The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if the insurance company refuses to provide you with the amount you need to cover your injuries. This letter will provide a detailed description of your financial damages such as medical expenses and lost wages, as well as non-economic damages such as discomfort and pain.

Then a judge or jury will make a decision. If they decide in your favor, they will award you damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident it is essential to prove negligence to receive compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports, such as police reports, and other official reports.

Your attorney may be able to establish the circumstances of the accident by taking pictures of the scene, which include skid marks and road debris as well as other physical evidence. Also, keep track of the names and phone numbers of any eyewitnesses who witnessed the incident. Witnesses who testify to corroborate your version of the events is essential, especially since it can be common for drivers to have conflicting versions of what transpired, which leads to insurance companies refusing to accept the claim or denying any responsibility at all.

Other forms of evidence your lawyer might use include medical records, which may include bills, receipts, diagnosis reports, lab results, discharge instructions and other evidence that demonstrates the extent of your injuries. You should get these records as quickly as you can and give copies to your healthcare providers.

A deposition is another form of evidence your lawyer can utilize. It is a non-in court testimony given under oath, and then transcribed by a Court Reporter. The lawyer can use the testimony to prove that your injuries have an immediate and predicable connection to the crash, which helps justify requesting the compensation you deserve for your damages. Most of the evidence discussed above is available at the scene of the accident or within a short time but some of it may not be available until much later in the legal process. This is why it's crucial to contact a reputable car accident lawyer as quickly as possible, so that they can begin investigating when the evidence is in its most pure form.

2. Making a complaint

After the dust has settled, and you've taken care of your injuries, seek legal advice from a professional. A car monroe accident lawsuit lawyer can give you the experience to maximize your compensation.

The first step is to file a complaint in the court, describing the specific claims that you have filed and the amount you are seeking in damages. This type of document is typically drafted by an attorney and filed in the court. It is also delivered to the defendant.

The discovery phase starts, allowing both parties to share information regarding their claims and defenses. The process can take a long time and requires both teams to go through a myriad of documents including police reports witnesses' statements, police reports, medical records, bills and more. Each side may require interrogatories. These are a set of questions that the other party must answer under oath by a predetermined deadline.

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

Sometimes, your lawyer may be able to negotiate an agreement with the responsible driver's insurance company. This is more likely following discovery, but before trial. If the insurance company refuses a fair settlement or if your losses are significant and not covered by insurance, then you may need to go to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit where your lawyer and the negligent driver's insurance company exchange information that could aid or hinder your claim. Your attorney will request copies of documents to prove your case. These include police reports as well as medical bills and work loss records from your employer (showing the length of time you've missed because of the University Park Accident Attorney), photos of your vehicle, any injuries or damages and financial information. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to inquire about witnesses and witnesses who are not present.

These written discovery tools are shared between attorneys on both sides. The written discovery tools provide the opposing party a chance to respond to questions in writing that must be answered under oath. They also ask you to provide copies or other information that may be helpful to you.

Your Long Island car accident attorney will also depose witnesses and anyone with information about your injuries or damages which could be essential to your case. During a deposition, the at-fault party's lawyer will ask you various questions, and your answers will be recorded on video or transcribed by a court reporter.

The pretrial investigation process is designed to help your lawyer build a compelling case against the responsible party and their insurer in order to negotiate an equitable settlement for all of your damages as well as losses, expenses and costs. There is no assurance of a settlement in each case but the majority of cases will settle during or following the investigation process, which is usually completed before the trial.

4. Trial

The majority of car accidents settle through out-of-court negotiations, if you and the insurance company aren't in agreement on the cause or the amount of compensation you are entitled to for your injuries, your case may go to trial. A trial is an official process in which both sides argue and present evidence to a factfinder who makes a decision on how to settle the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will provide your version of the events in your opening statements to the jury together with any evidence that you have, like pictures or videos of accident scene, testimony from people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You may also testify about your memory of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The lawyer for the defendant may interrogate witnesses and contest the admissibility of certain evidence.

At trial, jurors must determine if the plaintiff's injuries were caused by the negligence of the defendant. They will be examining proximate causes an intricate legal concept that lawyers spend countless hours studying during law school. Proximate causes considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. It is also a complicated matter because it is based on the severity of your injuries and the degree to which you've suffered. Your lawyer will present your evidence including expert testimony from a witness regarding the severity of your injuries, the loss of income, and future earnings potential and your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state establishes a legal deadline, known as the statute of limitations, by which you must settle your claim or bring a lawsuit. If your lawyer is not able to negotiate a settlement with your insurer, you could be required to make a court filing. It can be expensive and time-consuming. However, it is usually required to obtain compensation.

During the discovery process 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 the other). Your lawyer will also file legal documents known as motions to request the court for certain things, such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue throughout this process, and a majority of 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 your claim for injury is solid and that you are willing to take the case to trial. In addition the settlement process is quicker and less risky than a trial.

It is vital to fully comprehend your injuries prior to an agreement. You must have completed all medical treatments. You may not receive additional compensation if you sign a settlement until your doctor has confirmed that you have achieved the maximum level of improvement in your medical condition. Additionally, you should not sign the release until you've talked to your lawyer and gained full understanding of your losses. Your lawyer will make sure that you don't lose out on a significant amount of compensation. They will review your medical records, and other documentation, to ensure that you receive all damages you are entitled to.