The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you require for your injuries, our determined attorneys will prepare an official demand letter. The letter will list all of your economic damages such as medical expenses, lost wages as also non-economic damages like discomfort and pain.

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

1. Gathering Evidence

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

Your attorney might be able to establish what transpired in the accident by taking pictures of the scene, including skid marks, road debris and other physical evidence. Record the names and contact numbers of any witnesses who were present to witness the events. It is essential that witnesses to verify the events that took place, since it can often happen that drivers give contradictory statements that result in insurance companies denying or refusing the liability.

Other types of evidence your lawyer could utilize include medical records. These could include receipts, bills and diagnosis reports, laboratory results, discharge guidelines, and other evidence that demonstrates the extent of your injuries. It is important to obtain these records as quickly as you can, and also provide copies to your healthcare providers.

Another type of evidence your attorney might use is a deposition, which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. Your lawyer may utilize this testimony to prove that your injuries were an obvious, predicable connection to the accident. This helps to justify requesting compensation. The majority of the evidence listed above can be obtained at the scene of the accident or within a short time, but some may not be available until later in the litigation. It is essential to contact an attorney for car accidents with the right credentials as soon as you can so they can begin an inquiry while the evidence is in its purest form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, you need to seek legal advice from an experienced. A lawyer from a car accident can provide you with the knowledge to maximize your compensation.

The first step is filing an application with the court. It will describe your specific claims as well as the amount you wish to recover in damages. This type of document is typically drafted by an attorney and filed in the court. It will also be served to the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can take a long time and requires both parties to go through a myriad of documents including police reports and witness statements and medical records, as well as bills and much more. Each side may ask for interrogatories, which are a series of questions that the other party must answer under oath by a predetermined deadline.

In this stage your lawyer will work with doctors to ensure that they have a complete understanding of the seriousness of your injuries and the impact they have affected your daily routine. Your lawyer will calculate your total damages. This includes future and past medical expenses as well as lost wages, suffering and pain and suffering, and more.

Your lawyer may be able negotiate a settlement with the insurance company of the driver who is at the fault. It is likely to take place after the completion of discovery and prior to trial. If the insurance company refuses an equitable settlement, or if the damages are significant and not covered by insurance, then you could have to go to trial. A judge or jury will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident in which your attorney and the negligent driver's insurance company exchange information that may help or hurt your claim. Your attorney will ask for copies of documents that support your case, such as medical bills, police reports as well as work loss records (e.g. the records from your employer which reveals the amount of time you were absent from work because of the accident) photos of your vehicle and any damages or injuries, and other relevant financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to question witnesses and other parties who are not present.

These written discovery tools are sent back and forth between attorneys of both sides. Written discovery tools allow the opposing side an opportunity to answer questions in writing that need to be answered under oath. They also ask you to provide copies or other information that might be useful to you.

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

The purpose of these pre-trial investigation procedures is to enable your lawyer to construct an effective and convincing argument to the responsible party and their insurer so that you can get an equitable and fair settlement for your losses, injuries and expenses. Although there is no guarantee that every case will settle but the majority settle either during or after the discovery process, which can be completed prior to the time your case reaches trial.

4. Trial

Although the majority of car accident cases are resolved through informal negotiations however, if you and your insurance company are not in agreement about who is to blame or the amount of compensation you should receive for your injuries, the case may be heard in a trial. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder, who issues a decision that resolves the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any supporting evidence, such as photos or videos of the scene of the accident, testimony from witnesses and medical professionals, or documents like police reports and bills. You can also provide testimony about your memories of the incident and how it has had an impact on your life. Expert witnesses will also provide testimony to support your assertions. The attorney representing the defendant may interrogate witnesses and contest the admissibility of specific evidence.

In a trial, the jury must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will be looking at the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate causes examines the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also decide how much compensation you should receive. It's also a complicated issue due to the severity of your injuries and the amount to which you've suffered. Your lawyer will present evidence that includes expert testimony about the severity of injuries as well as lost income and future earning potential, as well as your suffering and impairment.

5. Settlement

Every state has a deadline by which you can resolve your claim or file a lawsuit. This is referred to as the statutes of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, then you might need to file a car accident lawsuit in the court. It can be lengthy and costly, but 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 procedure that is formal in which both sides exchange information with the other). Your attorney will also submit legal documents, referred to as motions, requesting the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can continue during this process. A majority of car accident attorneys civil disputes are resolved prior to a trial.

Insurance companies are more likely to offer fair settlement offers if they believe that your claim for injury is solid and that you'll be willing to take the case to trial. The settlement process is also faster and less risky compared to an in-court trial.

It is important to fully understand your injuries prior to committing to an agreement. You must also have completed all medical treatments. You could be denied additional compensation if you sign an offer of settlement until your doctor has determined that you have attained the level of medical improvement that is the highest. Additionally, you should not sign the release until you've talked to your lawyer and had an accurate understanding of your damages. Your lawyer will make sure that you don't get a poor deal on compensation. They will carefully examine your medical records as well as other documents to make sure that you receive the full amount of damages for which you are eligible.