The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if the insurance company refuses to provide you with the amount you need for your injuries. This will include all of the economic losses you have suffered like medical bills and lost wages, and other damages that are not economic, like suffering and pain.

Then the judge or jury will decide. If they decide to your advantage, you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is key to obtaining compensation for your losses and injuries. The gathering of evidence is one of the first steps in the litigation process, and it involves gathering documents including photographs, witness statements and official reports like police reports.

Your lawyer may be able to establish the circumstances of the incident by taking photographs of the scene, Accident Lawsuit which include skid marks or road debris, as well as other physical evidence. Also, note the names and contact information of any witnesses who were present at what happened. It is crucial that witnesses who can confirm the events that took place, since it can often be the case that drivers give contradictory accounts that lead to insurance companies refusing to accept or deny responsibility.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injury. These records could include receipts, bills, lab results, diagnosis reports, discharge instructions and other records. It is essential to get these records as quickly as you can, and also provide copies to your medical professionals.

Depositions are another form of evidence that your attorney could use. It is a non-in court testimony given under oath. It is then translated by a court reporter. Your lawyer can make use of this testimony to prove your injuries were an immediate, obvious connection to the accident. This can be used to justify seeking compensation. The majority of the evidence mentioned above can be collected at the scene of the accident or soon after however some evidence may not be available until much later in the legal process. This is why it’s vital to talk to a reputable lawyer in the event of a car accident as soon as possible so that they can begin the investigation when the evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you’ve taken care of your injuries, you need to seek legal guidance from an expert. An attorney who has handled car accidents can provide the expertise needed to ensure that you receive 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 you’d like to recover in damages. This document is usually drafted by an attorney, and filed in the court. It will also be delivered to the defendant.

This also triggers the discovery phase, which allows both sides to exchange information and evidence that is related to their claims and defenses. The process can take a long time and both teams will be required to examine a large number of documents like police reports and witness statements. They may also have to review medical documents or bills, as well as other documents. Each side can ask for interrogatories, which are a set of questions that each party must answer under oath within a set timeframe.

In this phase the lawyer will collaborate with doctors to ensure that they have a complete picture of the extent of your injuries and the impact they’ve affected your daily routine. Your lawyer will calculate the total damages. This will include past and Accident Lawsuit upcoming medical expenses including lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer might be able to reach an agreement with the at-fault driver’s insurance company. This will most likely take place after the completion of the discovery process and prior to trial. However, if the insurance company is unable to settle the claim in a fair manner or if you have incurred significant losses that aren’t covered by the insurance policy, your case could be referred to trial. A judge or jury will make a final decision in the case based on the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that may support or damage your claim. Your attorney will ask for copies of the documents supporting your case, such as police reports, medical bills and work loss records (e.g., from your employer that outlines how long you missed work because of the accident), photographs of your vehicle, any injuries or damages and other financial information. Your lawyer will also make use of documents for discovery in writing, such as interrogatories and requests for production, as well as requests for admissions in order to question witnesses and parties who are not present in the case.

These tools for discovery are exchanged between attorneys on both sides. The written discovery tools give the other side an opportunity to answer questions in writing, which must be answered under oath. It also allows you to provide copies or other information that could be helpful to you.

Your Long Island car accident attorney will also depose witnesses and any other person with information about your injuries or damages that could be crucial to your case. During a deposition lawyer for the person who is at fault will ask you a series of questions, and your responses will be recorded on video or transcribed by a court reporter.

The goal of these pretrial investigation processes is to help your lawyer to create an argument that is persuasive and strong to the at-fault party and their insurer so that you can secure an adequate and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in every case, but most do so after or during the investigation process, which is usually completed before the trial.

4. Trial

While the vast majority of car accident cases are settled through informal negotiations If you and the insurance company disagree about fault or the amount of compensation you are entitled to for your injuries, your case could be heard in a trial. A trial is an official process where both parties argue and present evidence to a factfinder who will make an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will be able to explain your story in your opening statements to the jury, as well as any other evidence you may have, such as pictures or videos of accident scene, witness testimony from witnesses and medical professionals, as well as documents like medical bills and police reports. You may also testify on your memory of the incident and how it impacted your life. Expert witnesses can also testify to back your assertions. The lawyer for the defendant can cross-examine witnesses and object to the admissibility of certain evidence.

At trial, the jury must determine if the plaintiff’s injuries were caused by the defendant’s negligence. They will consider proximate causes, a complex legal concept that law students spend hours studying. Proximate causes focuses on the degree of connection between a defendant’s actions and the plaintiff’s injuries.

A jury is also required to determine the amount of damages you’re entitled to. It’s a difficult issue due to the severity of your injuries as well as the amount to which you’ve suffered. Your lawyer will present evidence that includes expert testimony about the severity of injuries, lost income and future earnings potential, as also your suffering and impairment.

5. Settlement

Every state has a legal deadline, referred to as the statute of limitations in which you must settle your claim or make a claim. If your lawyer is unable to reach a settlement with the insurer, you might have to file a lawsuit in court. It can be costly and time-consuming. However, it is usually required to obtain compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and be present at hearings. Your lawyer will also file legal documents known as motions that ask the court for certain things, such as the exclusion of certain types of evidence during trial. Settlement negotiations may continue throughout this process, and most car accident civil disputes end before a trial is required to be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is strong and you’ll be willing to take the case to trial. The settlement process is also faster and less risky than the court trial.

Before settling an agreement, it is crucial to fully comprehend the severity of your injuries. You must also have completed all medical treatments. If you sign a settlement before your doctor has determined you have reached the maximum medical improvement (MMI), you could miss out on additional compensation. Additionally, you should not sign a release until you have met with your lawyer and have an understanding of all damages. Your lawyer will ensure that you don’t get a poor deal on compensation. They will carefully review your medical records as well as other documents to make sure that you receive the full amount of damages to which you are eligible.