The First Steps in Car Accident Litigation
If the insurance company is refusing to provide the amount you need for your injuries, our determined lawyers will draft an official demand letter. This letter will detail all of your financial damages such as medical expenses and lost wages as also non-economic damages like discomfort and pain.
Then a jury or judge will decide. If they make a decision to your advantage you are awarded damages and the defendant is required to pay them.
1. Gathering Evidence
In a case of a car crash lawsuit, proving liability and negligence is the most important aspect to obtain compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports like police reports and other official reports.
Photographs of the scene of the accident might assist your attorney in determining what actually happened in the collision, including the location of both vehicles after collision, skid marks, road debris and other physical evidence. Also, take note of the names and contact numbers of any eyewitnesses who saw the incident. Witnesses who testify to corroborate your account of what happened is crucial 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 Accident Lawyer even deny the responsibility completely.
Other evidence forms your lawyer might use include medical records. These could include receipts, bills diagnostic reports, lab results, discharge instructions, and other documentation that demonstrate the severity of your injuries. You should get these records as soon as possible and provide copies to your healthcare providers.
A deposition is yet another type of evidence that your attorney can use. This is an out-of court testimony given under oath. It is then transcribing by a Court Reporter. The lawyer can use the testimony to establish the fact that your injuries had an immediate and clear connection to the crash which can help justify compensation for your losses. The majority of the evidence listed above can be collected at the scene of the accident or soon after however, some might not be available until later in the legal process. This is why it’s important to speak with a well-credentialed car accident lawyer as soon as you can so that they can begin an investigation while vital evidence is still in its purest form.
2. How to file a complaint
After the dust has settled and you’ve taken care of your injuries, it’s best to seek legal advice from an experienced. An attorney for car accidents will provide the knowledge and expertise to help you get the most compensation for your claim.
The first step is to file an application with the court. The complaint will detail your specific claims and the amount you wish to recover in damages. This document is typically drafted by your attorney, and then filed with the court and served to the defendant.
This also begins the discovery phase which allows both parties to exchange information and evidence that is related to their defenses and claims. The process can take a long time, and both teams will be required to examine a large number of documents, including police reports and witness statements. They may also have to look at medical records or bills, as well as other documents. Each side may demand interrogatories. They are a series of questions the other party must answer under oath by a predetermined timeframe.
Throughout this stage your lawyer will collaborate with doctors to ensure they have a complete picture of the extent of your injuries and the impact they have had on your daily life. Your attorney will then calculate the total damages you have suffered, which will include the future and past medical expenses as well as lost earnings, suffering and pain, and more.
Your lawyer may be able come to a settlement agreement with the insurance company of the driver who is at the fault. This is more likely to happen following discovery and prior to trial. If the insurance company is unable to negotiate a fair settlement or if you have incurred significant damages that are not covered by the insurance policy, the case may move forward to trial. A judge or jury will make a final decision in the case based on all the evidence presented.
3. Discovery
Discovery is an essential step in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will seek copies of all documents to prove your case. These documents include police reports medical bills, work loss documents from your employer (showing how much time you’ve missed due to the accident) photographs of your vehicle, any injuries or damages and financial information. Your attorney can also make use of written discovery tools, such as interrogatories and requests for production to inquire into witnesses and witnesses who are not present.
These tools for writing discovery are used to exchange information between attorneys on both sides. They provide the opposing party the chance to respond to questions in writing, that must be answered under oath and to supply copies of certain documents or other data that may be relevant to your case.
Your Long Island car accident attorney will also depose witnesses and any other person with information about the damages or injuries you sustained that could be vital to your case. In a deposition, the lawyer representing the party at fault will ask you questions, and your answers could be recorded on video by the court reporter or translated.
The goal of these pretrial investigation processes is to allow your lawyer to create a strong and compelling case to the party at fault and accident lawyer their insurer in order that you can secure an adequate and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case however, the majority of cases will settle during or following the investigation process, which is usually completed prior to the trial.
4. Trial
While the vast majority of car accident cases are settled through informal negotiations, if you and the insurance company are not in agreement about who is to blame or the amount you should receive for your injuries, the case may be heard in a trial. A trial is a formal process in which both sides present arguments and evidence to a factfinder, who makes a ruling that resolves the dispute. In personal injury cases the factfinder is typically a jury.
During the trial your lawyer will explain your story in opening statements to the jury as well as any other evidence you have, such as photos or video of the accident lawyers scene, testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You may also testify on your memories of the incident, and how it affected your life. Expert witnesses can also offer evidence to support your claims. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of specific evidence.
The jury will determine at trial if the plaintiff’s injury was the result of the defendant’s negligent behavior. They will examine proximate cause which is a tangled legal concept that lawyers spend countless hours studying during law school. Proximate causes examines 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 because it is contingent on how severe your injuries are and the severity of your losses. Your attorney will present your evidence which includes expert witness testimony regarding the severity of your injuries, the loss of income, as well as future earnings potential, as well as your suffering and pain disfigurement, impairment, and.
5. Settlement
Each state has a deadline within which you can settle your claim, or even file a lawsuit. This is known as the statutes of limitations. If your lawyer is unable to negotiate a settlement with the insurer, you might have to file a lawsuit in court. It can be expensive and time-consuming, but this is usually required to obtain compensation.
During the discovery process, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where each side exchanges information with the other). Your lawyer will also make legal filings, also known as motions, which ask the court to do things like excluding certain types of evidence from trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are settled prior to a trial.
If they feel that your injury claim is solid and you are willing to go to trial the insurance company will offer an honest settlement offer. In addition, the settlement process is quicker and less risky for them than a trial.
It is essential to fully understand your injuries prior to a settlement. You should also have completed all medical treatment. You could be denied additional compensation if settling a settlement until your doctor has confirmed that you have achieved the level of medical improvement that is the highest. Additionally, you should not sign a release until you’ve talked to your lawyer and had a complete understanding of your losses. Your lawyer will ensure you do not be denied compensation that is valuable. They will look over your medical records as well as other documents, to ensure that you receive all of the compensation you’re entitled to.