, which is an out-of court testimony delivered under oath and recorded by a court reporter. The lawyer can utilize this testimony to prove that your injuries have an immediate, obvious connection to the accident. This will help justify requesting compensation. Most of the evidence discussed above can be collected at the scene of the crash or shortly after however, some might not be available until later in the legal 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 in its purest form.

2. Making a Complaint

After the dust has settled and you've treated your injuries, it's the time to seek out legal counsel from an expert. A lawyer who has handled car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint with court, which details the specific claims you have filed and the amount you're seeking in damages. This form is usually prepared by an attorney and filed in court. It will also be given to the defendant.

This also triggers the discovery phase that allows both sides to exchange information and evidence related to their claims and defenses. The process can be long and requires both teams to go through a myriad of documents including police reports as well as witness statements medical records, invoices and more. Each side is able to request interrogatories. These are a series questions which the other side has to answer under oath in a specified time frame.

Throughout this stage the lawyer will work with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your lawyer will then estimate the total damages you have suffered that will include past and future medical expenses and lost earnings, as well as pain and suffering and much more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver who is at fault. This is more likely to occur following discovery and prior to trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've sustained significant damage that is not covered by the insurance policy, your case could be referred to trial. A judge or jury will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit where your lawyer and the insurance company exchange information that could help or hurt your claim. Your attorney will request copies of the documents supporting your case, including police reports, medical bills as well as work loss records (e.g., from your employer which reveals how much time you missed work because of the accident), photographs of your vehicle as well as any injuries or damages or other pertinent financial information. Your attorney may also employ written discovery tools, such as interrogatories or accident law Firm requests for production as well as requests for admissions to question witnesses and other parties that are not in the case.

These discovery tools written in writing are distributed back and forth between attorneys from both sides. The tools for writing discovery give the opposing side a chance to answer questions in writing, which must be answered under oath. It also allows you to provide copies or other information which could be useful to you.

Your Long Island car accident lawyer will also depose witnesses to the accident and anyone with information on your injuries or damage that could be crucial to your case. During a deposition, your lawyer representing the person at fault will ask you questions and your answers will either be recorded on video by a court reporter or transcribing.

The goal of these pre-trial investigation procedures is to allow your lawyer to create an effective and convincing argument to the party at fault and their insurance company so that you are able to secure an adequate and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case however, most do so after or during the investigation process, which is usually done prior to trial.

4. Trial

Trials can be arranged in situations when you and the insurance company are not in agreement regarding the fault of the other party or the amount of compensation you should be awarded for your injuries. A trial is a formal hearing where both sides present arguments and evidence to a factfinder, who issues a decision that settles the issue. In personal injury cases, the factfinder is typically a jury.

During the trial your lawyer will be able to give your account of the events in your opening statements to the jury along with any supporting evidence you have, such as photographs or videos of the accident scene, testimony from witnesses and medical professionals, as well as documents such as police reports and medical bills. You can also testify regarding your personal memories of the incident, and how it impacted your life. Expert witnesses will also provide evidence to back up your claims. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's injuries was the result of the defendant's negligence. They will look at the proximate cause, a complicated legal concept that law students spend hours studying. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. This is another complicated issue because it is contingent on how severe your injuries are and the severity of your losses. Your attorney will present evidence including expert testimony about the severity of injuries as well as lost income and future earnings potential, as also your pain and suffering as well as impairment.

5. Settlement

Every state has a time limit within which you can settle your claim, or even file an action. This is referred to as the statutes of limitations. If your lawyer is unable to come to a deal with the insurance company, you may be required to bring a lawsuit to court. It is costly and time-consuming, however it is often necessary to get compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal procedure where both sides exchange information with the other). Your lawyer will also file legal documents known as motions to request the court for things like excluding certain types of evidence during trial. Settlement negotiations can continue during this process. A lot of civil disputes are resolved before a trial is needed.

If they believe that your injury claim is valid and you are willing to go to trial Insurance companies will offer an appropriate settlement offer. The settlement process is also more efficient and less risky than the court trial.

Before you agree to an agreement, it is crucial to fully comprehend the extent of your injuries and completed all medical treatment. You could lose out on additional compensation if you agree to the settlement until your physician has concluded that you have reached the maximum level of improvement in your medical condition. It is also important not to sign a release before you have spoken with your lawyer about your injuries. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will carefully examine your medical records as well as other documents to ensure that you receive the full amount of damages to that you are eligible.