The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount you need for your injuries, our persistent attorneys will prepare a formal demand letter. This will list all your financial losses, such as medical bills and lost wages, as well as non-economic damages, like pain and suffering.

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

1. Gathering Evidence

In a lawsuit for a car accident the proof of negligence and liability is crucial to get compensation for your losses and injuries. The gathering of evidence is one of the first steps of the litigation process. it requires gathering documents including photographs, witness statements as well as official reports, such as police reports.

Your attorney may be able to establish what happened in the accident by taking photos of the scene, including skid marks, road debris and other physical evidence. Record the names and contact information of any eyewitnesses that witnessed what happened. It is crucial to have witnesses who can confirm the events that occurred, as it can often be the case that drivers offer contradictory stories that lead to insurance companies refusing or denial of the responsibility.

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

A deposition is a different type of evidence that your attorney might employ. It is an out-of court testimony given under oath, which is then transcribed by a Court Reporter. Your lawyer can use the testimony to establish that your injuries had an immediate and obvious connection to the accident, which helps justify requesting compensation for your injuries. While most of the above-mentioned types of evidence can be collected at the scene of the accident or soon afterward however, some evidence may not be accessible until later in the litigation process. This is why it's crucial to speak with a well-credentialed lawyer in the event of a car accident as soon as possible so that they can begin investigating while vital evidence is still in its most pure form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, seek legal guidance from an expert. A car accident attorney can provide the expertise needed to help you obtain maximum compensation for your claim.

The first step is to file an application with the court. It will describe your specific claims as well as the amount you wish to recover in damages. The document is usually written by your attorney and filed with the court and served on the defendant.

This also triggers the discovery phase that allows both sides to exchange information and evidence related to their defenses and claims. The process can take a long time, accident attorney and both teams will be required to examine a large number of documents including police reports and witness statements. They may also have to review medical records and bills as well as other documents. Each side can request interrogatories. These are a series of questions which the other side must answer under oath within an agreed upon timeframe.

In this stage, your lawyer will also work with medical professionals to ensure they have a complete understanding of the seriousness of your injuries and the impact they have had on your daily life. Your lawyer will then calculate your total damages, which will include the past and future medical costs as well as lost earnings, suffering and pain and much more.

Sometimes, your lawyer could be able to reach an agreement with the at-fault driver's insurance company. This is more likely to happen after discovery and before the trial. If the insurance company doesn't agree to a fair settlement, or if your losses are substantial and not covered by insurance, then you may be required to go to trial. A jury or judge will make a decision on the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. This is the time when your attorney and the negligent insurer for the driver exchange information that can support or damage your claim. Your attorney will ask for copies of documents that support your case. These include police reports as well as medical bills and work loss documents from your employer (showing how much time you've missed due to the accident) photos of your vehicle as well as any injuries or damages and other financial details. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to inquire into witnesses and parties who are not present.

These discovery tools written in writing are distributed back and forth between attorneys from both sides. Written discovery tools allow the opposing side an opportunity to respond to questions in writing that need to be answered under oath. It also allows you to provide copies or other information that might be helpful to you.

Your Long Island car accident attorney will also interview witnesses and anyone with information about your injuries or damages that could be vital to your case. During a deposition, the attorney representing the at-fault party will ask you an array of questions and your responses will be recorded on video or transcribed by a court reporter.

These pretrial investigation procedures are designed to help your lawyer create a compelling case against the at-fault person and their insurer to get an equitable settlement for all of your damages, expenses and losses. Although there is no guarantee that all cases settle but the majority settle at the end of or following the discovery process, which can be completed before your case reaches trial.

4. Trial

Trials are possible in cases when you and the insurance company are not in agreement on the source of your fault or the amount of compensation you should be awarded 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 a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any supporting evidence including photos or videos of the scene of the accident, testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also give your testimony regarding your recollection of the incident and how it has had an impact on your life. Expert witnesses can also testify to support your claims. The attorney representing the defendant may interrogate witnesses and contest the admissibility of specific evidence.

The jury will determine at trial whether the plaintiff's injury was caused by the defendant's reckless behavior. They will consider proximate causes, a complex legal concept that law students will spend hours studying. Proximate causes considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. It's also a complex issue because it is contingent on the degree of your injuries and the extent to which you have suffered. Your lawyer will present your evidence including expert testimony from a witness regarding the severity of your injuries, the loss of income, as well as future earnings potential as well as your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Every state has a legal deadline, known as the statute of limitations by which you must settle your claim or start a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you could be required to file a vehicle accident lawsuit in court. It can be time-consuming and costly, however it is usually necessary to pursue compensation.

During this procedure you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure where parties exchange information with the other side) and will attend hearings. Your attorney will also prepare legal documents, also known as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations may continue throughout the entire process, and many civil disputes arising from car accidents end before a trial is required to be held.

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

Before settling an agreement, it's important to understand the severity of your injuries and completed all medical treatments. You could lose out on additional compensation if you accept a settlement until your doctor has determined that you have attained the maximum medical improvement. Don't sign a settlement agreement before you have consulted with your lawyer regarding your damages. Your attorney will ensure that you don't get a poor deal on compensation. They will go through your medical records as well as other documents, to ensure that you receive all the damages that you are entitled to.