The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount of money you need to cover your injuries, our hard-working lawyers will draft a formal demand letter. It will detail all your economic damages such as medical bills and lost wages, as well as non-economic damages, like pain and suffering.

Then a jury or judge will then make a decision. If they rule in your favor, they will be able to award you damages, and the defendant has to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is crucial to get compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports, such as police reports, and other official reports.

Your attorney might be able to establish what happened during the accident law firms by taking photographs of the scene, which include skid marks or road debris, as well as other physical evidence. Record the names and contact numbers of any witnesses who saw the events. Witnesses who testify that confirm your version of the events is essential as it could be common for drivers to give contradicting reports of what happened, which causes insurance companies to refuse to accept the claim or denying any responsibility at all.

Medical records can also be used by your lawyer to establish the extent of your injury. These records could include bills, receipts laboratory results, diagnosis reports, discharge guidelines and other forms of documentation. You should seek these records as soon as you can and provide copies to your healthcare providers.

Another type of evidence that your lawyer could employ is a deposition which is an out-of court testimony delivered under oath and transcribed by a court reporter. Your lawyer may utilize this testimony to prove that your injuries had an obvious, predicable connection to the accident. This can be used to justify seeking compensation. Although the majority of the above types of evidence can be gathered at the accident scene or soon afterward however, some evidence may not be available until later in the litigation process. It's important to contact an attorney in the case of a car crash with the appropriate credentials as soon as you can to start an investigation when the evidence is in its purest form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, it's the time to seek professional legal advice. A lawyer who has handled car accidents can provide you with the expertise 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 you'd like to claim in damages. The document is usually drafted by your attorney and filed with the court and served to the defendant.

This also begins the discovery phase which allows both parties to exchange information and documents related to their claims and defenses. The process can take a long time and both teams may need to review a lot of documents, including police reports and witness statements. They might also have to look at medical documents or bills, as well as other documents. Each side can demand interrogatories. They are a series of questions which the other party must answer under oath by a predetermined deadline.

In this phase, your lawyer will also work closely with doctors to gather a full picture of your injuries as well as the impact they've had on your life. Your lawyer will then estimate the total damages you have suffered that include future and past medical expenses loss of earnings, pain and suffering, and more.

Sometimes, your lawyer could be able to reach an agreement with the at fault driver's insurance company. This is more likely to occur following discovery and prior to trial. If the insurance company doesn't agree to a fair settlement, or if the damages are significant and are not covered by insurance, you may have to go to trial. A jury or judge will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is where your attorney and the negligent driver's insurer exchange information that can support or damage your claim. Your attorney will ask for copies of the documents supporting your case, such as police reports, medical bills or work-related loss records (e.g. documents from your employer which reveals the amount of time you were absent from work due to the accident), photographs of your vehicle as well as any injuries or damages as well as other financial information. Your attorney will also make use of documents for discovery in writing, such as interrogatories request for production, interrogatories and request for admissions to question witnesses and other parties that are not in the case.

These discovery tools written in writing are sent back and forth between the attorneys on both sides. The written discovery tools provide the opposing side an opportunity to answer questions in writing that need to be answered under oath and to provide copies or other information that might be useful to you.

Your Long Island car Accident Attorneys lawyer will also conduct depositions of witnesses to the accident, as well as anyone with information on your injuries or damages that could be relevant to your case. During a deposition, the lawyer representing the at-fault party will ask you questions and your answers could be recorded on video by the court reporter or translated.

The pretrial investigation process is designed to help your lawyer develop a convincing case against the person who is at fault and their insurer in order to obtain a fair settlement for all of your damages as well as losses, expenses and costs. Although there is no guarantee that all cases settle however, the majority of cases settle during or after the discovery process, which can often be completed prior to the time your trial.

4. Trial

Trials are possible where you and the insurance company do not agree on the source of your fault or the amount you are entitled to 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 is usually a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any supporting evidence like photos or videos of the scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You can also testify regarding your personal memories of the incident, and how it impacted your life. Expert witnesses can also offer evidence to back up your assertions. The defendant's lawyer can cross-examine the witnesses and object to admissibility of some evidence.

In a trial, the jury has to decide if the plaintiff's injuries were the result of the defendant's negligence. They will look at proximate cause an intricate legal concept that lawyers spend many 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 the amount of damages you're entitled to. This is a complicated issue, as it depends on how severe your injuries are and the extent of your losses. Your attorney will present evidence which includes expert testimony about the severity of your injuries, lost income and future earnings potential, as also your suffering and impairment.

5. Settlement

Every state has a deadline to settle your claim or file an action. This is known as the statute of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, then you might have to file a car accident lawsuit in the court. It can be costly and time-consuming. However, it is often necessary to get compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a procedure that is formal in which each side exchanges information with one another). Your lawyer will also file legal documents referred to as motions that ask the court for specific things such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue throughout this process. A majority of car accident civil disputes are settled before trial is required.

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

It is crucial to be aware of the extent of your injuries prior to agreeing to the settlement. You must also have completed all medical treatment. You could be denied additional compensation if you sign 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 have spoken to your lawyer about the damages. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will carefully review your medical records and other documents to make sure that you receive the total amount of damages for which you are eligible.