The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount of money you need for your injuries, our tenacious lawyers will draft an official demand letter. This letter will detail all of your economic damages such as medical expenses and lost wages, as well as non-economic damages like pain and discomfort.

Then a jury or judge will decide. If they rule in your favor, they will give you damages and the defendant must pay them.

1. Gathering Evidence

In a case of a car crash lawsuit the proof of negligence and liability is key to obtaining compensation for your losses and injuries. Gathering evidence is one of the initial steps in the process of litigation, and it involves gathering evidence, documents witnesses' testimony, photographs, and official reports, such as police reports.

Photographs of the scene of the accident attorney can help your attorney establish what actually transpired during the collision, including the location of both cars following the impact, skid marks, road debris and other evidence that is physical. Also, note the names and contact numbers of any eyewitnesses who saw what occurred. Having witnesses testify that corroborate your version of what transpired is vital particularly since it can be common for drivers to have contradictory reports of what happened, which leads to insurance companies refusing to accept the claim or even denying any responsibility at all.

Other forms of evidence your lawyer could utilize include medical records, which can include receipts, bills diagnose reports, lab results, discharge instructions, and other documentation that demonstrate the extent of your injuries. You should obtain these records as quickly as you can and give copies to your healthcare providers.

Another form of evidence that your attorney may use is a deposition, which is out-of-court testimony given under oath, and then transcribed by a court reporter. Your lawyer may use the testimony to prove the fact that your injuries had an immediate and clear connection to the crash which can help justify compensation for your damages. The majority of the evidence listed above can be obtained at the scene of the accident or soon after however some evidence may not be available until much later in the legal process. It's crucial to speak with an attorney for car accidents with the right credentials immediately so they can begin an inquiry as evidence is in its purest form.

2. Making a Complaint

When the dust has cleared and you have tended to your injuries, it's the time to seek professional legal advice. A car Accident Attorneys lawyer can give you the experience to maximize your compensation.

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

The discovery phase begins with both parties able to share information regarding their claims and defenses. The process can take a long time and requires both teams to look over a number of documents, including police reports as well as witness statements medical records, bills and much more. Each side may ask for interrogatories, which are a set of questions the other party must answer under oath within a set timeframe.

In this phase, your lawyer will also work closely with your doctor to get the full picture of your injuries as well as the impact that they've affected your life. Your attorney will then calculate your total damages that will include past and future medical expenses, lost earnings, pain and suffering and much more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver at fault. This is more likely following discovery, but before trial. If the insurance company doesn't agree to a fair settlement or if the damage is significant and not covered by insurance, then you might be required to appear in court. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an important phase in any car accident lawsuits case. This is the time when your attorney and negligent insurer for the driver exchange information that could support or damage your claim. Your attorney will request copies of documents to support your case. This includes police reports medical bills, as well as work loss records from your employer (showing how much time you were absent due to the accident lawyers), photos of your vehicle and any damages or injuries as well as other financial data. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These discovery tools written in writing are sent back and forth between the attorneys of both sides. The written discovery tools provide the other side an opportunity to respond to questions in writing which must be answered under oath. They also ask you to provide copies or other information that could be helpful to you.

Your Long Island car accident attorney will also depose witnesses and anyone with information about your injuries or damages which could be essential to your case. In a deposition, the at-fault party's lawyer will ask you several questions, and your responses will be recorded on video or transcribed by a court reporter.

The goal of these pre-trial investigation procedures is to allow your lawyer to build an argument that is convincing and persuasive to the party at fault and their insurer so that you can get an adequate and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases will settle however, the majority settles at the end of or following the discovery process, which may be completed prior to the time your case goes to trial.

4. Trial

Trials are a possibility in situations when you and the insurance company are not in agreement on fault or the amount of compensation you should be awarded for your injuries. A trial is an official proceeding where both parties present their arguments and evidence to a factfinder who makes an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will present your version of events in your opening statements to the jury together with any evidence that you have, like photos or video of the accident scene, testimony from people who witnessed the accident claims and medical professionals, as well as documents like police reports and medical bills. You can also testify about your memories of the incident and how it impacted your life. Expert witnesses can also testify to back your assertions. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of evidence.

At trial, the jury has to determine if the plaintiff's injuries were caused by the negligence of the defendant. They will look at proximate cause which is a tangled legal concept that lawyers will spend many hours studying during law school. Proximate cause considers the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury must also determine the amount of damages you will be awarded. It's also a complex issue because it depends on the extent of your injuries and the extent to which you've suffered. Your lawyer will present evidence which includes expert testimony regarding the severity of injuries loss of income, future earnings potential, as also the extent of your suffering and impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations, that you must meet to settle your claim or make a claim. If your lawyer is unable to come to a deal with the insurer, you may have to make a court filing. This could be a lengthy process and costly, however it is usually necessary to pursue compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where each side exchanges information with the other). Your lawyer will also submit legal documents, referred to as motions, asking the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can continue throughout the process, and a lot of civil disputes arising from car accidents end before a trial needs to be held.

If they believe that your claim is legitimate and you are willing to go to trial, insurance companies will make an acceptable settlement offer. Additionally settlement is quicker and less risky for Accident Attorneys them than a trial.

It is crucial to understand your injuries prior to an agreement. You should also have completed all medical treatments. You could be denied additional compensation if settling the settlement until your physician has determined that you have attained the level of medical improvement that is the highest. Don't sign a release until you have spoken to your lawyer about your injuries. Your lawyer will ensure you do not miss out on valuable compensation. They will carefully review your medical records and other documentation to ensure that you get the full amount of damages to that you are eligible.