The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount of money you require for your injuries, our tenacious attorneys will prepare a formal demand letter. The letter will outline all of your economic damages such as medical expenses and lost wages as and non-economic losses such as discomfort and pain.

A judge or jury will then make a ruling. If they rule in your favor they will give you damages and the defendant is required to pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident can aid your lawyer in determining what actually transpired in the accident, including the position of both vehicles after impact, skid marks road debris and other physical evidence. Also, take note of the names and contact information of any witnesses who were present at what occurred. Witnesses that testify to support your version of events is important especially as it can be common for drivers to have contradictory reports of what happened, which causes insurance companies to refuse to accept the claim or even denying responsibility altogether.

Other types of evidence your lawyer might use include medical records. These could include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other documentation that demonstrate the extent of your injuries. You should obtain these documents as soon as you can and be sure to give copies to your healthcare providers.

Another form of evidence that your lawyer could employ is a deposition which is an out-of court testimony delivered under oath, and then transcribed by a court reporter. Your lawyer could utilize this testimony to prove that your injuries were an immediate, obvious connection to the accident. This can be used to justify seeking compensation. The majority of the evidence listed above can be collected at the scene of the accident or soon after however some evidence may not be available until later in the legal process. This is the reason it's essential to contact a reputable car accident lawyer as soon as you can, so they can begin the investigation when the evidence is in its most pure form.

2. How to file a complaint

After the dust has settled, and you've taken care of your injuries, you should seek legal advice from an experienced. A lawyer for car accidents can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint with the court. This document will outline your specific claims and the amount of money you want to recover in damages. The document is usually written by your lawyer and filed with the court, and then served to the defendant.

This also triggers the discovery phase which allows both parties to exchange information and evidence that is related to their defenses and claims. The process can take a considerable time, and both teams will require a thorough review of documents, including police reports and witness statements. They may also have to review medical records, bills, and other documents. Each side may require interrogatories. These are a series of questions the other party must answer under oath, within a specific time frame.

During this stage, you lawyer will also work closely with doctors to gather the full picture of your injuries and the impact that they've caused on your life. Your attorney will calculate your total damages. This will include any future medical expenses including lost wages, pain and suffering and more.

Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. This is more likely following discovery and prior to trial. However, if the insurance company is unable to negotiate a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, your case may go to trial. A jury or judge will decide the case on the basis of all the evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit the attorney representing you and the insurance company exchange information that could support or accident law firms damage your claim. Your attorney will request copies of documents to support your claim. These include police reports as well as medical bills and work loss records from your employer (showing how much time you've missed due to the accident), photos of your vehicle, any injuries or damages, and other financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to inquire about witnesses and other parties who are not present.

These tools for writing discovery are shared between attorneys on both sides. They give the opposing side the chance to respond to questions in writing, which have to be sworn to under oath, and to supply copies of specific documents or other information that could be helpful to your case.

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

The goal of these pretrial investigation processes is to help your lawyer to build an argument that is persuasive and strong to the party at fault and their insurer so that you can secure a full and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case, but most will settle during or following the investigation process, which usually completed before the trial.

4. Trial

The majority of car accident cases settle through negotiations outside of court however, if you and your insurance company aren't in agreement on the cause 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 present arguments and evidence to a factfinder, who makes a decision which settles the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial, your lawyer will provide your version of the events in opening statements to the jury together with any evidence you may have, such as photos or video of the accident scene, witness testimony from witnesses and medical professionals, and documents such as police reports and medical bills. You may also offer your testimony regarding your memory of the incident and how it has changed your life. Expert witnesses can also give evidence to support your claims. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility or validity of certain evidence.

At trial, the jury has to determine if the plaintiff's injuries were the result of the negligence of the defendant. They will look at the proximate causes, which is a complicated legal concept that law students spend hours studying. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you should receive. This is a complicated issue depending on how severe your injuries are and the extent of your losses. Your lawyer will provide evidence which includes expert testimony regarding the severity of injuries as well as lost income and future earnings potential, as also the extent of your suffering and impairment.

5. Settlement

Each state has a specific deadline by which you can settle your claim or bring 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 need to file a car accident attorney lawsuit in court. This could be a lengthy process and expensive, yet it is often required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which each side exchanges information with one another). Your attorney will also file legal documents, known as motions, requesting the court to do things such as excluding certain types evidence from trial. Settlement negotiations can go on throughout the entire process, and a lot of car accident lawyers civil disputes end before a trial has to be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is legitimate and that you are willing to go to trial. Settlement is faster and less risky than the court trial.

Before settling an agreement, it's crucial to fully comprehend the extent of your injuries and completed all medical treatments. You may not receive additional compensation if you accept an offer of settlement until your doctor has determined that you have attained the level of medical improvement that is the highest. Don't sign a release until you have consulted with your lawyer regarding your damages. Your lawyer will ensure that you don't lose out on valuable compensation. They will carefully examine your medical records as well as other documents to make sure that you get the full amount of damages for which you are eligible.