The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter if the insurance company refuses to pay the amount you're entitled to for your injuries. This letter will detail all of your economic losses such as medical expenses, lost wages as and non-economic losses like pain and discomfort.

A jury or judge will then make a decision. If they decide in your favor they will give you damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in the car, proving negligence is vital to receive compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, 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 location of both cars after impact, skid marks road debris and other physical evidence. Take down the names and contact numbers of any eyewitnesses that witnessed what transpired. Witnesses that testify to support your version of what transpired is vital, especially since it can be common for drivers to give contradicting versions of what transpired, which can lead to insurance companies refusing to accept the claim or even denying responsibility completely.

Other types of evidence your lawyer may use include medical records, which can include receipts, bills and diagnosis reports, laboratory results, discharge instructions, and other evidence that proves the severity of your injuries. It is essential to get these records as quickly as you can, and also provide copies to your healthcare professionals.

A deposition is another form of evidence that your attorney may employ. This is an out-of court testimony given under oath and later transcribing by a Court Reporter. The lawyer can use the testimony to prove that your injuries have had an immediate and obvious connection to the accident, which helps justify requesting the compensation you deserve for your damages. Most of the evidence discussed above can be gathered at the scene of the accident or shortly afterwards, but some may not be available until much later in the legal process. This is why it's important to talk to a reputable lawyer in the event of a car accident as soon as possible so that they can begin an investigation while vital evidence is still in its purest form.

2. How to file a complaint

Once the dust has sunk and you've treated your injuries, it's time to seek out legal counsel from an expert. A lawyer from a car accident can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint with court, which lists the specific claims you're making and how much money you are seeking in damages. The document is usually written by an attorney and filed in the court. It will also be served on the defendant.

The discovery phase begins with both parties able to share information about their claims and defenses. The process can take a long time and requires both parties to examine a variety of documents, including police reports and witness statements and Accident Law firm medical records, as well as bills and more. Each side may request interrogatories. They are a set of questions which the other side must answer under oath within the timeframe specified.

In this phase, your lawyer will also work closely with medical professionals to obtain a full picture of your injuries and the impact they've caused on your life. Your attorney will calculate the total damages. This will include any future medical expenses including lost wages, suffering and pain, and much more.

Sometimes, your lawyer might be able to reach an agreement with the at-fault driver's insurance company. It is likely to take place after the completion of discovery and prior to trial. If the insurance company does not agree to a fair settlement, or if the damages are important and not covered by insurance, then you might be required to go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is where your attorney and negligent insurer for the driver exchange information that can support or damage your claim. Your attorney will request copies of documents to support your claim. This includes police reports as well as medical bills and work loss documents from your employer (showing the amount of time you missed due to the accident), photos of your vehicle, any injuries or damages as well as other financial data. Your attorney will also use written discovery tools, such as interrogatories and requests for production, as well as requests for admissions to interview witnesses and other parties that are not present in the case.

The written discovery tools are circulated back and forth between the attorneys on both sides. The written discovery tools provide the opposing side an opportunity to answer questions in writing which must be answered under oath and to provide copies of other information that could be useful to you.

Your Long Island car accident Law firm attorney will also depose witnesses and anyone who has information regarding the damages or injuries you sustained that could be essential to your case. During a deposition attorney representing the at-fault party will ask you a series of questions, and your answers will be recorded on video or translated by a court reporter.

The goal of these pre-trial investigation procedures is to enable your lawyer to build an argument that is convincing and persuasive to the party at fault and their insurer, so that you can secure an equitable and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases will settle but the majority settle in the course of or following the discovery process, which can often be completed before your case is brought to trial.

4. Trial

Trials are possible when you and the insurance company disagree on fault or the amount you should be awarded for your injuries. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder who makes a decision which settles the dispute. In personal injury cases the factfinder usually a jury.

During the trial, your lawyer will present your version of events in your opening statements to the jury, along with any supporting evidence that you have, like photos or video of the accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents such as medical bills and police reports. You may also testify on your memories of the incident, and how it impacted your life. Expert witnesses can also testify to back your claims. The defendant's lawyer can cross-examine the witnesses and object to the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's injury was the result of the defendant's reckless behavior. They will examine proximate cause, a complicated legal concept that lawyers spend many hours studying in law school. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury also has to decide the amount of damages you're entitled to. This is another complicated issue depending on how severe your injuries are and the severity of your losses. Your attorney will provide evidence, including expert testimony, about the severity of your injuries loss of income, future earning potential, as well as your pain and suffering as well as impairment.

5. Settlement

Each state has a deadline within which you can settle your claim or bring an action. This is referred to as the statutes of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you could need to file a car accident lawsuit in the court. This could be a lengthy process and expensive, yet it is usually required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a procedure that is formal in which both sides exchange information with one another). Your attorney will also file legal documents, known as motions, requesting the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can go on throughout the entire process, and a lot of car accident civil disputes end before a trial is required to be held.

If they believe your injury claim is legitimate and you are willing to go to trial Insurance companies will offer a fair settlement offer. Additionally the settlement process is quicker and less risky for them than a trial.

It is important to be aware of your injuries before you agree to a settlement. You must also have completed all medical treatment. You could be denied additional compensation if settling the settlement before your doctor has determined that you have reached the maximum medical improvement. You should also not sign a release until you have consulted with your lawyer about the damages. Your lawyer will ensure that you don't miss out on a substantial amount of compensation. They will carefully examine your medical records and other documents to make sure that you receive the full amount of damages for which you are eligible.