The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you need for your injuries, our persistent lawyers will draft a formal demand letter. It will detail all your economic damages like medical bills and lost wages, as well as other damages that are not economic, like pain and suffering.

Then a jury or judge will then make a decision. If they decide in your favor you will be awarded damages. In addition, the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit that involves a car accident the proof of negligence is essential to receive compensation for your injuries. The gathering of evidence is one of the first steps of the process of litigation, and it involves gathering evidence, documents such as photographs, witness testimony as well as official reports like police reports.

Your attorney may be able to determine the circumstances of the incident by taking photographs of the scene, including skid marks or road debris, as well as other physical evidence. Record the names and contact numbers of any witnesses who were present to witness what transpired. Witnesses who testify to corroborate your version of events is important, especially since it can be common for drivers to have conflicting stories of what happened. This can lead to insurance companies refusing to accept the claim, or even deny responsibility altogether.

Medical records can also be used by your lawyer in order to prove the severity of your injury. These documents could include bills, receipts, lab results, diagnosis reports, discharge instructions, and other records. It is important to obtain these records as quickly as possible and provide copies to your healthcare professionals.

Depositions are another form of evidence that your attorney could employ. It is a non-in court testimony under oath, which is then transcribing by a Court Reporter. Your lawyer could use the testimony to establish the fact that your injuries had an immediate and obvious connection to the accident which can help justify the compensation you deserve for your damages. The majority of the evidence mentioned above can be collected at the site of the accident or within a short time however some evidence may not be available until much later in the legal process. This is why it's crucial to consult a highly-credentialed car accident lawyer as quickly as possible so that they can begin an investigation while the crucial evidence is in its most pure form.

2. Making a Complaint

After the dust has settled and you have tended to your injuries, it's time to seek expert legal advice. A lawyer who has handled car accidents can offer you the knowledge to maximize your compensation.

The first step is to file a complaint in court, which outlines the specific claims you have filed and the amount you are seeking in damages. This document is typically drafted by your attorney, and then filed with the court, and then served to the defendant.

The discovery phase starts, allowing both parties to exchange information about their defenses and claims. The process can take a long duration and both teams will be required to examine a large number of documents including police reports and witness statements. They may also have to look at medical documents as well as bills and other documents. Each side may request interrogatories. These are a series questions which the other side has to answer under oath within the timeframe specified.

In this phase, your lawyer will also work closely with your doctor to get the full picture of your injuries and the impact that they've had on your life. Your attorney will calculate the total damages. This will include future and past medical expenses including lost wages, suffering and pain and suffering, accident and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver who is at fault. This is more likely to occur after discovery and before the trial. If the insurance company does not agree to a fair settlement or if the damage is significant and not covered by insurance, then you may be required to appear in court. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is when your attorney and accident lawyer negligent insurance company of the driver share information that could either support or damage your claim. Your attorney will request copies of documents that support your case, including police reports, medical bills and work loss records (e.g. documents from your employer showing how long you missed work because of the accident), photographs of your vehicle, any damage or injuries as well as other financial information. Your attorney will also make use of written discovery tools, such as interrogatories and requests for production, as well as request for admissions to question witnesses and parties who are not present in the case.

These tools for writing discovery are exchanged between attorneys from both sides. Written discovery tools allow the opposing party a chance to respond to questions in writing that must be answered under oath and to provide copies or other information which could be useful to you.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident and also anyone with information on your injuries or damages that could be relevant to your case. During a deposition, the lawyer for the person who is at fault will ask you various questions, and your answers will be recorded on video or transcribed by a court reporter.

The goal of these pre-trial investigation procedures is to assist your lawyer to construct an effective and convincing argument to the responsible party and their insurer so that you can receive a full and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case but the majority of them do so after or during the investigation process, which is often completed before the 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 process in which both parties are required to argue their case and provide evidence before an impartial factfinder who takes a decision to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any supporting evidence like photos or videos of the accident scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You may also testify on 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 argue against the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's injury was caused by the defendant's negligent behavior. They will examine proximate cause which is a complex legal concept that lawyers spend countless hours studying during law school. Proximate causes analyzes the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also decide how much compensation you will be awarded. This is another complicated issue depending on the severity of your injuries and the extent of your losses. Your attorney will present your evidence including expert witness testimony on the severity of your injuries, your lost income, as well as future earnings potential in addition to your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state sets a legal deadline, commonly referred to as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you could be required to file a vehicle accident lawsuit in court. It can be lengthy and costly, however it is usually necessary to pursue compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a process formal where both sides exchange information with each other). Your lawyer will also file legal documents known as motions that ask the court for specific things such as excluding certain types of evidence in trial. Settlement negotiations can continue throughout this process, and a lot of civil disputes arising out of car accidents will end before a trial has to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is solid and you'll be willing to go to trial. In addition the settlement process is faster and less risky than a trial.

Before settling on the settlement, it's crucial to fully comprehend the extent of your injuries. You must also have completed all medical treatment. If you accept a settlement before your doctor determines that you have reached maximum medical improvement (MMI) and you are not able to not receive additional compensation. Additionally, you should not sign a release until you've met with your lawyer and have full understanding of your damages. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will go through your medical records as well as other documentation to ensure that you are entitled to all damages that you are entitled to.