The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter if the insurance company refuses to provide you with 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 pain and suffering.

Then the judge or jury will make a decision. If they make a decision to your advantage, you will be awarded damages, and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an automobile accident, 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.

Your attorney may be able to determine what happened during the accident by taking photographs of the scene, which include skid marks or road debris, as well as other physical evidence. Note down the names and contact information of any witnesses who witnessed the events. It is essential that witnesses confirm the events took place, since it can often happen that drivers give contradictory statements that result in insurance companies refusing or denying liability.

Medical records can also be used by your lawyer to establish the severity of your injuries. These documents may include bills, receipts, lab results, diagnosis reports, discharge guidelines and other forms of documentation. It is important to obtain these records as soon as possible and be sure to give copies to your healthcare providers.

Another form of evidence your lawyer could employ is a deposition which is an out-of court testimony delivered under oath and transcribed by a court reporter. Your lawyer may make use of the testimony to prove the fact that your injuries had an immediate and clear connection to the accident and, therefore, can justify the need for compensation for your damages. Most of the evidence mentioned above can be collected at the site of the accident or shortly afterwards, but some may not be available until later in the legal process. It's important to contact a lawyer for car accidents with the right credentials as soon as you can to begin an investigation while the evidence is in its most natural form.

2. Making a Complaint

After the dust has settled and you have tended to your injuries, it's the time to seek out legal counsel from an expert. A lawyer for car accidents can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with the court. This document will outline your specific claims and the amount you'd like to claim in damages. The complaint is typically written by your lawyer and filed with the court and served to the defendant.

The discovery phase begins, allowing both parties to exchange information about their claims and defenses. The process can be lengthy and requires both teams to examine a variety of documents, including police reports witnesses' statements, police reports medical records, bills and more. Each side can request interrogatories, which are a set of questions which the other party must answer under oath within a set timeframe.

In this phase the lawyer will work with doctors to ensure that they have a complete picture of the severity of your injuries as well as the impact they have affected your daily routine. Your lawyer will estimate the total damages. This will include any future medical expenses, lost wages, the pain and suffering of others, and many more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver at the fault. This is more likely after discovery and prior to trial. If the insurance company refuses a fair settlement, or if your damages are substantial and not covered by insurance, then you could have to go to trial. A jury or judge will decide on the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. This is where your attorney and negligent insurer for the driver share information that could either support or hurt your claim. Your attorney will ask for documents that can support your case, including medical bills, police reports, work loss records (e.g. the records from your employer that outlines the amount of time you were absent from work due to the accident), photographs of your car and any damages or injuries as well as other financial information. Your lawyer will also make use of written discovery tools such as interrogatories and requests for production, as well as request for admissions to question witnesses and other parties who are not part of the case.

These written discovery tools are circulated back and forth between the attorneys for both sides. They provide the opposing party a chance to respond to questions in writing, which have to be sworn to in oath and to provide copies of certain documents and other information that could be helpful to your case.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the collision as well as anyone who has information about your injuries or damages that could be pertinent to your case. During a deposition, the attorney representing the at-fault party will ask you a series of questions, and your answers will be recorded on video or transcribing by a court reporter.

The goal of these pre-trial investigation procedures is to assist your lawyer to build an effective and convincing argument against the at-fault party as well as their insurer, so that you are able to secure a full and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases settle however, the majority settles at the end of or following the discovery process, which can often be completed before your case reaches trial.

4. Trial

The majority of car Accident Law Firms cases settle through negotiations outside of court, if you and the insurance company disagree about fault or the amount of compensation you are entitled to for your injuries, your case may be heard in a trial. A trial is an official process where both parties argue and present evidence to the factfinder, who makes a decision on how to settle the dispute. In personal injury cases the factfinder is typically 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 videos of the scene of the accident as well as testimony from witnesses and medical professionals, as well as documents such police reports and bills. You may also offer your testimony regarding your memory of the incident and how it affected your life. Expert witnesses can also testify to support your claims. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's harm was the result of the defendant's reckless behavior. They will consider proximate causes, a complex legal concept that law students have to spend hours studying. Proximate causes focuses on the degree of connection 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 another complicated issue, as it depends on how severe your injuries are and the extent of your losses. Your lawyer will present your evidence, including expert witness testimony on the severity of your injuries, your lost income, and your future earnings potential in addition to your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a time limit within which you can settle your claim, or even file an action. This is known as the statutes of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you may have to file a car accident law firm lawsuit in court. This could be a lengthy process and expensive, yet it is often required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal process where each side exchanges information with each other). Your lawyer will also file legal documents called motions to ask the court for specific things such as not allowing certain types of evidence at trial. Settlement negotiations may continue throughout the process, and most civil disputes in car accidents settle before a trial needs to be held.

If they believe that your claim is valid and you are willing to go to trial Insurance companies will offer a fair settlement offer. Settlement is more efficient and less risky than a court trial.

It is vital to fully understand your injuries prior to the settlement. You must also have completed all medical treatments. It is possible to lose additional compensation if you agree to an offer of settlement until your doctor has confirmed that you have achieved the maximum level of improvement in your medical condition. Don't sign a release before you've spoken with your lawyer about the damages. Your lawyer will ensure that you don't miss out on valuable compensation. They will carefully review your medical records and other documents to make sure that you receive the total amount of damages for which you are entitled.