The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you need to cover your injuries, our persistent lawyers will draft an official demand letter. It will detail all your financial damages, such as medical bills and lost wages, as well as non-economic damages, like suffering and pain.

Then, a judge or jury will take a call. If they rule in your favor they will give you damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit for a car accident law firms, proving the negligence and liability is crucial to get compensation for your losses and injuries. Gathering evidence is one of the first steps of the litigation process, and it involves gathering documents including photographs, witness statements as well as official reports such as police reports.

Photographs of the scene of the accident can help your attorney establish what actually transpired during the collision, including the positions of both cars following the impact, skid marks road debris and other physical evidence. Also, note the names and contact numbers of any eyewitnesses who witnessed what occurred. Witnesses who testify that confirm your account of events is important particularly since it can be common for drivers to give contradicting reports of what happened, which can lead to insurance companies refusing to accept the claim or deny responsibility completely.

Medical records can also be utilized by your lawyer to establish the severity of your injury. These documents could include receipts, bills, lab results, diagnosis reports, discharge instructions, and other documents. You should get these records as quickly as possible and provide copies to your healthcare professionals.

A deposition is yet another type of evidence your lawyer can employ. It is an out-of court statement made under oath, and then recorded by a Court Reporter. The lawyer can use this testimony to establish your injuries have an obvious, predicable connection to the accident. This helps to justify the need for compensation. While most of the above-mentioned types of evidence can be collected at the scene of the accident or shortly thereafter but some of the evidence might not be available until later in the litigation process. This is why it's vital to contact a reputable car accident lawyer as quickly as you can so that they can begin investigating when the evidence is in its purest form.

2. Filing a Complaint

When the dust has cleared and you have tended to your injuries, it's the time to seek legal advice from a professional. A lawyer for car accidents can give you the experience to maximize your compensation.

The first step is to file a complaint in court, which outlines the specific claims that you're making and the amount of money you are seeking in damages. This type of document is typically drafted by an attorney and filed in the court. It is also served on the defendant.

This also begins the discovery phase, which allows both sides to exchange information and documents related to their defenses and claims. The process can take a long time and requires both parties to examine a variety of documents, including police reports as well as witness statements and medical records, as well as bills and more. Each side may require interrogatories. These are a set of questions which the other party must answer under oath within a specified timeframe.

In this stage your lawyer will work with doctors to ensure they have a complete understanding of the seriousness of your injuries and the impact they have had on your daily life. Your lawyer will determine the total damages. This will include any future medical expenses including lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer might be able to reach an agreement with the responsible driver's insurance company. This is more likely to occur following discovery and prior to trial. If the insurance company refuses to offer a fair settlement or if you've incurred significant damages that are not covered by the insurance policy, the case could go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident the attorney representing you and the insurance company exchange information that may help or hurt your claim. Your attorney will request copies of the documents supporting your case, such as medical bills, police reports, work loss records (e.g., accidents from your employer indicating how much time you missed work due to the accident), photographs of your car and any injuries or damages and other financial information. Your attorney will also make use of written discovery tools, such as interrogatories, requests for production and requests for admissions to question witnesses and other parties who are not present in the case.

These tools for discovery in writing are exchanged back and forth between attorneys on both sides. The written discovery tools give the opposing side an opportunity to respond to questions in writing that need to be answered under oath and to provide copies of other information that could be useful to you.

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. In a deposition, the lawyer for the person who is at fault will ask you a series of questions, and your answers will be recorded on video or transcribing by a court reporter.

The goal of these pretrial investigation processes is to allow your lawyer to present an argument that is convincing and persuasive against the at-fault party as well as their insurance company so that you are able to secure an adequate and fair settlement for your losses, injuries and expenses. While there is no guarantee that all cases settle, the majority do either during or after the discovery process, which can be completed before the case goes to trial.

4. Trial

Although the majority of car accidents are resolved through informal negotiations, if you and the insurance company disagree about fault or the amount of compensation you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal process in which both sides are required to argue their case and provide evidence before a factfinder who makes 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 what happened during the trial. This will include any evidence supporting it like photos or videos of the scene, testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also testify about your personal memories of the incident, and how it affected your life. Expert witnesses can also testify to back your assertions. The attorney for the defendant can cross-examine witnesses and object to the admissibility of certain evidence.

At trial, jurors must determine if the plaintiff's injuries were caused by the defendant's negligence. They will be examining proximate causes an intricate legal concept that lawyers spend countless hours studying during law school. Proximate cause looks at the relationship between the actions of the defendant and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. This is a complicated issue, as it depends on the severity of your injuries and the severity of your losses. Your lawyer will provide evidence that includes expert testimony about the severity of injuries as well as lost income and future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Each state has a deadline within which you can settle your claim, or even file an action. This is referred to as the statutes of limitations. If your lawyer cannot reach a settlement with the insurance company, you may be required to bring a lawsuit to court. This can be time consuming and costly, however it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a process formal where each side exchanges information with each other). Your lawyer will also file legal documents called motions asking the court for certain things, such as not allowing certain types of evidence at trial. Settlement negotiations can continue throughout the process, and many civil disputes arising out of car accidents will end before a trial has to be held.

If they believe your injury claim is solid and you are willing to go to trial the insurance company will offer a fair settlement offer. The settlement process is also quicker and less risky than a court trial.

Before you agree to the settlement, it's crucial to fully comprehend the severity of your injuries. You must also have completed all medical treatment. You may not receive additional compensation if you accept a settlement until your doctor has determined that you have attained the maximum medical improvement. It is also important not to sign a release until you have spoken with your lawyer about your injuries. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records and other evidence to make sure that you receive the full amount of damages to which you are eligible.