The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you need to cover your injuries, our hard-working lawyers will draft a formal demand letter. The letter will list all of your financial damages like medical expenses and lost wages as and non-economic losses such as discomfort and pain.

A judge or jury will then come to a decision. If they come to a decision in your favor you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving negligence and liability is key to obtaining compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports like police reports, and other official reports.

Your attorney might be able to determine what happened in the accident by taking pictures of the scene, including skid marks road debris, skid marks and other physical evidence. Also, keep track of the names and contact information of any witnesses who witnessed what transpired. Witnesses who testify that confirm your version of events is important especially as it can be common for drivers to have contradictory accounts of what happened that can lead to insurance companies refusing to accept the claim or deny responsibility completely.

Medical records can also be utilized by your lawyer in order to prove the extent of your injury. They could include receipts, bills, lab results, diagnosis reports, discharge guidelines and other documents. You should get these records as soon as possible and provide copies to your healthcare providers.

A deposition is a different type of evidence that your attorney could make use of. It's an out-of the court testimony that is under oath and later translated by a court reporter. Your lawyer may use this testimony to establish your injuries have a clear, identifiable connection to the accident. This can be used to justify the need for compensation. The majority of the evidence listed above can be obtained at the site of the crash or shortly after but some of it may not be available until later in the legal process. This is the reason it's essential to speak with a well-credentialed car accident lawyer as quickly as possible so that they can begin investigating while the crucial evidence is in its most pure form.

2. The process of filing a complaint

After the dust has settled and you've taken care of your injuries, you need to seek legal advice from an expert. An attorney who has handled car accidents will be able to provide the expert advice you require to help you get the most compensation for your claim.

The first step is to file a complaint in court, which details the specific claims you're bringing and how much money you're seeking in damages. The document is usually written by your attorney and filed with the court and served on the defendant.

This also triggers the discovery phase that allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can take a long time and both teams will have to look over a variety of documents, including police records and witness statements. They may also have to review medical documents and Vimeo.com bills as well as other documents. Each side can request interrogatories. These are a set of questions that the other side must answer under oath in the timeframe specified.

During this stage, you lawyer will also collaborate with doctors to gather a full picture of your injuries and the impact that they've affected your life. Your lawyer will then calculate your total damages including future and past medical expenses, lost earnings, suffering and pain and much more.

Sometimes, your lawyer may be able to reach an agreement with the at-fault driver's insurance company. It is likely to be the case following the completion of discovery, but before trial. If the insurance company is unable to negotiate a fair settlement or if you've sustained significant damages that are not covered by the insurance policy, the case could be referred to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit the attorney representing you and the insurance company exchange information that may help or hurt your claim. Your attorney will ask for copies of documents to support your case. These documents include police reports, medical bills and work loss records from your employer (showing the amount of time you were absent due to the middleton accident attorney) photos of your vehicle as well as any injuries or damages and other financial details. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to inquire about parties and witnesses who are not present.

These tools for discovery in writing are sent back and forth between the attorneys of both sides. The tools for writing discovery give the opposing side an opportunity to answer questions in writing, which must be answered under oath. They also ask you to provide copies or other information that might be useful to you.

Your Long Island car accident attorney will also depose witnesses and anyone with information about your injuries or damages which could be important to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your answers could be recorded on video by the court reporter or translated.

The pretrial investigation process is designed to assist your lawyer construct a compelling case against the at-fault person and their insurance company in order to negotiate a fair settlement for all your injuries as well as losses, expenses and costs. There is no assurance of a settlement in each case but the majority of cases do so after or during the investigation process, which is 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 disagree about fault or the amount you are entitled to for your injuries, your case could go to trial. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder, who makes a ruling that settles the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it including photos or videos of the accident scene or testimony from witnesses, medical professionals, documents like police reports and bills. You may also offer your testimony regarding your recollection of the incident and how it changed your life. Expert witnesses can also testify to support your claims. The attorney for the defendant can cross-examine witnesses and object to the admissibility of specific evidence.

The jury will decide in the trial whether the plaintiff's harm was caused by the defendant's negligent conduct. They will look at proximate cause which is a complex legal concept that lawyers spend many hours studying during law school. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff's injuries.

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

5. Settlement

Every state has a time limit within which you can settle your claim or bring a lawsuit. This is referred to as the statutes of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you might require filing a car accident lawsuit in court. It can be costly and time-consuming, however it is often necessary to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal procedure where each side exchanges information with one another). Your lawyer will also file legal documents referred to as motions asking the court for specific things such as excluding certain types of evidence at trial. Settlement negotiations can continue throughout this process. A lot of civil disputes are resolved before a trial is necessary.

If they believe your injury claim is solid and you are willing to go to trial Insurance companies will offer an acceptable settlement offer. The settlement process is also faster and less risky than a court trial.

It is vital to understand your injuries prior to an agreement. You must have completed all medical treatments. If you accept a settlement before your doctor has determined you have reached maximum medical improvement (MMI), you could not receive additional compensation. Also, you should not sign a release before you have consulted with your lawyer about your injuries. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will scrutinize your medical records, as well as other documentation, to ensure that you receive all damages that you are entitled to.