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The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official letter of demand if the insurance company is unable to pay the amount you require for your injuries. This will list all your financial damages including medical expenses and lost wages, as well as other damages that are not economic, like suffering and pain.

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

1. Gathering Evidence

In a lawsuit for a car accident, proving the negligence and liability is key to obtaining compensation for your injuries and losses. Gathering evidence is one of the first steps in the litigation process. it involves collecting documents witnesses' testimony, photographs as well as official reports such as police reports.

Photographs of the scene of the accident might aid your lawyer in determining what actually happened in the collision, including the positions of both cars following the impact, skid marks, road debris, accident law firm and other physical evidence. Also, note the names and contact numbers of any eyewitnesses who saw what happened. It is crucial that witnesses who can confirm the events that occurred, as it can often be the case that drivers will give contradictory accounts that lead to insurance companies denying or refusing liability.

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

Another type of evidence that your attorney could use is a deposition, which is a non-court-issued testimony that is given under oath and transcribed by a court reporter. Your lawyer can use this testimony to establish your injuries have a clear, identifiable connection to the accident. This is a good argument to support seeking compensation. While most of the above-mentioned types of evidence can be gathered at the accident scene or shortly thereafter however, some evidence may not be accessible until later in the litigation process. It is essential to contact a car accident lawyer with the right credentials immediately to begin an investigation as evidence is in its most pure form.

2. The process of filing a complaint

After the dust has settled and you've taken care of your injuries, you need to 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 with court, which outlines the specific claims that you are making and the amount you're seeking in damages. The document is usually written by your attorney, and then filed with the court and served to the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence that is related to their claims and defenses. The process can take a long time and requires both parties to go through a myriad of documents including police reports, witness statements medical records, bills and more. Each side may request interrogatories. These are a series questions which the other side must answer under oath in the specified timeframe.

In this phase, your lawyer will also collaborate with your doctor to get the full picture of your injuries as well as the impact they've affected your life. Your attorney will calculate the total damages you have suffered that will include future and past medical expenses as well as lost earnings, suffering and pain and much more.

Sometimes, your lawyer might be able to reach an agreement with the at fault driver's insurance company. This will most likely occur after the completion of discovery and prior to trial. If the insurance company doesn't agree to a fair settlement or if the damages are substantial and not covered by insurance, then you could be required to 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 lawsuit involving a car accident where your lawyer and the insurance company of the negligent driver company exchange information that may assist or derail your claim. Your attorney will request copies of the documents to support your claim. These include police reports as well as medical bills and work loss documents from your employer (showing the amount of time you've missed due to the accident) photos of your vehicle, any injuries or damages, and other financial information. Your attorney could also make use of written discovery tools, such as interrogatories and requests for production to inquire about witnesses and other parties who are not present.

These discovery tools written in writing are exchanged back and forth between attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, which need to be answered under oath and to provide copies of certain documents and other information that could be helpful to your case.

Your Long Island car accident attorney will also depose witnesses and any other person with information about the damages or injuries you sustained that could be important to your case. During a deposition, the lawyer representing the party at fault will ask you an array of questions and your responses will be recorded on video or transcribed by a court reporter.

The goal of these pre-trial investigation procedures is to enable your lawyer to present an argument that is convincing and persuasive against the at-fault party as well as their insurer, so that you can secure a fair and complete settlement for your losses, injuries and expenses. Although there is no assurance that all cases will settle, the majority do either during or after the discovery process, which may be completed prior to the time your case is brought to trial.

4. Trial

The majority of car accident cases are settled through informal negotiations, if you and the insurance company disagree about fault or how much compensation you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal hearing where both sides present arguments and evidence to a factfinder, who issues a decision that settles the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will be able to give your account of the events in opening statements to the jury, and any supporting evidence you may have, such as photos or video of the accident scene, testimony from people who witnessed the Accident attorneys and medical professionals, and documents like medical bills and police reports. You can also give your testimony regarding your recollection of the incident and how it has had an impact on your life. Expert witnesses will also provide testimony to support your claims. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of certain evidence.

At trial, jurors must decide if the plaintiff's injuries were caused by the negligence of the defendant. They will consider proximate cause which is a tangled legal concept that lawyers spend countless hours studying during law school. Proximate causes examines the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine how much damages you're entitled to. This is a thorny issue, as it depends on how severe your injuries are and the extent of your losses. Your lawyer will present evidence that includes expert testimony regarding the severity of your injuries loss of income, future earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Every state has a legal deadline, commonly referred to as the statute of limitations, that you must meet to settle your claim or make a claim. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you may be required to file a vehicle accident lawsuit in the court. It can be time-consuming and costly, but it is usually required to seek compensation.

During this procedure you and your Long Island personal injury lawyer will participate in discovery (a formal process in which each party exchanges information with the other side) and be present at hearings. Your lawyer will also prepare legal documents, also known as motions, requesting the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are settled before a trial is needed.

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

It is vital to be aware of your injuries prior to committing to a settlement. You should also have completed all medical treatment. You could be denied additional compensation if you sign an offer of settlement until your doctor has determined that you have attained the level of medical improvement that is the highest. Don't sign a release before you have spoken with your lawyer about your injuries. Your lawyer will ensure that you don't lose out on a significant amount of compensation. They will carefully examine your medical records and other documentation to ensure that you receive the full amount of damages to which you are eligible.