The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal letter of demand if the insurance company is unable to pay the amount you need to cover your injuries. The letter will outline all of your economic losses like medical expenses and lost wages as well as non-economic damages like pain and discomfort.

A judge or jury will then take a call. If they rule in your favor they will be able to award you damages, and the defendant has to pay them.

1. Gathering Evidence

In a car accident law firm lawsuit, proving negligence and liability is essential to receive compensation for your injuries and losses. The gathering of evidence is one of the first steps of the process of litigation, and it requires gathering documents such as photographs, witness testimony, and official reports, such as police reports.

Your attorney may be able to establish what transpired in the accident attorneys by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Note down the names and contact numbers of any witnesses who saw the incident. It is crucial that witnesses who can confirm the events that took place, as it can often be the case that drivers give contradictory statements that result in insurance companies refusing to accept or deny the liability.

Other types of evidence your lawyer may use include medical records. These could include bills, receipts and diagnosis reports, laboratory results, discharge instructions, and other evidence that proves the severity of your injuries. It is important to obtain these records as quickly as you can and send copies to your medical professionals.

Another form of evidence that your attorney could utilize is a deposition, which is an out-of court testimony delivered under oath, and then transcribed by a court reporter. Your lawyer may make use of this testimony to prove your injuries have a direct, foreseeable link to the accident. This helps to justify seeking compensation. Although the majority of the above types of evidence can be taken at the scene of the accident or shortly afterward however, some evidence may not be accessible until later in the litigation process. This is the reason it's essential to consult a highly-credentialed car accident lawyer as soon as you can, so they can begin the investigation when the evidence is in its purest form.

2. Filing a complaint

After the dust has settled and you've taken care of your injuries, seek legal guidance from an expert. An attorney who has handled car accidents will be able to provide the expert advice you require to help you get the most compensation for your claim.

The first step is to file an application with the court. It will describe your specific claims and the amount you'd like to recover in damages. The document is usually drafted by your attorney, and then filed with the court and then served on the defendant.

The discovery phase begins with both parties able to share information regarding their claims and defenses. The process can take a considerable time and both teams will need to review a lot of documents, including police records and witness statements. They might also have to examine medical records as well as bills and other documents. Each side may request interrogatories. These are a series questions which the other side must answer under oath in the specified timeframe.

During this stage, you lawyer will also collaborate with medical professionals to obtain an accurate picture of your injuries and the impact they've caused on your life. Your attorney will then calculate your total damages that include past and future medical expenses and lost earnings, as well as pain and suffering, and more.

Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. It is likely to occur after the completion of discovery and prior to trial. If the insurance company is unable to settle the claim in a fair manner or if you've sustained substantial damages that aren't covered by the insurance policy, the case could go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an essential step in any car accident case. This is when your attorney and negligent insurer for the driver exchange information that can support or derail your claim. Your attorney will request copies of the documents to prove your case. This includes police reports as well as medical bills and work loss records from your employer (showing how much time you've missed because of the accident) photographs of your vehicle damaged or injured as well as other financial data. Your attorney may also use documents for discovery in writing, such as interrogatories and requests for production to ask questions of parties and witnesses who are not present.

These tools for writing discovery are exchanged between attorneys from both sides. They give the opposing party the chance to respond to questions in writing, which need to be answered under oath, and to provide copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident attorney will also depose witnesses as well as any other person with information about your injuries or damages that could be vital to your case. In a deposition, the at-fault party's lawyer will ask you a series of questions, and your responses will be recorded on video or transcribing by a court reporter.

The purpose of these pretrial investigation processes is to help your lawyer to build an argument that is persuasive and strong to the at-fault party and their insurer, so that you can secure a full and fair settlement for your injuries, losses and expenses. 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 usually done prior to trial.

4. Trial

Trials are a possibility in situations where you and the insurance company are not in agreement regarding the fault of the other party or the amount you are entitled to for your injuries. A trial is an official proceeding where both parties present arguments and evidence before an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of what transpired 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, and documents such as police reports and bills. You can also testify regarding your memory of the incident, and how it affected your life. Expert witnesses can also testify to support your claims. The lawyer representing the defendant can cross-examine the witnesses and object to admissibility of some evidence.

The jury will decide in the trial if the plaintiff's injury was caused by the defendant's negligent conduct. They will be examining proximate causes an intricate legal concept that lawyers have to spend many hours studying during law school. Proximate causes focuses on the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you're entitled to. It's also a complex matter because it is based on the severity of your injuries as well as the degree to which you've suffered. Your attorney will present evidence that includes expert testimony about the severity of injuries as well as lost income and future earning potential, as well your pain and suffering and impairment.

5. Settlement

Each state establishes a legal deadline, commonly referred to as the statute of limitations that you must meet to settle your claim or make a claim. If your lawyer is not able to negotiate a settlement with the insurer, you could be required to make a court filing. It can be time-consuming and costly, but it is usually necessary to pursue compensation.

During this procedure the Long Island personal injury lawyer will participate in discovery (a formal procedure in which each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents referred to as motions that ask the court for certain things, such as not allowing certain types of evidence in trial. Settlement negotiations can go on throughout this process, and a majority of car accident civil disputes end before a trial can be held.

If they believe that your injury claim is legitimate and you are willing to go to trial insurance companies will make an appropriate settlement offer. The settlement process is also faster and less risky compared to a court trial.

It is essential to fully understand your injuries prior to a settlement. It is also important to have completed all medical treatments. You could be denied additional compensation if you agree to a settlement until your doctor accident law firm has determined that you have reached the maximum medical improvement. You should also not sign the release until you've met with your lawyer and received an understanding of all damages. Your attorney will ensure that you don't get a poor deal on compensation. They will carefully review your medical records and other documentation to make sure that you receive the total amount of damages to which you are eligible.