The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount of money you need for your injuries, our determined lawyers will draft an official demand letter. It will detail all the economic losses you have suffered including medical expenses and lost wages, and non-economic damages, like pain and suffering.

Then the judge or jury will decide. If they decide in your favor they will be able to award you damages, and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit that involves a car accident, proving negligence is vital to 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 lawyer might be able to determine what transpired in the accident by taking photographs of the scene, including skid marks and road debris as well as other physical evidence. Note down the names and phone numbers of any eyewitnesses that witnessed the events. It is crucial that witnesses to verify the events that took place, as it can often happen that drivers will give contradictory statements that result in insurance companies denying or refusing liability.

Medical records can also be utilized by your lawyer in order to prove the severity of your injury. These records could include receipts, bills laboratory results, diagnosis reports, discharge guidelines and other documents. You should get these records as soon as you can and be sure to give copies to your healthcare providers.

A deposition is another form of evidence your lawyer may make use of. This is an out-of court statement made under oath. It is then translated by a court reporter. Your lawyer can utilize the testimony to prove that your injuries had a direct and foreseeable connection to the accident which can help justify the compensation you deserve for your damages. Most of the evidence discussed above can be obtained at the site of the crash or shortly after however some evidence may not be available until much later in the legal process. This is why it's vital to speak with a well-credentialed car accident lawyer as quickly as possible so that they can begin investigating while vital evidence is still in its purest form.

2. Filing a Complaint

Once the dust has settled and you've treated your injuries, it's the time to seek expert legal advice. A lawyer for car accidents will be able to provide the expert advice you require to help you obtain 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 the amount of money you are seeking in damages. This form is usually prepared by an attorney, and filed in court. It will also be given to the defendant.

This also triggers 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 be required to examine a large number of documents like police reports and witness statements. They might also need to look at medical documents and bills as well as other documents. Each side can request interrogatories. These are a series of questions which the other side has to answer under oath in an agreed upon timeframe.

In this phase your 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 determine the total damages. This will include past and upcoming medical expenses including lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer could be able to reach an agreement with the at fault driver's insurance company. It is likely to occur after the completion of discovery, but before trial. If the insurance company is unable to negotiate a fair settlement or if you've suffered significant damage that is not covered by the insurance policy, the case may go to trial. 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 snyder accident law firm lawsuit where your lawyer and the negligent driver's insurance company exchange information that could support or damage your claim. Your attorney will seek copies of all documents that support your case. These include police reports medical bills, work loss records from your employer (showing the amount of time you missed due to the accident), photos of your vehicle, any injuries or damages and financial information. Your attorney will also make use of written discovery tools like interrogatories or requests for production as well as requests for admissions to question witnesses and other parties who are not in the case.

These discovery tools written in writing are distributed back and forth between attorneys from both sides. The tools for writing discovery give the opposing party a chance to answer questions in writing, which must be sworn to under oath, encoskr.com and to provide copies of other information that may be helpful to you.

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

The goal of these pre-trial investigation procedures is to allow your lawyer to build an argument that is convincing and persuasive to the responsible party and their insurer, so that you can receive a full and fair settlement for your losses, injuries and expenses. While there is no guarantee that all cases will settle but the majority settle in the course of or following the discovery process, which can be completed before the case reaches trial.

4. Trial

Although the majority of car accident cases settle through negotiations outside of court however, if you and your insurance company aren't in agreement on the cause or how much compensation you are entitled to for your injuries, the case may go to trial. A trial is a formal process where both parties are required to present arguments and evidence before an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will provide your version of the events in opening statements to the jury as well as any other evidence that you have, like images or videos of the accident scene, witness testimony from bystanders and medical professionals, as well as documents like police reports and medical bills. You can also provide testimony regarding your memories of the incident and how it has changed your life. Expert witnesses can also give testimony to support your claims. The lawyer for the defendant can cross-examine witnesses and object to admissibility of some evidence.

The jury will decide in the trial whether the plaintiff's injury was the result of the defendant's negligent behavior. They will consider proximate cause, a complicated legal concept that lawyers have to spend many hours studying in law school. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you will be awarded. It's also a complicated issue because it is contingent on the degree of your injuries and the extent to which you have suffered. Your lawyer will present evidence including expert testimony from a witness regarding the severity of your injuries, your loss of income, and your future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state sets a legal deadline, known as the statute of limitations, in which you must settle your claim or file a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you may be required to file a vehicle accident lawsuit in court. It can be expensive and time-consuming, but it is often required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where both sides exchange information with each other). Your lawyer will also file legal documents, known as motions, asking the court to do things like exclude certain types of evidence from trial. Settlement negotiations can continue during this process. A majority of car accident civil disputes are resolved before trial is required.

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

It is important to understand the extent of your injuries prior to agreeing to a settlement. You must have completed all medical treatment. You could be denied additional compensation if you accept the settlement before your doctor has concluded that you have reached the point of maximum improvement. Also, you should not sign a release until you have met with your lawyer and gained an accurate understanding of your damages. Your lawyer will make sure that you don't lose out on valuable compensation. They will carefully review your medical records and other evidence to make sure that you receive the total amount of damages for which you are eligible.