The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if an insurance company refuses to pay you the amount you require for your injuries. This letter will detail all of your financial losses such as medical expenses and lost wages as in addition to non-economic damages like discomfort and pain.

Then a jury or judge will take a call. If they rule in your favor they will award you damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident attorneys, proving negligence and liability is key to obtaining compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports such as police reports, and other official reports.

Your lawyer may be able to establish what transpired in the accident by taking photos of the scene, which include skid marks, road debris and other physical evidence. Take down the names and contact numbers of any witnesses who saw the incident. It is essential that witnesses to verify the events that occurred, as it can often happen that drivers offer contradictory statements that result in insurance companies denying or refusing responsibility.

Medical records can also be utilized by your lawyer to establish the extent of your injury. These documents could include bills, receipts, lab results, diagnosis reports, discharge instructions and other documentation. You should obtain these documents as soon as you can and give copies to your healthcare professionals.

A deposition is another form of evidence your lawyer could utilize. It's an out-of court testimony under oath. It is then translated by a court reporter. Your lawyer can use this testimony to establish your injuries were a direct, foreseeable link to the accident. This can be used to justify seeking compensation. The majority of the evidence mentioned above is available at the scene of the accident or within a short time however, some might not be available until much later in the litigation. This is why it's vital to speak with a well-credentialed lawyer in the event of a car accident as soon as possible so that they can begin an investigation as evidence is in its most pure form.

2. Filing a Complaint

Once the dust has settled and you've taken care of your injuries, it's the time to seek professional legal advice. A lawyer who has handled car accidents can offer you the knowledge to maximize your compensation.

The first step is filing a complaint with the court. It will describe your specific claims and the amount of money you'd like to claim in damages. The complaint is typically written by your attorney and filed with the court and served to the defendant.

This also triggers the discovery phase which allows both sides to exchange information and Accident Attorneys documents related to their claims and defenses. The process can take a long time and requires both parties to examine a variety of documents, including police reports as well as witness statements, medical records, bills and more. Each side may demand interrogatories. They are a series of questions which the other party must answer under oath within a specified date.

In this phase, your lawyer will also work closely with doctors to get the full picture of your injuries and the impact that they've had on your life. Your attorney will calculate the total damages. This will include past and upcoming medical expenses, lost wages, suffering and pain and suffering, and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver who is at the fault. It is likely to be the case following the completion of discovery and before trial. If the insurance company does not agree to an equitable settlement, or if your damages are important and not covered by insurance, then you might be required to go to trial. A jury or judge will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is when your attorney and negligent insurance company of the driver exchange information that could help or damage your claim. Your attorney will request copies of documents to support your case. This includes police reports medical bills, as well as work loss records from your employer (showing how much time you missed due to the accident lawyers) photographs of your vehicle and any damages or injuries, and other financial information. Your attorney will also make use of documents for discovery in writing, such as interrogatories request for production, interrogatories and request for admissions to question witnesses and other parties who are not part of the case.

These documents are shared between attorneys on both sides. They give the opposing side the chance to respond to questions in writing, which must be sworn to under oath, and to provide copies of specific documents or other information that may be relevant to your case.

Your Long Island car accident lawyer will also take depositions of witnesses to the collision as well as anyone with information on your injuries or damages that could be relevant to your case. During a deposition attorney representing the at-fault party will ask you an array of questions and your responses will be recorded on video or translated by a court reporter.

The pretrial investigation process is designed to help your lawyer create a compelling argument against the person at fault and their insurer to obtain a fair settlement for all of your injuries, expenses and losses. There is no assurance of a settlement in each case however the majority of cases will settle during or following the investigation process, which is often concluded prior to the trial.

4. Trial

Trials are possible where you and the insurance company disagree on fault or the amount of compensation you should receive for your injuries. A trial is an official proceeding where both parties are required to argue and present evidence to the factfinder, who makes a decision on how to settle the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence including photos or videos of the scene of the accident or Accident Attorneys testimony from witnesses, medical professionals, or documents like police reports and bills. You may also testify on your memory of the incident and how it affected your life. Expert witnesses can also testify to support your assertions. The attorney representing the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

In a trial, the jury will determine if the plaintiff's injuries were caused by the negligence of the defendant. They will look at 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 another complicated issue, as it depends on how severe your injuries are and the severity of your losses. Your lawyer will present 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 suffering and pain disfigurement, impairment, and.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations by which you must settle your claim or start a lawsuit. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you might have to file a car accident lawsuit in the court. It can be costly and time-consuming, however it is often required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where both sides exchange information with each other). Your lawyer will also file legal documents called motions that ask the court to consider the exclusion of certain kinds of evidence during trial. Settlement negotiations can continue during this process. A majority of car accident civil disputes are settled before a trial is necessary.

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

It is crucial to understand your injuries prior to committing to the settlement. You must also have completed all medical treatment. You could be denied additional compensation if you agree to a settlement until your doctor has confirmed that you have achieved the level of medical improvement that is the highest. Additionally, you should not sign a release until you have had a conversation with your lawyer and had full understanding of your losses. Your lawyer will ensure you do not lose out on the valuable compensation. They will go through your medical records, and other documents to ensure that you receive all the compensation you're entitled to.