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 the amount you're entitled to for your injuries. The letter will list all of your financial damages such as medical costs and lost wages as and non-economic losses such as pain and discomfort.

Then the judge or jury will then make a decision. If they rule to your advantage you will be awarded damages. In addition, the defendant must pay them.

1. Gathering Evidence

In a lawsuit for a car accident the proof of negligence and liability is the most important aspect to obtain compensation for your losses and injuries. Collecting evidence is one the first steps of the process of litigation, and it requires gathering documents such as photographs, witness testimony, and official reports like police reports.

Your lawyer might be able to establish what happened in the accident law firm by taking pictures of the scene, including skid marks or road debris, as well as other physical evidence. Note down the names and contact information of any witnesses who witnessed what transpired. It is crucial that witnesses corroborate the events that occurred, as it can often happen that drivers give contradictory stories that lead to insurance companies refusing or denying the responsibility.

Medical records can also be utilized by your lawyer to establish the severity of your injuries. These records could include bills, receipts, lab results, diagnosis reports, discharge guidelines and other documentation. You should obtain these records as quickly as you can, and also provide copies to your medical professionals.

A deposition is another form of evidence your lawyer may make use of. It is an out-of court statement made under oath and later transcribing by a Court Reporter. The lawyer can make use of the testimony to prove that your injuries have had a direct and foreseeable connection to the crash which can help justify compensation for your damages. Most of the evidence discussed above is available at the scene of the crash or shortly after however, some might not be available until later in the litigation. This is why it's vital to speak with a well-credentialed car accident lawyer as quickly as possible so that they can begin investigating when the evidence is in its purest form.

2. Making a Complaint

Once the dust has sunk and you've taken care of your injuries, it's the time to seek legal advice from a professional. A car accident attorney can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with the court. The complaint will detail your specific claims as well as the amount of money you wish to recover in damages. This form is usually prepared by an attorney, and filed in court. It will also be served on the defendant.

The discovery phase starts with both parties able to share information regarding their claims and defenses. The process can be very long and requires both sides to look over a number of documents, including police reports as well as witness statements, medical records, bills and more. Each side can demand interrogatories. They are a series of questions that each party must answer under oath within a specified time frame.

Throughout this process your lawyer will collaborate with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they've had on your daily life. Your attorney will then calculate your total damages, which will include the past and future medical costs, lost earnings, pain and suffering and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the responsible driver's insurance company. This is more likely following discovery and prior to trial. If the insurance company refuses to offer a fair settlement or if you've sustained significant losses that aren't covered by the insurance policy, your case could go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident where your lawyer and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents to support your case. These documents include police reports, accident attorney medical bills and work loss documents from your employer (showing the length of time you've missed because of the accident) photographs of your vehicle damaged or injured and financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These discovery tools written in writing are exchanged back and forth between the attorneys of both sides. They give the opposing party an opportunity to reply to questions in writing, that must be answered under oath, and to provide copies of specific documents or other information that could be useful to your case.

Your Long Island car accident attorney will also question witnesses and anyone who has information about the damages or injuries you sustained that could be important to your case. During a deposition the lawyer representing the party at fault will ask you questions, and your answers could be recorded on video by an official court reporter or recorded.

The purpose of these pretrial investigation processes is to assist your lawyer to create an effective and convincing argument to the at-fault party and their insurer so that you can secure an adequate and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in every case but the majority of cases do so during or after the investigation process, which is typically done prior to trial.

4. Trial

The majority of car accident cases are settled through informal negotiations, if you and the insurance company are not in agreement about who is to blame or how much compensation you should receive for your injuries, your case may go to trial. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder who makes a ruling 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 your opening statements to the jury along with any supporting evidence that you have, like photos or video of the accident scene, witness testimony from bystanders and medical professionals, and documents like medical bills and police reports. You can also testify regarding your personal memories of the incident and how it impacted your life. Expert witnesses can also testify to back your claims. The attorney representing the defendant may interrogate witnesses and contest the admissibility of specific evidence.

At trial, jurors must decide if the plaintiff's injuries were the result of the defendant's negligence. They will look at proximate cause an intricate legal concept that lawyers spend many hours studying in law school. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. This is a complicated issue depending on the severity of your injuries and the extent of your losses. Your lawyer will provide evidence which includes expert testimony regarding the severity of injuries that resulted in loss of income and earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Each state sets a legal deadline, commonly referred to as the statute of limitations, in which you must settle your claim or file a lawsuit. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, then you might be required to file a vehicle waverly city accident attorney lawsuit in court. This can be time consuming and expensive, but it is often necessary to pursue compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a process formal where each side exchanges information with the other). Your lawyer will also file legal documents, referred to as motions that ask the court for certain things, such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue throughout the process, and most 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 that your injury claim is legitimate and you'll be willing to go to trial. Additionally, accident attorney the settlement process is faster and less risky for them than a trial.

It is important to fully understand your injuries prior to a settlement. You must have completed all medical treatments. If you accept a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) it is possible to be denied additional compensation. You should also not sign a settlement agreement before you have consulted with your lawyer about the damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will carefully review your medical records and other documentation to make sure that you receive the full amount of damages for which you are eligible.