The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if the insurance company is unable to pay the amount you need for your injuries. It will detail all your financial losses, such as medical bills and lost wages, as well as non-economic damages, like suffering and pain.

A judge or jury will then make a decision. If they make a decision to your advantage you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves a car accident attorneys, proving negligence is crucial in obtaining compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents, witness testimony, official reports like police reports and other official reports.

Photographs of the scene of the accident may help your attorney establish what happened during the collision, including the positions of both vehicles after impact, skid marks, road debris and other evidence that is physical. Record the names and phone numbers of any witnesses who were present to witness what transpired. Witnesses that testify to support your account of the events is essential, especially since it can be common for drivers to give contradicting reports of what happened, which causes insurance companies to refuse to accept the claim or deny the responsibility completely.

Medical records can also be used by your lawyer to demonstrate the extent of your injury. These records could include bills, receipts, lab results, diagnosis reports, discharge guidelines and other forms of documentation. It is important to obtain these records as soon as you can and send copies to your medical professionals.

Another type of evidence that your attorney might make use of is a deposition which is out-of-court testimony given under oath that is then transcribing by a court reporter. Your lawyer can use this evidence to prove your injuries were a direct, foreseeable link to the accident. This can be used to justify the need for compensation. While most of the above-mentioned types of evidence can be collected at the scene of the accident or soon afterward however, some evidence may not be available until later in the litigation process. It's important to contact an attorney for car accidents with the right credentials immediately so that they can begin an inquiry when the evidence is in its purest form.

2. Filing a Complaint

After the dust has settled, and you've taken care of your injuries, you need to seek legal advice from a professional. A lawyer from a car accident can provide you with the expertise to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims you're bringing and how much money you're seeking in damages. The document is usually written by an attorney and filed in the court. It is also served on the defendant.

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

Throughout this stage, your lawyer will also work with doctors to ensure that they have a complete picture of the seriousness of your injuries and the impact they have had on your daily life. Your lawyer will determine your total damages. This will include any future medical expenses as well as lost wages, suffering and pain and suffering, and more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver at the fault. This is more likely following discovery and prior to trial. If the insurance company refuses a fair settlement, or if the damage is important and not covered by insurance, then you could be required to appear in court. A judge or jury will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. It is the point at which your attorney and the negligent insurer for the driver exchange information that could support or hurt your claim. Your attorney will request copies of documents that support your case, such as medical bills, police reports, Accident Law Firm work loss records (e.g. the records from your employer which reveals how long you missed work due to the accident lawsuits) photographs of your vehicle as well as any injuries or damages, and other relevant financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to inquire into parties and witnesses who are not present.

These tools for discovery are used to exchange information between attorneys on both sides. Written discovery tools allow the opposing side a chance to respond to questions in writing which must be answered under oath. It also allows you to provide copies of other information which could be useful to you.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the accident and also anyone who has information about your injuries or damage that could be crucial to your case. During a deposition, the lawyer of the at-fault person will ask you questions and your responses are recorded on video by a court reporter or transcribing.

The pretrial investigation process is designed to assist your lawyer create a compelling case against the person who is at fault and their insurance company in order to get an equitable settlement for all of your injuries and losses, costs and expenses. While there is no assurance that all cases will settle but the majority settle during or after the discovery process, which is often be completed before the case goes to trial.

4. Trial

The majority of car accidents are settled through informal negotiations however, if you and your insurance company are not in agreement about who is to blame or the amount you should receive for your injuries, your case could go to trial. A trial is an official proceeding where both parties are required to argue and present evidence to a factfinder who will make a decision to resolve the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence, such as photos or videos of the scene as well as testimony from witnesses and medical professionals, or documents like police reports and Accident Law firm bills. You can also testify about your memory of the incident and how it impacted your life. Expert witnesses can also give testimony to support your claims. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of certain evidence.

In a trial, the jury will determine if the plaintiff's injuries were the result of the negligence of the defendant. They will look at proximate causes, a complex legal concept that law students have to spend hours studying. Proximate causes considers how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. It is also a complicated matter because it is based on the severity of your injuries as well as the degree to which you've suffered. Your lawyer will present your evidence including expert witness testimony regarding the severity of your injuries, your loss of income, as well as future earnings potential as well as your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Each state has a specific legal deadline, referred to as the statute of limitations in which you must settle your claim or bring a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you could be required to file a vehicle Accident Law Firm lawsuit in court. This can be time consuming and costly, but it is usually necessary to pursue compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where each side exchanges information with one another). Your attorney will also make legal filings, also known as motions, which ask the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout this process, and many civil disputes in car accidents settle before a trial is required to be held.

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

Before settling on an agreement, it is essential to be aware of the severity of your injuries and have completed all medical treatment. If you settle before your doctor has determined that you have reached maximum medical improvement (MMI), you could not be eligible for additional compensation. You should also not sign a settlement agreement before you've spoken with your lawyer about your damages. Your lawyer will make sure that you don't miss out on a substantial amount of compensation. They will look over your medical records and other documents to ensure that you receive all damages that you are entitled to.