The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal letter of demand if the insurance company refuses to pay you the amount you require for your injuries. The letter will outline all of your financial damages such as medical expenses and lost wages as also non-economic damages like discomfort and pain.

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

1. Gathering Evidence

In a lawsuit involving an accident in a car, proving negligence is vital to obtaining compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports like police reports, Vimeo and other official reports.

Your attorney may be able to establish what happened during the accident by taking pictures of the scene, including skid marks, road debris and other physical evidence. Also, note the names and contact details of any eyewitnesses who saw what happened. It is important to have witnesses confirm the events took place, as it can often be the case that drivers will give contradictory accounts that lead to insurance companies refusing to accept or deny liability.

Medical records can also be used by your lawyer to demonstrate the extent of your injury. These documents may include bills, receipts, lab results, diagnosis reports, discharge guidelines and other forms of documentation. You should seek these records as soon as you can, and make sure to send copies to your healthcare providers.

Another type of evidence that your attorney might employ is a deposition which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. The lawyer can use this testimony to establish your injuries have an obvious, predicable connection to the accident. This is a good argument to support seeking compensation. While most of the above-mentioned types of evidence can be gathered at the accident scene or shortly afterward however, some evidence may not be accessible until later in the litigation process. This is why it's important to speak with a well-credentialed lawyer for car accidents as soon as you can so that they can begin the investigation when the evidence is in its most pure form.

2. Filing a Complaint

When the dust has cleared and you have tended to your injuries, it's time to seek expert legal advice. A lawyer for car accidents can provide you with the expertise to maximize your compensation.

The first step is to file an application with the court. It will describe your specific claims as well as the amount of money you'd like to claim in damages. The document is usually written by an attorney and filed in the court. It will also be delivered to the defendant.

The discovery phase starts with both parties able to exchange information regarding their defenses and claims. The process can take a long time and requires both teams to go through a myriad of documents including police reports witnesses' statements, police reports, medical records, bills and more. Each side may require interrogatories. These are a set of questions which the other party must answer under oath within a set date.

During this stage, you lawyer will also work closely with doctors to get a full picture of your injuries as well as the impact they've caused on your life. Your lawyer will calculate the total damages. This includes future and past medical expenses as well as lost wages, suffering and pain, and much more.

Sometimes, your lawyer might be able to reach an agreement with the at fault driver's insurance company. This is likely to take place after the completion of discovery and before trial. If the insurance company refuses to settle the claim in a fair manner or if you have incurred significant losses that aren't covered by the insurance policy, the case may go to trial. A jury or judge will make a decision in the case based on the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. It is the point at which your attorney and the negligent driver's insurer share information that could either support or derail your claim. Your attorney will ask for copies of documents that support your case, including police reports, medical bills, work loss records (e.g. documents from your employer that outlines how much time you missed work due to the accident) photos of your vehicle, any injuries or damages or other pertinent financial information. Your attorney will also use written discovery tools, such as interrogatories, requests for production and requests for admissions to question witnesses and other parties who aren't present in the case.

These discovery tools written in writing are distributed back and forth between attorneys of both sides. Written discovery tools allow the other side an opportunity to answer questions in writing that need to be answered under oath. It also allows you to provide copies or other information that could be helpful to you.

Your Long Island car accident attorney will also depose witnesses and anyone with information about your injuries or damages that could be important to your case. During 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 pre-trial investigation procedures is to allow your lawyer to create an effective and convincing argument to the party at fault and their insurer, so that you are able to secure an adequate and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases settle, the majority do either during or after the discovery process, which can often be completed before the trial.

4. Trial

The majority of car accident cases 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 be heard in a trial. A trial is a formal process in which both sides present arguments and evidence to a factfinder, who issues a decision which settles the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any supporting evidence like photos or videos of the scene of the accident or testimony from witnesses, medical professionals, and documents such as police reports and bills. You can also provide testimony regarding your memories of the incident and how it changed your life. Expert witnesses can also testify to support your assertions. The lawyer for the defendant can interrogate witnesses and object to the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's harm was the result of the defendant's negligent conduct. They will be looking at the proximate causes, which is a complicated legal concept that law students spend hours studying. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also decide how much compensation you're entitled to. This is another complicated issue due to how severe your injuries are and the extent of your losses. Your lawyer will present evidence that includes expert witness testimony regarding the severity of your injuries, your loss of income and future earnings potential as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state has a specific deadline to settle your claim or bring an action. This is known as the statute of limitations. If your lawyer cannot come to a deal with the insurer, you might have to make a court filing. This could be a lengthy process and expensive, yet it is usually required to seek compensation.

During the discovery process 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 one another). Your lawyer will also file legal documents referred to as motions asking the court to consider excluding certain types of evidence at trial. Settlement negotiations may continue throughout this process. A majority of car accident civil disputes are resolved before a trial is needed.

If they believe your injury claim is legitimate and Vimeo you are willing to go to trial insurance companies will make a fair settlement offer. Settlement is faster and less risky compared to an in-court trial.

Before settling on an agreement, it is crucial to fully comprehend the severity of your injuries and that you have completed all medical treatment. If you agree to a settlement before your doctor determines that you have reached the maximum medical improvement (MMI), you could miss out on additional compensation. You should also not sign a settlement agreement before you have spoken to your lawyer about the damages. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will scrutinize your medical records and other documents to ensure that you are entitled to all damages for which you qualify.