The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if an insurance company refuses to pay you the amount you need to cover your injuries. This will include all of your economic damages like medical bills and lost wages, as well as non-economic damages like pain and suffering.

Then, a judge or jury will decide. If they decide in your favor they will be able to award you damages, similar site and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving negligence is vital to receiving compensation for your injuries. The gathering of evidence is one of the initial steps in the litigation process. it requires gathering documents witnesses' testimony, photographs, and official reports, such as police reports.

Photographs of the scene of the accident can aid your lawyer in determining what actually transpired in the crash, including the position of both cars following the collision, skid marks, road debris and other evidence that is physical. Also, take note of the names and phone numbers of any eyewitnesses who witnessed what transpired. Witnesses who testify that confirm your account of what transpired is vital as it could be common for drivers to have conflicting versions of what transpired, which leads to insurance companies refusing to accept the claim or deny any responsibility at all.

Other evidence that your lawyer could use include medical records. These could include receipts, bills diagnose reports, lab results, discharge instructions, and other evidence that proves the severity of your injuries. You should obtain these documents as soon as is possible, and make sure to give copies to your medical professionals.

Another form of evidence that your lawyer could make use of is a deposition which is out-of-court testimony given under oath and recorded by a court reporter. The lawyer can make use of the testimony to prove that your injuries had an immediate and clear connection to the crash and, therefore, can justify the need for the compensation you deserve for your damages. The majority of the evidence mentioned above is available at the scene of the accident or soon after however some evidence may not be available until much later in the litigation. This is why it's vital to consult a highly-credentialed lawyer in the event of a car accident as soon as you can, so they can begin investigating as evidence is in its purest form.

2. The process of filing a complaint

Once the dust has sunk and you've treated your injuries, it's the time to seek expert legal advice. A car accident attorney will be able to provide the expert advice you require to ensure you receive the maximum compensation for your claim.

The first step is filing a complaint with the court. It will describe your specific claims and the amount you'd like to claim in damages. This document is usually drafted by an attorney and filed in the court. It is also served on the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence related to their claims and defenses. The process can be long and requires both teams to look over a number of documents, including police reports witnesses' statements, police reports and medical records, as well as bills and much more. Each side is able to request interrogatories. These are a series of questions that the other side must answer under oath within a specified time frame.

Throughout this process the lawyer will collaborate with doctors to ensure they have a complete picture of the extent of your injuries and the impact they've had on your daily life. Your attorney will calculate the total damages. This will include any future medical expenses as well as lost wages, pain and [Redirect-Java] suffering and more.

Sometimes, your lawyer may be able to negotiate an agreement with the responsible driver's insurance company. It is likely to be the case following the completion of discovery and before trial. However, if the insurance company refuses to negotiate a fair settlement or if you've sustained significant damages that are not covered by the insurance policy, the case may go to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident law firms in which your attorney and the insurance company of the negligent driver company exchange information that could aid or hinder your claim. Your attorney will ask for copies of documents that support your case, including police reports, medical bills as well as work loss records (e.g. documents from your employer showing how long you missed work due to the accident) photos of your vehicle as well as any damage or injuries or other pertinent financial information. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.

These tools for discovery are used to exchange information between attorneys on both sides. They provide the opposing party the opportunity to answer questions in writing, that must be sworn to under oath, and to supply copies of certain documents and other information that could be helpful to your case.

Your Long Island car accident attorney will also depose witnesses and anyone with information about the damages or injuries you sustained that could be essential to your case. During a deposition the lawyer representing the person at fault will ask you questions and your responses could be recorded on video by the court reporter or translated.

These pretrial investigation procedures are designed to assist your lawyer create a compelling argument against the person at fault and their insurer to get an equitable settlement for all of your injuries, expenses and losses. There is no assurance of a settlement in every case, but the majority of cases do so during or after the investigation process, which is typically concluded prior to the trial.

4. Trial

The majority of car accidents settle through negotiations outside of court however, if you and your insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, your case could go to trial. A trial is an official process where both parties argue and present evidence to a factfinder who makes 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 version of the events during the trial. This will include any evidence supporting it including photos or videos of the scene of the accident witness testimony, statements from witnesses and medical professionals, or documents like police reports and bills. You can also offer testimony regarding your memories of the incident and how it impacted your life. Expert witnesses can also testify to back your assertions. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will decide at trial if the plaintiff's injury was the result of the defendant's reckless behavior. They will consider the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you are entitled to. It is also a complicated issue because it is contingent on the severity of your injuries and the extent to which you've suffered. Your lawyer will present evidence which includes expert testimony about the severity of injuries loss of income, future earnings potential, as also the extent of your suffering and impairment.

5. Settlement

Each state establishes a legal deadline, known as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer can't come to a deal with the insurer, you could be required to file a lawsuit in court. This can be time consuming and expensive, but it is often necessary to pursue compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which both sides exchange information with each other). Your attorney will also file legal documents, known as motions, which ask the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout this process. A lot of car accident civil disputes are settled before trial is required.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and that you will be willing to take the case to trial. Settlements are faster and less risky than a court trial.

Before settling on a settlement, it is crucial to fully comprehend the extent of your injuries and completed all medical treatments. You may not receive additional compensation if settling a settlement until your doctor has determined that you have attained the maximum level of improvement in your medical condition. Also, you should not sign a release until you have consulted with your lawyer about your injuries. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will scrutinize your medical records, and other documents, to ensure that you receive all damages for which you qualify.