The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if an insurance company refuses to pay the amount you require for your injuries. This letter will provide a detailed description of your financial losses such as medical expenses and lost wages, as also non-economic damages such as discomfort and pain.

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

1. Gathering Evidence

In a lawsuit that involves an accident law firms in the car, proving negligence is crucial to obtaining compensation for your injuries. The gathering of evidence is one of the first steps in the process of litigation, and it involves gathering evidence, documents, photographs, witness testimony and official reports like police reports.

Your lawyer might be able to determine what happened during the accident by taking photos of the scene, which include skid marks road debris, skid marks and other physical evidence. Note down the names and phone numbers of any eyewitnesses that witnessed what transpired. It is crucial to have witnesses corroborate the events that took place, as it can often happen that drivers provide contradictory statements that result in insurance companies refusing or denial of liability.

Medical records can also be used by your lawyer to prove the severity of your injury. They could include receipts, bills and lab results, diagnose reports, discharge instructions and other forms of documentation. It is essential to get these records as quickly as you can and send copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney might use. It is a non-in court testimony given under oath, which is then transcribing by a Court Reporter. Your lawyer may make use of this testimony to prove your injuries were an immediate, obvious connection to the accident. This is a good argument to support the need for compensation. The majority of the evidence mentioned above can be collected at the scene of the accident or shortly afterwards however, some might not be available until later in the legal process. It's important to contact a car accident lawyer with the right credentials immediately to start an inquiry when the evidence is in its purest form.

2. Filing a Complaint

Once the dust has sunk and you have tended to your injuries, it's time to seek professional legal advice. An attorney for car accidents will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is to file a complaint with the court. It will describe your specific claims and the amount of money you want to recover in damages. This document is typically drafted by your attorney, and then filed with the court and then served on the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and documents related to their defenses and claims. The process can take a long time and both teams will require a thorough review of documents like police reports and witness statements. They might also need to examine medical records as well as bills and other documents. Each side can request interrogatories. These are a series questions which the other side has to answer under oath within the timeframe specified.

In this phase, your lawyer will also collaborate with doctors to gather the full picture of your injuries and the impact they've caused on your life. Your lawyer will estimate the total damages. This will include future and accident attorneys past medical expenses including lost wages, the pain and suffering of others, and many more.

Your lawyer could be able to negotiate a settlement with the insurance company of the driver who is at fault. This is more likely to occur after discovery and prior to trial. If the insurance company does not agree to a fair settlement or if your damages are important and not covered by insurance, you may have to go to trial. A judge or jury will make a decision in the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit the attorney representing you and the negligent driver's insurance company exchange information that may support or damage your claim. Your attorney will request copies of the documents to prove your case. These include police reports, medical bills and work loss documents from your employer (showing the amount of time you've missed due to the accident) photographs of your vehicle and any damages or injuries and other financial details. Your attorney will also use written discovery tools such as interrogatories and requests for production, as well as requests for admissions to question witnesses and parties who are not part of the case.

These written discovery tools are used to exchange information between attorneys on both sides. The written discovery tools provide the opposing side an opportunity to respond to questions in writing that need to be sworn to under oath, and to provide copies or other information that could be helpful to you.

Your Long Island car accident lawyer will also be able to depose witnesses to the accident as well as anyone with information on your injuries or damages that could be relevant to your case. During a deposition the lawyer representing the party at fault will ask you questions and your answers will be recorded on video by a court reporter or transcribing.

The purpose of these pretrial investigation processes is to help your lawyer to build an effective and convincing argument to the responsible party and their insurer in order that you are able to secure an equitable and fair settlement for your losses, injuries and expenses. While there is no guarantee that every case will settle however, the majority of cases settle in the course of or following the discovery process, which is often be completed prior to the time your trial.

4. Trial

Trials are a possibility in situations where you and the insurance company do not agree on the source of your fault or the amount you should be awarded for your injuries. A trial is a formal procedure where both sides submit arguments and evidence to a factfinder, who renders a verdict that settles the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any evidence supporting it, such as photos or Accident attorneys videos of the Accident Attorneys scene as well as testimony from witnesses and medical professionals, as well as documents such police reports and bills. You can also testify regarding your memory of the incident and how it impacted your life. Expert witnesses can also testify to back your assertions. The defendant's lawyer can interrogate witnesses and object to admissibility of some evidence.

The jury will determine at trial if the plaintiff's injury was caused by the defendant's reckless behavior. They will consider proximate cause, a complicated legal concept that lawyers spend many hours studying in law school. Proximate causes considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. This is a thorny issue depending on the severity of your injuries and the severity of your losses. Your attorney will present your evidence, including expert witness testimony regarding 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

Every state has a deadline within which you can settle your claim or file an action. This is known as the statute of limitations. If your lawyer is unable to reach a settlement with the insurer, you might have to start a lawsuit in the courtroom. It is costly and time-consuming, but it is often necessary to seek compensation.

During this process during this process, your Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents known as motions asking the court for specific things such as excluding certain types of evidence in trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are resolved prior to a trial.

Insurance companies are more likely to offer fair settlement offers if they believe your claim for injury is solid and that you are willing to go to trial. In addition the settlement process is more efficient and less risky than a trial.

Before agreeing to the settlement, it's important to understand the extent of your injuries and completed all medical treatment. If you settle before your doctor determines that you have reached maximum medical improvement (MMI) it is possible to be denied additional compensation. Additionally, you should not sign a release until you have had a conversation with your lawyer and gained a complete understanding of your damages. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will go through your medical records, as well as other documentation, to ensure that you are entitled to all damages you are entitled to.