The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if an insurance company refuses to provide you with the amount you require for your injuries. The letter will outline all of your economic damages like medical expenses and lost wages as and non-economic losses like discomfort and pain.

Then the judge or jury will make a decision. If they rule in your favor, they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in the car it is essential to prove negligence to obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports, like police reports, and other official reports.

Photographs of the scene of the accident could assist your attorney in determining what actually transpired in the collision, including the positions of both cars following the impact, skid marks, road debris and other physical evidence. Also, keep track of the names and contact information of any witnesses who witnessed what occurred. Witnesses that testify to support your version of the events is essential as it could be common for drivers to have conflicting reports of what happened, which can lead to insurance companies refusing to accept the claim or denying the responsibility completely.

Other types of evidence your lawyer might use include medical records, which can include bills, receipts diagnose reports, lab results, discharge instructions and other evidence that proves the extent of your injuries. It is essential to get these records as quickly as possible and provide copies to your medical professionals.

Another type of evidence that your attorney may employ is a deposition which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. Your lawyer could make use of this testimony to prove your injuries have an obvious, predicable connection to the accident. This helps to justify the need for compensation. The majority of the evidence mentioned above can be collected at the site of the accident or shortly afterwards but some of it may not be available until later in the litigation. This is why it's important to contact a reputable car accident lawyer as soon as you can, so they can begin the investigation when the evidence is in its most pure form.

2. Making a complaint

When the dust has cleared and you have tended to your injuries, it's the time to seek legal advice from a professional. A lawyer for car accidents will provide the knowledge and expertise to help you get the most compensation for your claim.

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

This also begins the discovery phase, which allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a considerable time and both teams will require a thorough review of documents including police reports and witness statements. They might also need to review medical records as well as bills and other documents. Each side may require interrogatories. These are a series of questions the other party must answer under oath within a specified time frame.

Throughout this process, your lawyer will also collaborate with medical professionals to ensure they have a complete understanding of the severity of your injuries as well as the impact they've had on your daily life. Your attorney will calculate your total damages including the past and future medical costs as well as lost earnings, pain and suffering, and Accident Lawyer 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 following discovery and prior to trial. If the insurance company is unwilling to offer an equitable settlement, or if your damages are significant and are not covered by insurance, then you could be required to 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 phase in any lawsuit involving a car accident the attorney representing you and the negligent driver's insurance company exchange information that could support or damage your claim. Your attorney will request copies of documents to support your case. These include police reports medical bills, work loss records from your employer (showing the amount of time you were absent due to the accident) photographs of your vehicle, any injuries or damages, and other financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.

These tools for writing discovery are exchanged between attorneys from both sides. They give the opposing party the opportunity to answer questions in writing, which must be sworn to under oath, and to provide copies of certain documents or other information that may be relevant to your case.

Your Long Island car accident attorney will also depose witnesses and any other person with information about your injuries or damages which could be essential to your case. During a deposition, the lawyer for the person who is at fault will ask you several questions, and your responses will be recorded on video or transcribed by a court reporter.

The purpose of these pre-trial investigation procedures is to allow your lawyer to present an argument that is convincing and persuasive against the at-fault party as well as their insurance company so that you can receive an equitable and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case but the majority of them occur during or after the investigation process, which is often completed prior to the trial.

4. Trial

Trials are possible where you and the insurance company do not agree about who is at fault or the amount you are entitled to for your injuries. A trial is an official process where both parties are required to present arguments and evidence before a factfinder who will make an decision on how to resolve the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the accident lawyers scene as well as testimony from witnesses and medical professionals, or documents like police reports and bills. You can also provide testimony about your memories of the incident and how it has impacted your life. Expert witnesses will also provide testimony to support your assertions. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of specific evidence.

At trial, the jury must decide whether the plaintiff's injuries were the result of the negligence of the defendant. They will look at the proximate cause, a complicated legal concept that law students will spend hours studying. 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. It's also a complex matter because it is based on the degree of your injuries and the extent to which you've suffered. Your lawyer will present your evidence, including expert witness testimony regarding the severity of your injuries, your lost income, as well as future earnings potential as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state sets a legal deadline, commonly referred to as the statute of limitations, in which you must settle your claim or make a claim. If your lawyer can't reach a settlement with the insurer, you might have to make a court filing. This could be a lengthy process and costly, but it is usually required to seek compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents, referred to as motions asking the court to consider the exclusion of certain kinds of evidence during trial. Settlement negotiations may continue throughout this process. Many car accident civil disputes are settled prior to a trial.

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

Before settling an agreement, it's essential to be aware of the severity of your injuries and have completed all medical treatment. If you settle before your doctor has determined that you have reached maximum medical improvement (MMI) and you are not able to miss out on additional compensation. It is also important not to sign a settlement agreement before you have spoken to your lawyer regarding your damages. Your lawyer will ensure that you do not miss out on valuable compensation. They will carefully examine your medical records as well as other documents to ensure that you get the full amount of damages for Accident Lawyer which you are eligible.