The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you need for your injuries, our hard-working lawyers will draft a formal demand letter. The letter will outline all of your financial losses such as medical expenses and lost wages as also non-economic damages like pain and discomfort.

A jury or judge will then make a decision. If they rule in your favor they will make you a victim and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving liability and negligence is key to obtaining compensation for your losses and 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.

Photographs of the scene of the accident could help your attorney establish what actually transpired in the accident, including the position of both cars following the collision, skid marks, road debris and other evidence that is physical. Record the names and phone numbers of any witnesses who were present to witness the incident. Having witnesses testify that corroborate your version of what happened is crucial particularly since it can be common for drivers to have contradictory reports of what happened, which can lead to insurance companies refusing to accept the claim or even denying responsibility completely.

Other evidence forms your lawyer could utilize include medical records, which can include receipts, bills, diagnosis reports, lab results, discharge instructions and other documentation that demonstrate the extent of your injuries. You should get these documents as soon as is possible and give copies to your healthcare providers.

A deposition is a different type of evidence that your attorney may use. It is an out-of court statement made under oath, which is then translated by a court reporter. The lawyer can use this evidence to prove your injuries were an obvious, predicable connection to the accident. This helps to justify seeking compensation. While the majority of the above types of evidence are obtained at the scene or shortly afterward, some of it might not be accessible until later in the litigation process. This is why it's important to consult a highly-credentialed car accident lawyer as quickly as possible, so that they can begin an investigation while vital evidence is still in its most pure form.

2. How to file a complaint

Once the dust has settled and you've taken care of your injuries, it's time to seek professional legal advice. An attorney who has handled car accidents will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is filing a complaint with the court. The complaint will detail your specific claims as well as the amount you wish to recover in damages. This form is usually prepared by an attorney and filed in court. It is also served on the defendant.

This also begins the discovery phase that allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can be very long and requires both parties to go through a myriad of documents including police reports, witness statements medical records, invoices and more. Each side may request interrogatories, which are a set of questions that each party must answer under oath by a predetermined deadline.

In this stage your lawyer will work with medical professionals to ensure they have a complete understanding of the severity of your injuries as well as the impact they have had on your daily life. Your attorney will calculate the total damages you have suffered that will include future and past medical expenses and lost earnings, as well as suffering and pain and much more.

Sometimes, your lawyer could be able to reach an agreement with the at fault driver's insurance company. This is more likely to occur following discovery, but before trial. If the insurance company refuses to provide a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, your case could be referred to trial. A jury or judge will decide the case on the basis of all the evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is where your attorney and negligent insurance company of the driver share information that could either support or damage your claim. Your attorney will seek copies of all documents to support your claim. These documents include police reports medical bills, work loss records from your employer (showing the length of time you've missed due to the accident lawsuits), photos of your vehicle and any damages or injuries and financial information. 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.

The written discovery tools are circulated back and forth between attorneys from both sides. The written discovery tools give the other side an opportunity to respond to questions in writing that must be answered under oath and to provide copies of other information that could be useful to you.

Your Long Island car accident attorney will also interview witnesses and anyone who has information about your injuries or damages that could be essential to your case. In a deposition, the lawyer for the person who is at fault will ask you various questions, and your responses will be recorded on video or transcribed by a court reporter.

These pretrial investigation procedures are designed to help your lawyer build a compelling case against the responsible party and their insurer to secure an equitable settlement for all of your damages as well as losses, expenses and costs. While there is no assurance that all cases will settle but the majority settle during or after the discovery process, which may be completed prior to the time your case reaches trial.

4. Trial

Trials are possible when you and the insurance company do not agree on fault or the amount you are entitled to for your injuries. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder, who renders a verdict that resolves the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the accident scene or testimony from witnesses, medical professionals, or documents like police reports and bills. You may also testify on your memory of the incident, and how it impacted your life. Expert witnesses can also testify to support your claims. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will decide at trial if the plaintiff's injury was the result of the defendant's negligence. They will be looking at the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate cause looks at how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you will be awarded. This is a thorny issue, as it depends on how severe your injuries are and the extent of your losses. Your attorney will present your evidence including expert testimony from a witness regarding the severity of your injuries, the loss of income and future earnings potential in addition to your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state establishes a legal deadline, commonly referred to as the statute of limitations, in which you must settle your claim or start a lawsuit. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you might require filing a car accident lawsuit in court. It can be time-consuming and expensive, but it is usually required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a procedure that is formal in which both sides exchange information with each other). Your lawyer will also file legal documents, referred to as motions to ask the court to consider excluding certain types of evidence in trial. Settlement negotiations can continue throughout this process. Many car accident civil disputes are settled prior to a trial.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is legitimate and weiss-edv-consulting.net that you'll be willing to take the case to trial. Additionally the settlement process is more efficient and less risky for them than a trial.

Before settling an agreement, it is essential to be aware of the severity of your injuries and completed all medical treatments. You may not receive additional compensation if you sign a settlement until your doctor has concluded that you have reached the level of medical improvement that is the highest. Also, you should not sign a release until you've talked to your lawyer and had full understanding of your losses. Your lawyer will ensure that you don't miss out on valuable compensation. They will carefully review your medical records and other evidence to make sure that you receive the entire amount of damages to which you are eligible.