The First Steps in Car Accident Litigation

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

Then a jury or judge will decide. If they make a decision to your advantage you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is key to obtaining compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports, like police reports, and other official reports.

Photographs of the scene of the accident can assist your attorney in determining what actually transpired during the collision, including the positions of both vehicles after collision, skid marks, road debris, and other physical evidence. Also, keep track of the names and contact information of any eyewitnesses who witnessed what transpired. Witnesses who testify that confirm your account of the events is essential especially as it can be common for drivers to have contradictory versions of what transpired, which causes insurance companies to refuse to accept the claim, or even deny the responsibility completely.

Medical records can also be used by your lawyer to demonstrate the severity of your injury. These documents could include bills, receipts, lab results, diagnosis reports, discharge guidelines and other documents. You should seek these documents as soon as is possible, and make sure to give copies to your healthcare professionals.

Depositions are another form of evidence your lawyer could utilize. This is an out-of court testimony given under oath, and then transcribed by a Court Reporter. Your lawyer may use this testimony to establish your injuries were an immediate, obvious connection to the accident. This can be used to justify seeking compensation. The majority of the evidence listed above is available at the scene of the accident or shortly afterwards, but some may not be available until much later in the litigation. It's important to contact an attorney for car accidents with the right credentials as soon as you can so they can begin an investigation while the evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you've treated your injuries, it's the time to seek professional legal advice. An attorney for car accidents can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is filing an application with the court. This will outline your specific claims as well as the amount of money you'd like to recover in damages. This document is typically drafted by your lawyer and filed with the court and served to the defendant.

The discovery phase starts, allowing both parties to share information about their defenses and claims. The process can be very long and requires both parties to review many documents, including police reports witnesses' statements, police reports medical records, bills and much more. Each side may require interrogatories. These are a series of questions that the other party must answer under oath within a set timeframe.

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

Sometimes, your lawyer may be able to negotiate a settlement with the at-fault driver's insurance company. This will most likely occur after the completion of the discovery process and prior to trial. If the insurance company refuses to settle the claim in a fair manner or if you've sustained substantial damages that aren't covered by the insurance policy, the case may go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawyers lawsuit where your lawyer and the insurance company exchange information that could assist or derail your claim. Your attorney will request copies of the documents supporting your case, such as medical bills, police reports and work loss records (e.g. an email from your employer which reveals how much time you missed work due to the accident), photographs of your car and any damages or injuries and other financial information. Your attorney may also use documents for discovery in writing, such as interrogatories and requests for production to question witnesses and other parties who are not present.

These tools for discovery are exchanged between attorneys from both sides. Written discovery tools allow the other side an opportunity to respond to questions in writing that need to be answered under oath and to provide copies or other information that could be helpful to you.

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

The goal of these pre-trial investigation procedures is to assist your lawyer to build an effective and convincing argument against the at-fault party as well as their insurance company so that you can receive a full and fair settlement for your injuries, accident law firms losses and expenses. While there is no assurance that all cases will settle but the majority settle during or after the discovery process, which can often be completed before the case is brought to trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations If you and the insurance company do not agree on who is at fault or the amount of compensation you should receive for your injuries, the case may be heard in a trial. A trial is an official proceeding in which both parties argue and present evidence to a factfinder who makes an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will explain your story in your opening statements to the jury, as well as any other evidence you may have, such as images or videos of the accident law Firms scene, testimony from witnesses and medical professionals, and documents such as police reports and medical bills. You may also offer your testimony about your memories of the incident and how it impacted your life. Expert witnesses can also testify to back your claims. The attorney for the defendant can cross-examine witnesses and object to the admissibility of specific evidence.

At trial, the jury has to decide if the plaintiff's injuries were the result of the defendant's negligence. They will consider proximate causes, a complex legal concept that law students will spend hours studying. Proximate causes analyzes the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you should receive. It's a difficult issue due to the degree of your injuries and the amount to which you've suffered. Your attorney will present evidence, including expert testimony, Accident Law Firms about the severity of your injuries as well as lost income and future earnings potential, as also your pain and suffering as well as impairment.

5. Settlement

Each state has a specific 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 is not able 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, but this is often required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a process formal where each side exchanges information with one another). Your lawyer will also make legal filings, also known as motions, requesting the court to take actions like exclude certain types of evidence from trial. Settlement negotiations can continue throughout the entire process, and a majority of civil disputes arising from car accidents end before a trial can be held.

If they feel that your injury claim is valid and you are willing to go to trial insurance companies will make a fair settlement offer. Additionally the settlement process is more efficient and less risky for them than a trial.

Before settling on an agreement, it is crucial to fully comprehend the severity of your injuries and that you have completed all medical treatments. You could lose out on additional compensation if you accept a settlement until your doctor has determined that you have reached the level of medical improvement that is the highest. Additionally, you should not sign a release until you've talked to your lawyer and received an accurate understanding of your damages. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will carefully examine your medical records and other documents to ensure that you receive the total amount of damages to which you are eligible.