The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you need to cover your injuries, our persistent attorneys will prepare an official demand letter. This letter will provide a detailed description of your financial losses such as medical costs and lost wages, as well as non-economic damages like pain and discomfort.

A judge or jury will then take a call. If they rule in your favor, they will make you a victim and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is key to obtaining compensation for your injuries and accident law firms losses. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports, including police reports and other official reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually happened in the collision, including the location of both cars after impact, skid marks, road debris and other physical evidence. Record the names and phone numbers of any witnesses who witnessed the incident. Witnesses that testify to support your version of what transpired is vital particularly since it can be common for drivers to have conflicting accounts of what happened that can lead to insurance companies refusing to accept the claim or denying responsibility altogether.

Other types of evidence your lawyer might use include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge instructions, and other evidence that proves the severity of your injuries. You should get these records as soon as possible and ensure that you give copies to your healthcare professionals.

Another type of evidence that your lawyer could use is a deposition, which is an out-of-court testimonies given under oath and recorded by a court reporter. Your lawyer may use the testimony to establish that your injuries have had an immediate and clear connection to the crash which can help justify compensation for your injuries. Although the majority of the above types of evidence are taken at the scene of the accident or shortly afterward but some of the evidence might not be accessible until later in the litigation process. This is why it's important to contact a reputable lawyer for car accidents as soon as you can, so they can begin investigating while the crucial evidence is in its most pure form.

2. How to file a complaint

After the dust has settled, and you've taken care of your injuries, you need to seek legal advice from an experienced. A car accident lawyer can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with court, which outlines the specific claims you're bringing and the amount you are seeking in damages. The document is usually written by your attorney and filed with the court, and then served to the defendant.

The discovery phase begins, allowing both parties to exchange information regarding their defenses and claims. The process can take a considerable time and both teams may have to look over a variety of documents, including police records and witness statements. They may also have to look at medical documents and bills as well as other documents. Each side can request interrogatories. They are a set of questions which the other side must answer under oath within an agreed upon timeframe.

Throughout this process, your lawyer will also work with doctors to ensure they have a complete understanding of the seriousness of your injuries and the impact they've affected your daily routine. Your lawyer will determine your total damages. This will include any future medical expenses including lost wages, suffering and pain, and much more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver at the fault. This is more likely to happen following discovery, but before trial. If the insurance company is unwilling to offer a fair settlement, or if your losses are substantial and not covered by insurance, then you may be required to go to trial. A judge or jury will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and negligent insurance company of the driver exchange information that can support or hurt your claim. Your attorney will ask for documents that can support your case, including police reports, medical bills and work loss records (e.g. documents from your employer showing how long you missed work because of the accident Law Firms), photographs of your vehicle and any injuries or damage as well as other financial information. Your attorney will also make use of written discovery tools, such as interrogatories, requests for production and requests for admissions to interview witnesses and other parties who are not in the case.

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

Your Long Island car accident lawyer will also take depositions of witnesses to the collision and any person who has information about your injuries or damages that could be relevant to your case. During a deposition attorney representing the at-fault party will ask you several questions, and your responses will be recorded on video or transcribing by a court reporter.

The goal of these pretrial investigation processes is to help your lawyer to create an effective and convincing argument to the at-fault party and their insurer so that you can receive an equitable and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case however, the majority of cases do so during or after the investigation process, which is usually done prior to trial.

4. Trial

Although the majority of car accidents are resolved through informal negotiations If you and the insurance company disagree about fault or the amount you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder, who renders a verdict that settles the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will be able to present your version of events in your opening statements to the jury, as well as any other evidence you have, such as images or videos of the accident lawsuits scene, testimony from bystanders and medical professionals, as well as documents such as police reports and medical bills. You can also testify about your memory of the incident and how it affected your life. Expert witnesses will also provide testimony to support your assertions. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's injury was the result of the defendant's negligent conduct. They will look at the proximate causes, which is a complicated legal concept that law school students spend hours studying. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. This is a thorny issue, as it depends on how severe your injuries are and the extent of your losses. Your lawyer will provide evidence that includes expert testimony regarding the severity of your injuries that resulted in loss of income and earning potential, as well as your suffering and impairment.

5. Settlement

Each state has a specific legal deadline, commonly 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 reach a settlement with the insurer, you could be required to bring a lawsuit to court. It can be expensive and time-consuming, however it is often necessary to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where both sides exchange information with one another). Your attorney will also make legal filings, also known as motions, asking the court to do things like excluding certain types of evidence from trial. Settlement negotiations can go on throughout the process, and most civil disputes arising out of car accidents will end before a trial can be held.

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

Before agreeing to an agreement, it is important to understand the extent of your injuries and completed all medical treatment. If you agree to a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) and you are not able to be denied additional compensation. It is also important not to sign a contract before you have spoken to your lawyer about your injuries. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will go through your medical records and other documents to ensure that you receive all of the compensation you're entitled to.