The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter in the event that the insurance company refuses to provide you with the amount you require for your injuries. The letter will list all of your economic losses such as medical costs and lost wages, as also non-economic damages such as discomfort and pain.

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

1. Gathering Evidence

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

Photographs of the scene of the accident may help your attorney establish what actually happened in the collision, including the location of both cars following the impact, skid marks road debris and other physical evidence. Also, keep track of the names and contact details of any eyewitnesses who saw the incident. It is crucial to have witnesses confirm the events occurred, as it can often happen that drivers will give contradictory accounts that lead to insurance companies refusing or denial of the responsibility.

Other evidence forms your lawyer might use include medical records, which may include receipts, bills diagnostic reports, lab results, discharge instructions and other documents that show the severity of your injuries. You should obtain these documents as soon as is possible, and make sure to provide copies to your medical professionals.

Another type of evidence that your attorney may utilize is a deposition, which is an out-of court testimony delivered under oath and recorded by a court reporter. Your lawyer can use the testimony to prove the fact that your injuries had a direct and foreseeable connection to the crash which can help justify compensation for your losses. Most of the evidence mentioned above is available at the site of the accident or shortly afterwards however some evidence may not be available until later in the legal process. This is why it's crucial to speak with a well-credentialed lawyer for car accidents as soon as you can so that they can begin an investigation as evidence is in its most pure form.

2. Making a Complaint

Once the dust has sunk and you have tended to your injuries, it's time to seek professional legal advice. A car accident attorney can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with court, which details the specific claims that you are making and how much money you're seeking in damages. This document is typically drafted by your lawyer and filed with the court and served on the defendant.

The discovery phase starts by allowing both parties to exchange information about their defenses and claims. The process can be lengthy and requires both sides to review many documents, including police reports as well as witness statements medical records, invoices and much more. Each side may ask for interrogatories, which are a series of questions the other party must answer under oath by a predetermined deadline.

During this stage, you lawyer will also work closely with your doctor to get a full picture of your injuries as well as the impact that they've caused on your life. Your attorney will then calculate the total damages you have suffered including future and past medical expenses and lost earnings, as well as pain and suffering, and more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver who is at the fault. This is likely to be the case following the completion of discovery and prior to trial. However, if the insurance company is unable to provide a fair settlement or if you've sustained significant damage that is not covered by the insurance policy, the case may move forward to trial. A jury or judge will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident attorneys lawsuit, where your attorney and the insurance company exchange information that may support or damage your claim. Your attorney will request copies of documents to prove your case. This includes police reports as well as medical bills and work loss records from your employer (showing how much time you've missed because of the accident) photographs of your vehicle damaged or injured and other financial details. Your attorney will also make use of written discovery tools, such as interrogatories and requests for production, accident attorney as well as requests for admissions to interview witnesses and parties who aren't present in the case.

These written discovery tools are shared between attorneys on both sides. They give the opposing party a chance to respond to questions in writing, which need to be answered under oath and to provide copies of certain documents or other data that could be helpful to your case.

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

The purpose of these pretrial investigation processes is to assist your lawyer to create an effective and convincing argument to the party at fault and their insurer in order that you can receive a fair and complete settlement for your injuries, losses and expenses. Although there is no guarantee that all cases will settle however, the majority of cases settle during or after the discovery process, which is often be completed before your case goes to trial.

4. Trial

Although the majority of car accident lawyers cases are resolved through informal negotiations, if you and the insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, your case could go to trial. A trial is a formal process in which both sides present arguments and evidence to a factfinder who makes a ruling that settles the issue. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any supporting evidence including photos or videos of the scene, testimony from witnesses and medical professionals, or documents like police reports and bills. You can also provide testimony about your memories of the incident and how it had an impact on your life. Expert witnesses can also give evidence to back up your claims. The lawyer for the defendant may cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will decide during trial if the plaintiff's injury was caused by the defendant's reckless behavior. They will examine proximate cause, a complicated legal concept that lawyers have to spend many hours studying during law school. Proximate causes examines the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. It is also a complicated issue because it depends on the degree of your injuries and the extent to which you've suffered. Your attorney will provide evidence which includes expert testimony regarding the severity of your injuries that resulted in loss of income and earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations by which you must settle your claim or make a claim. If your lawyer is unable to negotiate a settlement with your insurer, you might have to make a court filing. It can be costly and time-consuming, but this is often required to seek compensation.

During this process the Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents referred to as motions asking the court for specific things such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can continue throughout this process. Many car accident civil disputes are resolved before trial is required.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is legitimate and that you are willing to go to trial. Settlement is more efficient and less risky than the court trial.

Before agreeing to an agreement, it's important that you fully understand the severity of your injuries and have completed all medical treatments. You could lose out on additional compensation if settling the settlement before your doctor has concluded that you have reached the point of maximum improvement. Also, you should not sign an agreement until you have spoken with your lawyer and gained an accurate understanding of your damages. Your attorney will ensure that you don't miss out on valuable compensation. They will look over your medical records, and other documents to ensure that you are entitled to all of the compensation you're entitled to.