The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount of money you require for your injuries, our tenacious attorneys will prepare an official demand letter. This letter will detail all of your economic damages such as medical expenses, lost wages as also non-economic damages such as discomfort and pain.

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

1. Gathering Evidence

In a lawsuit that involves an accident in a car it is essential to prove negligence in obtaining compensation for your injuries. Gathering evidence is one of the first steps of the process of litigation, and it involves collecting documents witnesses' testimony, photographs and official reports like police reports.

Photographs of the scene of the accident may help your attorney establish what actually happened in the crash, including the position of both vehicles after collision, skid marks, road debris, and other physical evidence. Also, note the names and contact numbers of any eyewitnesses who saw what happened. It is crucial that witnesses who can confirm the events that occurred, as it can often happen that drivers give contradictory accounts that lead to insurance companies denying or refusing responsibility.

Medical records can also be used by your lawyer to demonstrate the extent of your injury. These documents may include bills, receipts and lab results, diagnose reports, discharge instructions, and other records. You should obtain these records as quickly as you can and send copies to your medical professionals.

Another type of evidence that your attorney may utilize 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 establish that your injuries have a direct and foreseeable connection to the accident and, therefore, can justify the need for the compensation you deserve for your damages. Although the majority of the above types of evidence are collected at the scene of the accident or shortly afterward but some of the evidence might not be available until later in the litigation process. This is why it's crucial to contact a reputable lawyer for car accidents as soon as possible, so that they can begin the investigation when the evidence is in its purest form.

2. The process of filing a complaint

Once the dust has sunk and you've taken care of your injuries, it's the time to seek out legal counsel from an expert. An attorney for car accidents will provide the knowledge and expertise to help you get the most compensation for your claim.

The first step is to file an application with the court. This document will outline your specific claims as well as the amount of money you'd like to recover in damages. The complaint is typically written by your lawyer and filed with the court and served to the defendant.

The discovery phase starts and allows both parties to share information about their defenses and claims. The process can be long and requires both sides to examine a variety of documents, including police reports witnesses' statements, police reports, medical records, bills and much more. Each side can require interrogatories. These are a set of questions which the other party must answer under oath within a set time frame.

In this phase, your lawyer will also work with doctors to ensure they have a complete understanding of the severity of your injuries as well as the impact they've affected your daily routine. Your attorney will calculate your total damages. This will include future and past medical expenses, lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. This is most likely to be the case following the completion of discovery and prior to trial. If the insurance company does not agree to a fair settlement, or if your damages are important and not covered by insurance, then you may need to go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an essential step in any car accident case. It is the point at which your attorney and negligent insurer of the driver exchange information that could help or hurt your claim. Your attorney will request documents that can support your case, such as police reports, medical bills or work-related loss records (e.g., from your employer indicating how much time you missed work because of the accident), photographs of your vehicle as well as any injuries or damages and other financial information. Your attorney may also employ written discovery tools like interrogatories, requests for production and requests for admissions to question witnesses and other parties who are not in the case.

These documents are exchanged between attorneys on both sides. The tools for writing discovery give the opposing side an opportunity to answer questions in writing which must be answered under oath. They also ask you to provide copies or other information that could be useful to you.

Your Long Island car accident lawyer will also take depositions of witnesses to the accident and also anyone who has information about your injuries or damage that could be crucial to your case. During a deposition, the attorney representing the at-fault party will ask you an array of questions and your answers will be recorded on video or transcribed by a court reporter.

The purpose of these pre-trial investigation procedures is to help your lawyer to build an argument that is persuasive and strong 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 at the end of or following the discovery process, which can often be completed before the trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations If you and the insurance company do not agree on who is at fault or the amount of compensation you should receive for your injuries, your case could go to trial. A trial is a formal proceeding in which both parties present arguments and evidence before an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene, testimony from witnesses and medical professionals, documents like police reports and bills. You can also testify regarding your memories of the incident, and how it impacted your life. Expert witnesses are also able to testify in support of your claims. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

The jury will decide during trial whether the plaintiff's harm was the result of the defendant's reckless behavior. They will consider the proximate cause, a complicated legal concept that law school students spend hours studying. Proximate causes considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury must also determine 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 attorney will present your evidence that includes expert testimony from a witness regarding the severity of your injuries, your loss of income, and your future earnings potential as well as your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations, in which you must settle your claim or bring a lawsuit. If your lawyer is not able to reach a settlement with the insurer, you might have to file a lawsuit in court. It is costly and time-consuming, however it is often required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where both sides exchange information with each other). Your lawyer will also file legal documents known as motions to request the court for certain things, such as excluding certain types of evidence in trial. Settlement negotiations can be ongoing throughout this process, and a lot of civil disputes arising from car accidents end before a trial needs to be held.

If they feel that your injury claim is solid and you are willing to go to trial, insurance companies will make an acceptable settlement offer. Settlement is faster and less risky than a court trial.

Before settling on an agreement, it's essential to be aware of the severity of your injuries. You must also have completed all medical treatments. If you settle before your doctor has determined you have reached maximum medical improvement (MMI) and you are not able to miss out on additional compensation. Also, you should not sign a release until you've talked to your lawyer and have a complete understanding of your losses. Your attorney will ensure that you do not get a poor deal on compensation. They will look over your medical records, and other documentation to ensure that you are entitled to all the damages you are entitled to.