The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount you require for your injuries, our hard-working attorneys will prepare a formal demand letter. This will outline all the economic losses you have suffered including medical expenses and lost wages, as well as non-economic damages, like pain and suffering.

Then a jury or judge will take a call. If they decide in your favor you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

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

Your lawyer might be able to determine what happened during the accident by taking pictures of the scene, which include skid marks or road debris, as well as other physical evidence. Also, keep track of the names and contact details of any witnesses who were present at what occurred. Having witnesses testify that corroborate your account of the events is essential, especially since it can be common for drivers to have conflicting stories of what happened. This results in insurance companies refusing to accept the claim or even denying responsibility completely.

Medical records can also be utilized by your lawyer to establish the extent of your injury. These records could include receipts, bills laboratory results, diagnosis reports, discharge instructions and other forms of documentation. You should get these documents as soon as is possible, and make sure to send copies to your medical professionals.

Another form of evidence that your attorney may use is a deposition, which is a non-court-issued testimony that is given under oath and transcribed by a court reporter. Your lawyer may use the testimony to prove that your injuries have had an immediate and clear connection to the Accident Attorneys and, therefore, can justify the need for compensation for your injuries. The majority of the evidence mentioned above can be obtained at the site of the crash or shortly after however some evidence may not be available until later in the litigation. This is why it's vital to consult a highly-credentialed lawyer for car accidents as soon as possible so that they can begin the investigation as evidence is in its most pure form.

2. Filing a Complaint

Once the dust has sunk and you've treated your injuries, it's time to seek expert legal advice. A car accident lawyer can give you the experience to maximize your compensation.

The first step is to file a complaint with court, which lists the specific claims you have filed and how much money you are seeking in damages. This form is usually prepared by an attorney and then filed in the court. It will also be served on the defendant.

The discovery phase starts and allows both parties to exchange information regarding their defenses and claims. The process can be long and requires both parties to look over a number of documents, including police reports as well as witness statements and medical records, as well as bills and more. Both sides can request interrogatories. They are a set of questions which the other side must answer under oath within the specified timeframe.

In this phase, your lawyer will also collaborate with medical professionals to obtain a full picture of your injuries and the impact they've caused on your life. Your lawyer will determine your total damages. This includes future and past medical expenses as well as lost wages, pain and suffering and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver at fault. This will most likely be the case following the completion of discovery, but before trial. If the insurance company refuses to settle the claim in a fair manner or if you've sustained significant losses that aren't covered by the insurance policy, your case may move forward to trial. A jury or judge will make a final decision in the case based on the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident lawsuits case. This is where your attorney and the negligent insurer of the driver exchange information that can support or undermine your claim. Your attorney will ask for copies of the documents supporting your case, such as police reports, medical bills and work loss records (e.g. the records from your employer which reveals how much time you missed work due to the accident) photos of your vehicle, any injuries or damage as well as other financial information. Your attorney will also use written discovery tools such as interrogatories request for production, interrogatories and requests for admissions to interview witnesses and other parties that are not present in the case.

These tools for writing discovery are used to exchange information between attorneys on both sides. The written discovery tools give the opposing party a chance to respond to questions in writing which must be answered under oath. It also allows you to provide copies of other information that may be useful to you.

Your Long Island car accident attorney will also depose witnesses and anyone who has information regarding your injuries or damages that could be important to your case. In a deposition, the lawyer representing the party at fault will ask you questions, and your answers could be recorded on video by an official court reporter or recorded.

The goal of these pre-trial investigation procedures is to assist your lawyer to present an argument that is convincing and persuasive against the at-fault party as well as their insurer so that you are able to secure an equitable and fair settlement for your injuries, losses and expenses. Although there is no guarantee that all cases will settle but the majority settle during or after the discovery process, which is often be completed before your trial.

4. Trial

The majority of car accident cases settle through out-of-court negotiations however, if you and your insurance company disagree about fault or how much compensation you are entitled to for your injuries, your case could be heard in a trial. A trial is a formal process where both parties are required to are required to argue their case and provide evidence before an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any supporting evidence including 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 affected your life. Expert witnesses can also testify to support your claims. The lawyer for the defendant may interrogate witnesses and contest the admissibility of certain evidence.

At trial, the jury will determine if the plaintiff's injuries were the result of the defendant's negligence. They will examine proximate causes, a complex legal concept that law students will spend hours studying. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also decide the amount of damages you are entitled to. This is a complicated issue because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will present evidence including expert witness testimony about the severity of your injuries, your lost income, and future earnings potential and your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Each state has a specific legal deadline, also known as the statute of limitations in which you must settle your claim or file a lawsuit. If your lawyer cannot negotiate a settlement with your insurer, you may have to file a lawsuit in court. It can be time-consuming and costly, however it is usually required to seek compensation.

During this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents, referred to as motions to ask the court for specific things such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are resolved before a trial is necessary.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is legitimate and that you are willing to take the case to trial. Additionally, settlement is quicker and less risky for them than a trial.

It is essential to fully comprehend your injuries before you agree to an agreement. You must have completed all medical treatments. It is possible to lose additional compensation if settling the settlement until your physician has concluded that you have reached the maximum level of improvement in your medical condition. You should also not sign the release until you've spoken with your lawyer and had full understanding of your losses. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will go through your medical records as well as other documentation to ensure that you are entitled to all of the compensation you're entitled to.