The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter if the insurance company refuses to provide you with the amount you need for your injuries. The letter will list all of your financial losses such as medical expenses and lost wages as in addition to non-economic damages like pain and discomfort.

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

1. Gathering Evidence

In a lawsuit that involves an accident in a car, proving negligence is vital to receive compensation for your injuries. Collecting evidence is one the first steps in the process of litigation, and it involves gathering documents, photographs, witness testimony, and official reports like police reports.

Photographs of the scene of the larchmont accident lawsuit could aid your lawyer in determining what actually happened in the collision, including the positions of both vehicles after impact, skid marks, road debris and other evidence that is physical. Take down the names and phone numbers of any eyewitnesses that witnessed what transpired. Witnesses who testify that confirm your account of events is important particularly since it can be common for drivers to have contradictory versions of what transpired, which results in insurance companies refusing to accept the claim or denying responsibility altogether.

Other evidence that your lawyer could use include medical records, which can include bills, receipts and diagnosis reports, laboratory results, discharge instructions and other documentation that demonstrate the severity of your injuries. You should obtain these records as soon as you can and send copies to your healthcare providers.

A deposition is another form of evidence your lawyer may make use of. It is an out-of the court testimony that is under oath, which is then transcribing by a Court Reporter. The lawyer can utilize this testimony to prove that your injuries had an obvious, predicable connection to the accident. This is a good argument to support the need for compensation. Most of the evidence mentioned 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 litigation. It is essential to contact a car rosemount accident lawsuit lawyer with the right credentials as soon as you can so they can begin an investigation as evidence is in its purest form.

2. Making a Complaint

Once the dust has sunk and you've treated your injuries, it's time to seek out legal counsel from an expert. An attorney who has handled car accidents can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims you are making and the amount you're seeking in damages. The document is usually written by an attorney and then filed in the court. It will also be given to the defendant.

This also initiates the discovery phase which allows both sides to exchange information and evidence related to their defenses and claims. The process can be very long and requires both teams to go through a myriad of documents including police reports witnesses' statements, police reports and medical records, as well as bills and much more. Each side can demand interrogatories. They are a series of questions the other party must answer under oath, within a specific timeframe.

In this phase, your lawyer will also work closely with medical professionals to obtain the full picture of your injuries as well as the impact they've caused on your life. Your attorney will then calculate the total damages you have suffered, which will include future and past medical expenses loss of earnings, pain and suffering, and more.

Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. This is more likely following discovery, but before trial. If the insurance company doesn't agree to an equitable settlement, or if your damages are significant and are not covered by insurance, then you may need to go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident where your lawyer and the negligent driver's insurance company exchange information that may support or damage your claim. Your attorney will seek copies of all documents to prove your case. These documents include police reports as well as medical bills and work loss documents from your employer (showing the amount of time you missed due to the accident), photos of your vehicle, any injuries or damages as well as other financial data. Your attorney will also use written discovery tools like interrogatories and requests for production, as well as requests for admissions in order to question witnesses and parties who are not in the case.

These tools for discovery are exchanged between attorneys on both sides. The tools for writing discovery give the other side an opportunity to answer questions in writing that must be answered under oath. They also ask you to provide copies of other information which could be helpful to you.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident as well as anyone with information on your injuries or damage that could be crucial to your case. During a deposition, your lawyer representing the at-fault party will ask you questions and your answers are recorded on video by an official court reporter or recorded.

These pre-trial investigation procedures are designed to help your lawyer build a compelling case against the at-fault person and their insurer in order to obtain an equitable settlement for all of your injuries and losses, costs and expenses. Although there is no guarantee that all cases settle however, the majority settles at the end of or following the discovery process, which is often be completed before your case goes to trial.

4. Trial

While the vast 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, the case may go to trial. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder who makes a decision which settles the dispute. In personal injury cases the factfinder is usually a jury.

During the trial, your lawyer will give your account of the events in your opening statements to the jury, along with any supporting evidence that you have, like pictures or videos of accident scene, testimony from witnesses and medical professionals, and documents like police reports and medical bills. You may also testify about your memory of the incident and how it impacted your life. Expert witnesses can also give evidence to back up your claims. The defendant's attorney can interrogate witnesses and contest the admissibility of specific evidence.

In a trial, the jury has to determine if the plaintiff's injuries were caused by the defendant's negligence. They will be looking at the proximate causality, a nebulous 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 is also required to decide how much compensation you are entitled to. This is a complicated issue, as it depends on how severe your injuries are and the extent of your losses. Your attorney will provide evidence, including expert testimony, about the severity of your injuries that resulted in loss of income and earnings potential, as also your pain and suffering and impairment.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations that you must meet to settle your claim or start a lawsuit. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, then you might be required to file a vehicle accident lawsuit in court. It can be time-consuming and costly, however it is usually required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where both sides exchange information with each other). Your lawyer will also file legal documents referred to as motions that ask the court for things like excluding certain types of evidence in trial. Settlement negotiations may continue throughout this process, and most civil disputes arising out of car accidents will end before a trial has to be held.

If they feel that your injury claim is solid and you are willing to go to trial Insurance companies will offer a fair settlement offer. In addition, the settlement process is more efficient and less risky than a trial.

Before settling on an agreement, it is crucial to fully comprehend the extent of your injuries. You must also have completed all medical treatments. It is possible to lose additional compensation if you accept an offer of settlement until your doctor has determined that you have reached the maximum level of improvement in your medical condition. Don't sign a release before you have consulted with your lawyer about the damages. Your lawyer will ensure that you do not lose out on the valuable compensation. They will carefully review your medical records and other documentation to make sure that you receive the full amount of damages for which you are eligible.