The First Steps in Car accident law firm Litigation

If the insurance company is refusing to give you the amount you need to cover your injuries, our determined attorneys will prepare an official demand letter. The letter will outline all of your financial losses like medical expenses and lost wages, as and non-economic losses like pain and discomfort.

Then a jury or judge will take a call. If they rule in your favor, they will make you a victim and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is the most important aspect to obtain compensation for your injuries and losses. Gathering evidence is one of the first steps of the litigation process, and it involves collecting documents such as photographs, witness testimony as well as official reports like police reports.

Your lawyer may be able to determine what transpired in the accident by taking photographs of the scene, including skid marks or road debris, as well as other physical evidence. Also, keep track of the names and phone numbers of any witnesses who were present at what occurred. It is important to have witnesses confirm the events took place, since it can often be the case that drivers offer contradictory accounts that lead to insurance companies refusing to accept or deny responsibility.

Medical records can also be utilized by your lawyer to establish the severity of your injuries. They could include receipts, bills and lab results, diagnose reports, discharge guidelines and other records. You should get these records as soon as you can and be sure to provide copies to your healthcare providers.

Another type of evidence your attorney could utilize is a deposition, which is out-of-court testimony given under oath and transcribed by a court reporter. Your lawyer can utilize the testimony to prove that your injuries have had an immediate and predicable connection to the accident and can be used to justify compensation for your damages. While the majority of these types of evidence are collected at the scene of the accident or shortly thereafter, some of them may not be accessible until later in the litigation process. This is the reason it's essential to consult a highly-credentialed lawyer for car accidents as soon as possible, so that they can begin investigating as evidence is in its most pure form.

2. Making 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 lawyer for car accidents can provide you with the knowledge to maximize your compensation.

The first step is filing a complaint with the court. This document will outline your specific claims and the amount of money you want to recover in damages. The document is usually written by an attorney, and filed in court. It is also delivered to the defendant.

This also begins the discovery phase which allows both sides to exchange information and evidence related to their defenses and claims. The process can be lengthy and requires both teams to review many documents, including police reports witnesses' statements, police reports medical records, invoices and more. Each side can request interrogatories. These are a series questions that the other side must answer under oath within the specified timeframe.

In this stage, your lawyer will also collaborate with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they've affected your daily routine. Your attorney will calculate the total damages. This will include past and upcoming medical expenses as well as lost wages, pain and suffering and more.

Sometimes, your lawyer may be able to reach a settlement with the at-fault driver's insurance company. This is most likely to take place after the completion of discovery and before trial. However, if the insurance company refuses to offer a fair settlement or if you've sustained significant losses that aren't covered by the insurance policy, your case could go to trial. A judge or jury will make a decision in the case based on the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that could help or hurt your claim. Your attorney will request copies of documents that support your case, including medical bills, police reports, work loss records (e.g. the records from your employer that outlines how long you missed work due to the accident) photographs of your vehicle, any damages or injuries as well as other financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to ask questions of parties and witnesses who are not present.

These tools for writing discovery are exchanged between attorneys on both sides. They provide the opposing party the chance to respond to questions in writing, which have to be sworn to in oath and to provide copies of specific documents or other information that could be useful to your case.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the accident and also anyone who has information about your injuries or damages that could be pertinent to your case. During a deposition, the lawyer for the person who is at fault will ask you an array of questions and your answers will be recorded on video or transcribed by a court reporter.

These pretrial investigation processes 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 of your damages and losses, costs and expenses. Although there is no guarantee that all cases settle, the majority do during or after the discovery process, which can be completed before your trial.

4. Trial

Trials are a possibility in situations when you and the insurance company do not agree on fault or the amount you should be awarded for your injuries. A trial is a formal process where both parties present arguments and evidence before an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene or testimony from witnesses, medical professionals, as well as documents such police reports and bills. You can also testify regarding your memories of the incident and how it affected your life. Expert witnesses will also provide evidence to support your claims. The defendant's attorney can cross-examine witnesses and object to the admissibility of specific evidence.

The jury will decide at trial whether the plaintiff's injuries was caused by the defendant's negligent behavior. They will examine the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate cause examines the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine how much damages you will be awarded. It's also a complicated issue due to the extent of your injuries and the amount to which you've suffered. Your lawyer will provide evidence that includes expert testimony about the severity of your injuries loss of income, future earnings potential, as also your pain and suffering and impairment.

5. Settlement

Each state has a specific legal deadline, referred to as the statute of limitations, that you must meet to 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 need to file a car accident lawsuit in the court. It's costly and time-consuming. However, it is usually required to obtain compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which parties exchange information with the other side) and also attend hearings. Your attorney will also submit legal documents, referred to as motions, which ask the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing throughout the process, and a majority of civil disputes arising from car accidents end before a trial has to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you will be willing to take the case to trial. In addition, settlement is quicker and less risky for them than a trial.

Before settling an agreement, it is essential to be aware of the extent of your injuries and have completed all medical treatment. It is possible to lose additional compensation if you agree to a settlement until your doctor has concluded that you have reached the level of medical improvement that is the highest. Don't sign a settlement agreement before you've spoken with your lawyer about the damages. Your lawyer will ensure 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 for which you are eligible.