The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you need to cover your injuries, our tenacious lawyers will draft an official demand letter. This will include all of your economic damages including medical expenses and lost wages, and non-economic damages, such as pain and suffering.

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

1. Gathering Evidence

In a case of a car crash lawsuit, proving negligence and liability is the most important aspect to obtain compensation for your injuries and losses. Gathering evidence is one of the first steps in the process of litigation, and it involves gathering evidence, documents, photographs, witness testimony, and official reports such as police reports.

Photographs of the scene of the accident could help your attorney establish what actually happened in the collision, including the location of both cars following the impact, skid marks road debris, and other physical evidence. Also, note the names and phone numbers of any eyewitnesses who saw what occurred. Having witnesses testify that corroborate your version of events is important as it could be common for drivers to have conflicting versions of what transpired, which results in insurance companies refusing to accept the claim, or even deny any responsibility at all.

Other forms of evidence your lawyer might use include medical records, which could include bills, receipts diagnostic reports, lab results, discharge instructions and other documents that show the severity of your injuries. It is essential to get these records as quickly as you can, and also provide copies to your medical professionals.

Another form of evidence your attorney may employ is a deposition which is a non-court-issued testimony that is given under oath and recorded by a court reporter. Your lawyer could use this testimony to establish your injuries were an immediate, obvious connection to the accident. This can be used to justify requesting compensation. While the majority of these types of evidence can be gathered at the accident scene or shortly thereafter, some of them may not be available until later in the litigation process. It's important to contact a lawyer for car accidents with the appropriate credentials immediately to begin an inquiry while the evidence is in its most pure form.

2. Making a complaint

Once the dust has sunk and you've taken care of your injuries, it's the time to seek expert legal advice. An attorney who has handled car accidents will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is filing an application with the court. This will outline your specific claims and the amount of money you want to recover in damages. The complaint is typically written by your attorney, and then filed with the court and served to the defendant.

The discovery phase begins and allows both parties to share information about their defenses and claims. The process can take a considerable time, and both teams will need to review a lot of documents, including police reports and witness statements. They might also need to review medical records or bills, as well as other documents. Both sides can request interrogatories. These are a series questions which the other side has to answer under oath within the specified timeframe.

During this stage, you lawyer will also work closely with medical professionals to obtain an accurate picture of your injuries as well as the impact that they've affected your life. Your lawyer will calculate your total damages. This will include past and upcoming medical expenses and lost wages, as well as pain and suffering and more.

Your lawyer could be able to negotiate a settlement with the insurance company of the driver who is at fault. This is more likely after discovery and before the trial. If the insurance company refuses to negotiate a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, your case could be referred to trial. A judge or jury will make a decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that could support or damage your claim. Your attorney will ask for copies of documents to support your claim. These documents include police reports, medical bills and work loss records from your employer (showing the amount of time you missed due to the accident) photographs of your vehicle damaged or injured and other financial details. Your attorney may also employ documents for discovery in writing, such as interrogatories, requests for production and requests for admissions to interview witnesses and other parties that are not part of the case.

These documents are used to exchange information between attorneys on both sides. The tools for writing discovery give the opposing party a chance to respond to questions in writing that must 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 law firms attorney will also depose witnesses as well as anyone who has information about your injuries or damages which 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 answers will be recorded on video, or transcribed by a court reporter.

The goal of these pre-trial investigation procedures is to help your lawyer to construct a strong and compelling case to the at-fault party and their insurance company so that you can secure an adequate and fair settlement for your losses, injuries and expenses. While there is no guarantee that every case will settle, the majority do either during or after the discovery process, which can often be completed prior to the time your case goes to trial.

4. Trial

The majority of car accidents settle through negotiations outside of court however, if you and your insurance company aren't in agreement on the cause or the amount you are entitled to for your injuries, the case may go to trial. A trial is a formal hearing where both sides present arguments and evidence to a factfinder who makes a decision that settles the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will present your version of events in opening statements to the jury, together with any evidence you may have, such as pictures or videos of accident law firms scene, testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You can also offer testimony about your memories of the incident and how it changed your life. Expert witnesses can also provide evidence to back up your claims. The lawyer for the defendant can cross-examine the witnesses and object to the admissibility of evidence.

In a trial, the jury has to decide whether the plaintiff's injuries were caused by the defendant's negligence. They will be looking at the proximate cause, a complicated legal concept that law students spend hours studying. Proximate cause looks at the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury must also determine the amount of damages you should receive. It is also a complicated issue because it depends on the severity of your injuries and the degree to which you've suffered. Your lawyer will present your evidence including expert witness testimony on the severity of your injuries, your loss of income and future earnings potential and accident Law firms your suffering and pain disfigurement, impairment, and.

5. Settlement

Every state has a deadline within which you can resolve your claim or file a lawsuit. This is referred to as the statute of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you may have to file a car accident lawsuit in court. It can be expensive and time-consuming, however it is often necessary 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 each side exchanges information with the other). Your attorney will also submit legal documents, referred to as motions, asking the court to do things such as excluding certain types evidence from trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are settled prior to a trial.

If they believe that your claim is legitimate and you are willing to go to trial Insurance companies will offer a fair settlement offer. Additionally, the settlement process is faster and less risky for them than a trial.

It is vital to fully understand the extent of your injuries prior to agreeing to a settlement. You must also have completed all medical treatment. If you accept a settlement before your doctor has determined you have reached maximum medical improvement (MMI), you could miss out on additional compensation. Also, you should not sign a release until you've spoken with your lawyer about your injuries. Your lawyer will make sure that you don't lose out on a significant amount of compensation. They will carefully review your medical records and other documents to make sure that you receive the full amount of damages to which you are eligible.