The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter in the event that the insurance company refuses to pay the amount you need for your injuries. The letter will list all of your financial damages like medical expenses and lost wages, as in addition to non-economic damages like discomfort and pain.

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

1. Gathering Evidence

In a lawsuit involving an accident in a car it is essential to prove negligence in obtaining compensation for your injuries. The gathering of evidence is one of the first steps in the litigation process, and it involves gathering documents such as photographs, witness testimony, and official reports such as police reports.

Your lawyer may be able to determine what transpired in the incident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Also, note the names and contact information of any witnesses who were present at what transpired. It is crucial that witnesses corroborate the events that were actually happening, as it may often be the case that drivers provide contradictory stories that lead to insurance companies refusing or denying responsibility.

Medical records can also be utilized by your lawyer to demonstrate the extent of your injury. These documents could include receipts, bills laboratory results, diagnosis reports, discharge instructions, and other records. You should seek these records as soon as possible and be sure to provide copies to your healthcare professionals.

Another type of evidence your attorney might utilize is a deposition, which is a non-court-issued testimony that is given under oath and transcribed by a court reporter. Your lawyer can use the testimony to prove that your injuries have had an immediate and obvious connection to the accident and, therefore, can justify the need for compensation for your injuries. Although the majority of the above types of evidence are obtained at the scene or soon afterward, some of them may not be accessible until later in the litigation process. It is crucial to contact an attorney in the case of a car crash with the appropriate credentials immediately so that they can begin an inquiry while the evidence is still in its purest form.

2. Filing a Complaint

After the dust has cleared and you've taken care of your injuries, seek legal advice from a professional. A lawyer who has handled car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file an application with the court. The complaint will detail your specific claims and the amount you'd like to claim in damages. This document is typically drafted by your attorney, and then filed with the court and then served on the defendant.

This also begins 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 considerable duration and both teams will need to review a lot of documents including police reports and witness statements. They may also have to look at medical records or bills, as well as other documents. Both sides can request interrogatories. They are a set of questions that the other side has to answer under oath in the timeframe specified.

In this phase your lawyer will collaborate with doctors to ensure that they have a complete picture of the seriousness of your injuries and the impact they've affected your daily routine. Your lawyer will calculate the total damages. This will include future and past medical expenses as well as lost wages, pain and suffering and more.

Your lawyer may be able negotiate a settlement with the insurance company of the driver who is at the fault. This is more likely to occur following discovery and prior to trial. However, if the insurance company is unable to settle the claim in a fair manner or if you've suffered significant damages that are not covered by the insurance policy, the case may move forward 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 step in any car picayune accident lawyer case. This is when your attorney and negligent driver's insurer share information that could either support or damage your claim. Your attorney will ask for copies of documents that support your case. This includes police reports medical bills, work loss records from your employer (showing the length of time you've missed due to the accident) photos of your vehicle and any damages or injuries as well as other financial data. Your lawyer will also make use of written discovery tools such as interrogatories or vimeo.com requests for production as well as request for admissions to question witnesses and other parties that are not present in the case.

These written discovery tools are distributed back and forth between attorneys on both sides. They give the opposing party the chance to respond to questions in writing, which need to be sworn to in oath and to supply copies of certain documents and other information that could be helpful to your case.

Your Long Island car accident attorney will also depose witnesses and anyone who has information regarding your injuries or damages that could be vital to your case. During a deposition, your lawyer representing the party at fault will ask you questions and your responses could be recorded on video by the court reporter or translated.

These pretrial investigation procedures are designed to help your lawyer develop a convincing case against the responsible party and their insurance company in order to obtain a fair settlement for all your injuries or losses, as well as expenses. Although there is no assurance that all cases will settle, the majority do in the course of or following the discovery process, which can often be completed before the case is brought to trial.

4. Trial

Although the majority of car accidents settle through out-of-court negotiations, if you and the insurance company do not agree on who is at fault or the amount you are entitled to for your injuries, the case may be heard in a trial. A trial is an official proceeding where both parties are required to present arguments and evidence before the factfinder, who makes a decision to resolve the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene of the accident or testimony from witnesses, medical professionals, documents like police reports and bills. You can also give your testimony regarding your memories of the incident and how it has impacted your life. Expert witnesses can also give evidence to support your claims. The defendant's attorney can cross-examine witnesses and challenge the admissibility of specific evidence.

The jury will decide in the trial if the plaintiff's injury was the result of the defendant's reckless behavior. They will consider proximate cause an intricate legal concept that lawyers will spend many hours studying during law school. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. This is another complicated issue due to how severe your injuries are and the extent of your losses. Your attorney will provide evidence, including expert testimony, regarding the severity of injuries loss of income, future earnings potential, as also your suffering and impairment.

5. Settlement

Every state has a time limit by which you can settle your claim, or even file a lawsuit. This is referred to as the statutes of limitations. If your lawyer is unable to come to a deal with the insurer, you might have to bring a lawsuit to court. This could be a lengthy process and expensive, yet it is usually required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal procedure where both sides exchange information with one another). Your lawyer will also file legal documents called motions asking the court for certain things, such as the exclusion of certain kinds of evidence during trial. Settlement negotiations may continue throughout the process, and most civil disputes arising from car accidents end before a trial needs to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is strong and you'll be willing to take the case to trial. In addition the settlement process is more efficient and less risky for them than a trial.

It is essential to understand your injuries prior to committing to an agreement. You should also have completed all medical treatments. If you settle prior to your doctor determining that you have reached maximum medical improvement (MMI), you could be denied additional compensation. Don't sign the release until you've talked to your lawyer and had a complete understanding of your losses. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will go through your medical records and other documentation to ensure that you are entitled to all of the compensation you're entitled to.