The First Steps in Car accident lawyer Litigation
If the insurance company is refusing to pay you the amount of money you require for your injuries, our determined attorneys will prepare an official demand letter. It will detail all your economic damages like medical bills and lost wages, as well as non-economic damages, such as pain and suffering.
Then a jury or judge will decide. If they decide in your favor, you will be awarded damages and the defendant must pay them.
1. Gathering Evidence
In a lawsuit involving a car accident the proof of negligence and liability is crucial to get compensation for your losses and injuries. Collecting evidence is one the first steps of the litigation process. it involves collecting documents, photographs, witness testimony, and official reports like police reports.
Photographs of the scene of the accident could assist your attorney in determining what actually happened in the accident, including the position of both cars after impact, skid marks road debris and other physical evidence. Also, take note of the names and contact details of any witnesses who witnessed what happened. It is important to have witnesses corroborate the events that took place, as it can often be the case that drivers will give contradictory statements that result in insurance companies refusing or denial of the responsibility.
Other forms of evidence your lawyer could utilize include medical records, which may include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other evidence that demonstrates the severity of your injuries. You should seek these records as soon as you can and ensure that you provide copies to your healthcare providers.
Another form of evidence that your attorney could employ is a deposition which is an out-of court testimony delivered under oath and recorded by a court reporter. Your lawyer can use the testimony to prove that your injuries have an immediate and predicable connection to the crash which can help justify the compensation you deserve for your damages. Although the majority of the above kinds of evidence can be taken at the scene of the accident or shortly afterward but some of the evidence might not be accessible until later in the litigation process. This is why it’s vital to contact a reputable lawyer in the event of a car accident as soon as possible, so that they can begin the investigation while the crucial evidence is in its most pure form.
2. The process of filing a complaint
After the dust has cleared and you’ve taken care of your injuries, it’s best to seek legal advice from a professional. A lawyer from a car accident can give you the experience to maximize your compensation.
The first step is to file a complaint with court, which details the specific claims you are making and the amount of money you are seeking in damages. The complaint is typically written by your lawyer and filed with the court and served on the defendant.
The discovery phase begins and allows both parties to exchange information about their claims and defenses. The process can be very long and requires both parties to look over a number of documents, including police reports, witness statements and medical records, as well as bills and more. Each side is able to request interrogatories. They are a set of questions which the other side has to answer under oath within an agreed upon timeframe.
Throughout this stage your lawyer will collaborate with doctors to ensure they have a complete understanding of the severity of your injuries as well as the impact they’ve affected your daily routine. Your lawyer will then calculate your total damages that include future and past medical expenses loss of earnings, pain and suffering, and more.
Your lawyer might be able to reach a settlement agreement with the insurance company of the driver at fault. This is more likely to happen following discovery, but before trial. If the insurance company doesn’t agree to a fair settlement or if your losses are substantial and not covered by insurance, then you could need to go to trial. A jury or judge will make a decision in the case based on all of the evidence presented.
3. Discovery
Discovery is a crucial phase in any car accident case. This is when your attorney and the negligent insurance company of the driver exchange information that could help or derail your claim. Your attorney will request copies of documents that support your case. These include police reports medical bills, as well as work loss documents from your employer (showing the amount of time you’ve missed because of the accident), photos of your vehicle as well as any injuries or damages, and other financial information. Your lawyer will also make use of written discovery tools, such as interrogatories or requests for production as well as request for admissions to question witnesses and other parties who are not part of the case.
These tools for discovery are shared between attorneys on both sides. They give the opposing side an opportunity to reply to questions in writing, that must be sworn to under oath, and to supply copies of certain documents and other information that may be relevant to your case.
Your Long Island car accident attorney will also question witnesses and anyone who has information regarding your injuries or damages that could be vital to your case. During a deposition the lawyer representing the at-fault party will ask you questions, and your answers could be recorded on video by an official court reporter or recorded.
These pre-trial investigation procedures are designed to assist your lawyer create a compelling case against the person who is at fault and their insurance company in order to secure a fair settlement for all your injuries as well as losses, expenses and costs. There is no assurance of a settlement in each case however, most do so after or during the investigation process, which usually completed before the trial.
4. Trial
The majority of car accidents settle through out-of-court negotiations however, if you and your insurance company are not in agreement about who is to blame or the amount you should receive for your injuries, your case may go to trial. A trial is an official proceeding in which both parties argue and present evidence to the factfinder, who makes a decision to resolve the dispute. In personal injury cases the factfinder is typically a jury.
Your lawyer will present to the jury your version of what transpired during the trial. This will include any evidence supporting it, such as photos or videos of the scene of the accident witness testimony, statements from witnesses and medical professionals, as well as documents such police reports and bills. You may also offer your testimony regarding your recollection of the incident and how it impacted your life. Expert witnesses can also offer testimony to support your assertions. The lawyer of the defendant may cross-examine the witnesses and accident lawsuit object to the admissibility or validity of certain evidence.
At trial, the jury will determine if the plaintiff’s injuries were caused by the negligence of the defendant. They will be examining proximate causes which is a complex legal concept that lawyers have to spend many hours studying in law school. Proximate cause looks at the relationship between the actions of the defendant and the plaintiff’s injuries.
A jury must also determine how much damages you’re entitled to. It is also a complicated issue due to the extent of your injuries and the amount to which you’ve suffered. Your attorney will present evidence which includes expert testimony regarding the severity of your injuries that resulted in loss of income and earning potential, as well as your suffering and impairment.
5. Settlement
Each state has a specific deadline within which you can settle your claim or file a lawsuit. This is known as the statutes of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you may require filing a car accident lawsuit (information from Healthndream) in court. This could be a lengthy process and costly, but it is usually necessary to pursue 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 one another). Your lawyer will also file legal documents called motions to request the court for things like excluding certain types of evidence in trial. Settlement negotiations can continue during this process. Many car accident civil disputes are resolved before a trial is necessary.
If they feel that your injury claim is legitimate and you are willing to go to trial the insurance company will offer an appropriate settlement offer. The settlement process is also faster and less risky than a court trial.
It is important to fully comprehend your injuries prior to an agreement. You must have completed all medical treatment. If you accept a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI) then you could not receive additional compensation. Also, you should not sign a contract before you have spoken with your lawyer regarding your damages. Your lawyer will ensure you don’t lose out on the valuable compensation. They will review your medical records, Accident Lawsuit as well as other documentation to ensure that you are entitled to all the damages for which you qualify.