The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter in the event that the insurance company refuses to pay you the amount you're entitled to for your injuries. The letter will list all of your economic losses like medical expenses and lost wages, as also non-economic damages like discomfort and pain.

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

1. Gathering Evidence

In a lawsuit that involves a car accident, proving negligence is vital to receive compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents, witness testimony, official reports like police reports, and other official reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually happened in the collision, including the location of both cars following the impact, skid marks road debris, and other physical evidence. Take down the names and contact numbers of any witnesses who were present to witness the events. It is crucial that witnesses confirm the events occurred, as it can often be the case that drivers provide contradictory stories that lead to insurance companies refusing or denying liability.

Other evidence that your lawyer could utilize include medical records, which could include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other documentation that demonstrate the extent of your injuries. You should get these records as soon as possible and ensure that you give copies to your healthcare providers.

Depositions are another form of evidence that your attorney could use. It is an out-of court statement made under oath, which is then translated by a court reporter. Your lawyer can use this testimony to establish your injuries have an immediate, obvious connection to the accident. This helps to justify requesting compensation. Most of the evidence mentioned above can be obtained at the site of the crash or shortly after, but some may not be available until much later in the legal process. This is why it's crucial to contact a reputable car accident lawyer as quickly as you can, accident lawyer so they can begin the investigation as evidence is in its purest form.

2. Making a Complaint

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

The first step is to file an application with the court. This document will outline your specific claims and the amount of money you'd like to claim in damages. This document is usually drafted by an attorney and then filed in court. It is also given to the defendant.

This also initiates the discovery phase that allows both sides to exchange information and evidence that is related to their claims and defenses. The process can take a considerable time and both teams may need to review a lot of documents like police reports and witness statements. They might also need to look at medical documents or bills, as well as other documents. Both sides can request interrogatories. These are a series of questions that the other side must answer under oath in a specified time frame.

In this phase, your lawyer will also collaborate with doctors to gather a full picture of your injuries and the impact they've affected your life. Your lawyer will determine the total damages. This will include any future medical expenses as well as lost wages, pain and suffering and more.

Sometimes, your lawyer may be able to reach a settlement with the at-fault driver's insurance company. It is likely to occur following the conclusion of the discovery process and prior to trial. If the insurance company is unable to provide a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, the case could go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is an essential step in any car accident case. This is where your attorney and negligent insurance company of the driver exchange information that could support or hurt your claim. Your attorney will seek copies of all documents that support your case. These documents include police reports medical bills, as well as work loss records from your employer (showing the length of time you've missed because of the accident) photos of your vehicle and any damages or injuries as well as other financial data. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These documents are exchanged between attorneys from both sides. They provide the opposing party an opportunity to reply to questions in writing, which must be sworn to under oath, and to supply copies of certain documents and other information which could be beneficial to your case.

Your Long Island car accident attorney will also question 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 representing the person at fault will ask you questions, and your answers will either be recorded on video by a court reporter or transcribing.

These pretrial investigation processes are designed to assist your lawyer construct a compelling case against the at-fault person and their insurance company in order to get an equitable settlement for all your losses, injuries or losses, as well as expenses. There is no guarantee 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 are possible where you and the insurance company disagree about who is at fault or the amount of compensation you should be awarded for your injuries. A trial is a formal procedure where both sides present arguments and evidence to a factfinder, who renders a verdict that settles the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene of the accident lawyers witness testimony, statements from witnesses and accident lawyer 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 claims. The defendant's lawyer can interrogate witnesses and object to the admissibility or validity of certain evidence.

In a trial, the jury will decide whether the plaintiff's injuries were caused by the defendant's negligence. They will look at proximate cause which is a tangled legal concept that lawyers spend many hours studying in law school. Proximate cause considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. It is also a complicated matter because it is based on the degree of your injuries and the degree to which you've suffered. Your attorney will provide evidence which includes expert testimony regarding the severity of injuries as well as lost income and future earning potential, in addition to your pain and suffering as well as impairment.

5. Settlement

Every state has a deadline within which you can settle your claim or bring an action. This is known as the statutes of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may be required to file a vehicle accident lawsuit in the court. It is costly and time-consuming, however it is often necessary to seek compensation.

During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal procedure where each side exchanges information with each other). Your lawyer will also make legal filings, also known as motions, which ask the court to do things like excluding certain types of evidence from trial. Settlement negotiations can continue throughout the entire process, and many civil disputes in car accidents settle before a trial is required to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is solid and that you will be willing to take the case to trial. In addition the settlement process is quicker and less risky for them than a trial.

It is vital to be aware of your injuries before you agree to a settlement. You must have completed all medical treatment. You could be denied additional compensation if you accept the settlement before your doctor has determined that you have attained the maximum level of improvement in your medical condition. Don't sign a release until you've met with your lawyer and received a complete understanding of your losses. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully examine your medical records and other evidence to make sure that you receive the entire amount of damages to which you are eligible.