The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you need for your injuries, our hard-working lawyers will draft an official demand letter. The letter will outline all of your financial losses such as medical expenses, lost wages as also non-economic damages such as discomfort and pain.

A judge or jury will then come to a decision. If they rule in your favor, they will award you damages and the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is the most important aspect to obtain compensation for your injuries and losses. Collecting evidence is one the initial steps in the litigation process, and it involves gathering documents witnesses' testimony, photographs and official reports, such as police reports.

Photographs of the scene of the accident law firm might help your attorney establish what actually transpired during the collision, including the positions of both cars after impact, skid marks road debris and other evidence that is physical. Take down the names and phone numbers of any witnesses who were present to witness the events. It is crucial to have witnesses to verify the events that took place, since it can often be the case that drivers offer contradictory information that can lead to insurance companies refusing to accept or deny liability.

Other evidence forms your lawyer could utilize include medical records. These could include receipts, bills, diagnosis reports, lab results, discharge instructions and other documents that show the severity of your injuries. It is important to obtain these documents as soon as you can, and make sure to give copies to your medical professionals.

A deposition is a different type of evidence your lawyer might make use of. It is a non-in court testimony under oath, which is then transcribed by a Court Reporter. Your lawyer can use this evidence to prove your injuries have a direct, foreseeable link to the accident. This helps to justify seeking compensation. The majority of the evidence listed above can be gathered at the scene of the accident or within a short time, but some may not be available until later in the legal process. It's crucial to speak with a lawyer for car accidents with the appropriate credentials as soon as you can to start an investigation while the evidence is still in its most pure form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, you should seek legal guidance from an expert. An attorney who has handled car accidents can provide the necessary expertise to ensure you receive the maximum compensation for your claim.

The first step is filing a complaint with the court. The complaint will detail your specific claims as well as the amount of money you'd like to claim in damages. This form is usually prepared by an attorney, and filed in the court. It will also be given to the defendant.

The discovery phase starts, allowing both parties to exchange information about their claims and defenses. The process can take a long duration and both teams will have to look over a variety of documents, including police reports and witness statements. They might also need to look at medical documents or bills, as well as other documents. Both sides can request interrogatories. These are a set of questions which the other side has to answer under oath within a specified time frame.

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

Your lawyer could be able to reach a settlement deal with the insurance company of the driver at fault. This is likely to occur following the conclusion of the discovery process and prior to trial. However, if the insurance company is unable to settle the claim in a fair manner or if you have incurred substantial damages that aren't covered by the insurance policy, the case may move forward to trial. A jury or judge will make a decision on the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit, where your attorney and the insurance company exchange information that may help or hurt your claim. Your attorney will seek copies of all documents that support your case. These documents include police reports medical bills, as well as work loss documents from your employer (showing the length of time you were absent due to the accident), photos of your vehicle and any damages or injuries and other financial details. Your attorney will also make use of written discovery tools such as interrogatories request for production, interrogatories and requests for admissions to interview witnesses and other parties that are not in the case.

These written discovery tools are exchanged between attorneys from both sides. They give the opposing party an opportunity to reply to questions in writing, that must be sworn to under oath, and to provide copies of specific documents or other information that could be helpful to your case.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident, as well as anyone with information regarding your injuries or damages that could be pertinent to your case. In a deposition, the lawyer representing the person at fault will ask you questions and your responses are recorded on video by a court reporter or transcribed.

These pretrial investigation procedures are designed to help your lawyer construct a compelling argument against the person at fault and their insurer to secure a fair settlement for all your injuries and losses, accident lawsuit costs and expenses. While there is no guarantee that every case will settle, the majority do at the end of or following the discovery process, which is often be completed before your case is brought to trial.

4. Trial

The majority of car accident cases are settled through informal negotiations, if you and the insurance company are not in agreement about who is to blame or how much compensation you are entitled to for your injuries, your case may go to trial. A trial is a formal proceeding in which both sides argue and present evidence to the factfinder, who makes an announcement to settle the dispute. In personal injury cases the factfinder is usually a jury.

During the trial the lawyer will present your version of events in your opening statements to the jury, and any supporting evidence you have, such as images or videos of the accident scene, testimony from bystanders and medical professionals, and documents such as medical bills and police reports. You may also testify on your memory of the incident and how it affected your life. Expert witnesses can also testify to back your claims. The defendant's attorney can cross-examine witnesses and challenge the admissibility of certain evidence.

The jury will determine at trial if the plaintiff's injury was the result of the defendant's negligence. They will examine proximate cause, a complicated legal concept that lawyers will spend many hours studying during law school. 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're entitled to. This is a thorny issue, as it depends on the severity of your injuries and the severity of your losses. Your lawyer will provide evidence which includes expert testimony regarding the severity of your injuries loss of income, future earning potential, as well as your pain and suffering as well as impairment.

5. Settlement

Every state has a deadline to settle your claim or file an action. This is referred to as the statutes of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, then you might require filing a car accident lawsuit in the court. This could be a lengthy process and expensive, yet it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where each side exchanges information with one another). Your lawyer will also file legal documents referred to as motions asking the court for specific things such as the exclusion of certain types of evidence during trial. Settlement negotiations may continue throughout this process. A lot of civil disputes are settled before a trial is needed.

If they believe that your injury claim is valid and you are willing to go to trial insurance companies will make an acceptable settlement offer. In addition the settlement process is quicker and less risky than a trial.

Before settling on the settlement, it's crucial to fully comprehend the severity of your injuries and have completed all medical treatments. You could lose out on additional compensation if you sign the settlement before your doctor has confirmed that you have achieved the maximum medical improvement. You should also not sign a contract before you have consulted with your lawyer about your damages. Your lawyer will ensure that you don't miss out on valuable compensation. They will look over your medical records, as well as other documentation, to ensure that you receive all damages for which you qualify.