The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount of money you need for your injuries, our determined lawyers will draft an official demand letter. This letter will detail all of your economic losses like medical expenses and lost wages as well as non-economic damages such as pain and discomfort.

Then, a judge or jury will then make a decision. If they decide to your advantage, you will be awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an automobile accident, proving negligence is crucial to receiving compensation for your injuries. Collecting evidence is one the first steps of the litigation process. it involves gathering evidence, documents including photographs, witness statements and official reports such as police reports.

Your attorney might be able to establish what happened during the accident by taking photos of the scene, including skid marks road debris, skid marks and other physical evidence. Also, take note of the names and contact numbers of any eyewitnesses who witnessed the incident. Witnesses who testify to corroborate your version of what happened is crucial, especially since it can be common for drivers to give contradicting accounts of what happened that leads to insurance companies refusing to accept the claim or deny the responsibility completely.

Other forms of evidence your lawyer may use include medical records, which may include bills, receipts diagnose reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. It is important to obtain these documents as soon as is possible, and make sure to provide copies to your medical professionals.

Depositions are another form of evidence your lawyer could utilize. It is a non-in court testimony under oath. It is then translated by a court reporter. Your lawyer could utilize the testimony to prove that your injuries have had an immediate and obvious connection to the crash which can help justify compensation for your damages. While the majority of these types of evidence are collected at the scene of the accident or shortly thereafter, some of it might not be available until later in the litigation process. It is essential to contact a car accident lawyer with the appropriate credentials immediately to begin an investigation while the evidence is in its most pure form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, seek legal advice from an experienced. A car accident attorney will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with court, which details the specific claims you're making and the amount of money you're seeking in damages. The complaint is typically written by your attorney, and then filed with the court, and then served to the defendant.

The discovery phase starts with both parties able to share information about their defenses and claims. The process can take a long time and both teams may require a thorough review of documents including police reports and witness statements. They might also have to review medical records as well as bills and other documents. Each side may ask for interrogatories, which are a series of questions that the other party must answer under oath within a set timeframe.

Throughout this stage the lawyer will collaborate with doctors to ensure that they have a complete understanding of the severity of your injuries and the impact they've had on your daily life. Your attorney will calculate your total damages. This will include any future medical expenses as well as lost wages, pain and suffering and more.

Sometimes, your lawyer may 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 before trial. However, if the insurance company is unable to negotiate a fair settlement or if you have incurred significant damages that are not covered by the insurance policy, your case may move forward to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that could aid or hinder your claim. Your attorney will ask for copies of the documents that support your case, such as medical bills, police reports as well as work loss records (e.g. an email from your employer showing how much time you missed work due to the accident) photographs of your vehicle, any injuries or damage and other financial information. Your attorney will also use 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. They give the opposing party a chance to respond to questions in writing, which have to be answered under oath and to supply 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 anyone who has information about your injuries or damages that could be crucial to your case. During a deposition, your lawyer of the at-fault person will ask you questions and your answers are recorded on video by a court reporter or transcribed.

The purpose of these pretrial investigation processes is to allow your lawyer to build a strong and compelling case to the at-fault party and their insurance company so that you can receive a fair and complete settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case however most will settle during or following the investigation process, which is often concluded prior to the trial.

4. Trial

While the vast majority of car accident cases settle through negotiations outside of court, if you and the insurance company disagree about fault or the amount of compensation you should receive for your injuries, your case could go to trial. A trial is a formal process where both sides submit arguments and evidence to a factfinder, who makes a decision that resolves the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial your lawyer will be able to provide your version of the events in opening statements to the jury as well as any other evidence you have, such as pictures or videos of accident scene, witness testimony from witnesses and medical professionals, as well as documents such as police reports and medical bills. You may also testify about your personal memories of the incident and how it affected your life. Expert witnesses can also provide testimony to support your claims. The attorney representing the defendant may interrogate witnesses and contest the admissibility of specific evidence.

In a trial, the jury must decide whether the plaintiff's injuries were the result of the negligence of the defendant. They will consider the proximate causality, a nebulous legal concept that law students will spend hours studying. Proximate cause considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. This is a more complicated matter because it is contingent on the severity of your injuries and the extent of your losses. Your lawyer will present your evidence that includes expert witness testimony on the severity of your injuries, your lost income, as well as future earnings potential as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state has a specific legal deadline, commonly referred to as the statute of limitations by which you must settle your claim or start a lawsuit. If your lawyer can't reach a settlement with the insurer, you could be required to bring a lawsuit to court. It can be expensive and time-consuming, but this is often necessary to get compensation.

During this procedure you and your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and be present at hearings. Your attorney will also file legal documents, known as motions, which ask the court to take actions like exclude certain types of evidence from trial. Settlement negotiations can continue throughout the process, and a majority of civil disputes arising out of car accidents will end before a trial can be held.

Insurance companies are more likely to make fair settlement offers if they believe your claim for injury is solid and that you'll be willing to take the case to trial. Additionally the settlement process is faster and less risky for them than a trial.

Before you agree to a settlement, it is important that you fully understand the extent of your injuries and that you have completed all medical treatment. You could lose out on additional compensation if you agree to an offer of settlement until your doctor has confirmed that you have achieved the maximum level of improvement in your medical condition. You should also not sign a contract before you have spoken to your lawyer about your injuries. Your lawyer will ensure you do not be denied compensation that is valuable. They will go through your medical records, as well as other documentation, to ensure that you are entitled to all of the damages for which you qualify.