The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount you require for your injuries, our determined lawyers will draft an official demand letter. This will outline all the economic losses you have suffered like medical bills and lost wages, as well as non-economic damages like pain and suffering.

Then the judge or jury will then make a decision. If they decide in your favor you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident the proof of negligence is essential to receiving compensation for accident lawsuit your injuries. The gathering of evidence is one of the first steps of the litigation process, and it involves collecting documents including photographs, witness statements and official reports, such as police reports.

Your attorney may be able to determine what happened in the accident by taking pictures of the scene, which include skid marks, road debris and other physical evidence. Note down the names and contact details of any witnesses who witnessed what transpired. Witnesses who testify that confirm your version of the events is essential, especially since it can be common for drivers to give contradicting stories of what happened. This results in insurance companies refusing to accept the claim or even denying the responsibility completely.

Medical records can also be used by your lawyer to establish the severity of your injury. They could include bills, receipts as well as lab results, diagnosis reports, discharge directions and other records. You should seek these documents as soon as you can and ensure that you give copies to your healthcare providers.

Another type of evidence your attorney may use is a deposition, which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer may make use of this testimony to prove your injuries were a direct, foreseeable link to the accident. This is a good argument to support requesting compensation. While the majority of the above types of evidence can be gathered at the accident scene or shortly thereafter however, some evidence may not be available until later in the litigation process. It is essential to contact an attorney for car accidents with the appropriate credentials as soon as you can so that they can begin an inquiry while the evidence is still in its purest form.

2. The process of filing a complaint

After the dust has cleared and you've taken care of your injuries, you should seek legal advice from an experienced. An attorney for car accidents can provide the necessary expertise to ensure you receive the 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 you'd like to claim in damages. This form is usually prepared by an attorney and then filed in court. It is also served to the defendant.

This also begins the discovery phase which allows both sides to exchange information and documents 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 including police reports and witness statements. They might also need to look at medical records as well as bills and other documents. Each side can request interrogatories. These are a set of questions which the other side must answer under oath in the timeframe specified.

In this phase the lawyer will collaborate with medical professionals to ensure they have a complete picture of the extent of your injuries and the impact they've had on your daily life. Your lawyer will then estimate your total damages including the past and future medical costs loss of earnings, pain and suffering and much more.

Your lawyer may be able come to a settlement agreement with the insurance company of the driver who is at fault. This is more likely following discovery and prior to trial. If the insurance company doesn't agree to a fair settlement or if your damages are significant and are not covered by insurance, you may be required to appear in court. A judge or jury will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. This is the time when your attorney and the negligent insurer of the driver exchange information that could help or undermine your claim. Your attorney will request documents that can support your case, including police reports, medical bills and work loss records (e.g. an email from your employer that outlines how long you missed work due to the accident) photos of your vehicle as well as any injuries or damages as well as other financial information. Your attorney may also use written discovery tools, such as interrogatories and requests for production to ask questions of witnesses and parties who are not present.

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

Your Long Island car accident lawyer will also depose witnesses to the collision, as well as anyone with information on your injuries or damages that could be pertinent to your case. During a deposition, the lawyer representing the person at fault will ask you questions and your responses will either be recorded on video by the court reporter or translated.

The pretrial investigation process is designed to help your lawyer build a compelling case against the person who is at fault and their insurance company in order to negotiate an equitable settlement for all of your damages, expenses and losses. While there is no assurance that all cases will settle, the majority do in the course of or following the discovery process, which can be completed before the case reaches trial.

4. Trial

The majority of car accidents are resolved through informal negotiations, if you and the insurance company disagree about fault or the amount you should receive for your injuries, your case may be heard in a trial. A trial is a formal proceeding in which both parties present arguments and evidence before a factfinder who will make 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 version of what transpired during the trial. This will include any evidence supporting it like photos or videos of the scene of the accident, testimony from witnesses and medical professionals, or documents like police reports and bills. You may also testify on your memory of the incident and how it impacted your life. Expert witnesses will also provide evidence to support your assertions. The attorney for the defendant can interrogate witnesses and contest the admissibility of specific evidence.

The jury will determine at trial whether the plaintiff's injuries was the result of the defendant's negligent behavior. They will be looking at the proximate causes, which is a complicated legal concept that law students spend hours studying. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury is also required to determine how much damages you will be awarded. It is also a complicated issue due to the severity of your injuries and the degree to which you've suffered. Your lawyer will provide evidence, including expert testimony, regarding the severity of injuries loss of income, future earnings potential, as also your pain and accident lawsuit suffering as well as impairment.

5. Settlement

Every state has a legal deadline, referred to as the statute of limitations, by which you must settle your claim or make a claim. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may require filing a car accident lawsuit (similar site) in court. It can be lengthy and expensive, but it is usually required to seek compensation.

During this procedure you and your Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and will attend hearings. Your lawyer will also prepare legal documents, also known as motions, requesting the court to do things like exclude certain types of evidence from trial. Settlement negotiations can go on throughout the process, and a majority of civil disputes in car accidents settle before a trial can be held.

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

Before you agree to an agreement, it's essential to be aware of the severity of your injuries and have completed all medical treatments. You could lose out on additional compensation if you agree to a settlement until your doctor has concluded that you have reached the point of maximum improvement. You should also not sign a release until you have had a conversation with your lawyer and received a complete understanding of your losses. Your lawyer will ensure that you don't lose out on a significant amount of compensation. They will scrutinize your medical records as well as other documentation, to ensure that you receive all damages you are entitled to.