The First Steps in Car Accident Litigation
If the insurance company is refusing to provide the amount you require for your injuries, our persistent attorneys will prepare a formal demand letter. The letter will list all of your financial losses 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 rule 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 the car, proving negligence is crucial to obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports, such as police reports, and other official reports.
Your attorney may be able to establish what happened during the accident by taking pictures of the scene, including skid marks road debris, skid marks and other physical evidence. Also, take note of the names and phone numbers of any eyewitnesses who saw what occurred. It is essential that witnesses to verify the events that took place, as it can often happen that drivers will give contradictory information that can lead to insurance companies denying or refusing the liability.
Medical records can also be utilized by your lawyer to prove the severity of your injury. These documents could include bills, receipts as well as lab results, diagnosis reports, discharge directions and other documentation. You should obtain these documents as soon as is possible and be sure to send copies to your healthcare professionals.
Depositions are another form of evidence your lawyer could use. It is a non-in court testimony under oath. It is then transcribing by a Court Reporter. Your lawyer may use the testimony to establish that your injuries have had an immediate and clear connection to the crash and can be used to justify compensation for your losses. Most of the evidence mentioned above can be obtained at the site of the crash or shortly after, but some may not be available until later in the legal process. This is the reason it's essential to talk to a reputable lawyer for car accidents as soon as you can, so they can begin the investigation while the crucial evidence is in its most pure form.
2. Filing a Complaint
After the dust has settled, and
lawsuit you've taken care of your injuries, it's best to seek legal advice from an experienced. A lawyer for car accidents can provide you with the knowledge to maximize your compensation.
The first step is filing a complaint with the court. It will describe your specific claims and the amount of money you want to recover in damages. This form is usually prepared by an attorney and filed in the court. It is also served to the defendant.
It also kicks off the discovery phase, which allows both sides to exchange information and evidence related to their claims and defenses. The process can be long and requires both parties to look over a number of documents, including police reports as well as witness statements medical records, invoices and more. Each side can require interrogatories. These are a series of questions that the other party must answer under oath within a specified time frame.
In this phase, your lawyer will also work closely with doctors to get the full picture of your injuries as well as the impact they've caused on your life. Your lawyer will calculate the total damages. This will include any future medical expenses and lost wages, as well as the pain and suffering of others, and many more.
Your lawyer could be able to reach a settlement deal with the insurance company of the driver who is at the fault. This is more likely to happen after discovery and before the trial. If the insurance company refuses an equitable settlement, or if the damage is substantial and not covered by insurance, then you may need to go to trial. A judge or jury will make a decision on the case based on all of the evidence presented.
3. Discovery
Discovery is a crucial phase in any car
accident lawyers lawsuit, where your attorney and the insurance company exchange information that could help or hurt your claim. Your attorney will seek copies of all documents to support your case. These documents include police reports as well as medical bills and work loss documents from your employer (showing the length of time you were absent due to the accident) photographs of your vehicle damaged or injured as well as other financial data. Your attorney can also make use of written discovery tools, such as interrogatories and requests for production to ask questions of witnesses and other parties who are not present.
These tools for writing discovery are used to exchange information between attorneys on both sides. They provide the opposing party a chance to respond to questions in writing, which must be sworn to in oath and to provide copies of certain documents or other data which could be beneficial 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 crucial to your case. In a deposition, the lawyer representing the at-fault party will ask you questions and your responses are recorded on video by an official court reporter or recorded.
The goal of these pretrial investigation processes is to allow your lawyer to present a strong and compelling case to the responsible party and their insurer so that you can secure a full and fair settlement for your injuries, losses and expenses. While there is no assurance that all cases will settle but the majority settle during or after the discovery process, which can be completed before the trial.
4. Trial
Trials are a possibility in situations when you and the insurance provider disagree on the source of your fault or the amount you should receive for your injuries. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder, who renders a verdict that settles the issue. In personal injury cases the factfinder is typically a jury.
Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence including photos or videos of the scene of the
accident lawsuits, testimony from witnesses and medical professionals, as well as documents such police reports and bills. You may also offer your testimony about your memories of the incident and how it has impacted your life. Expert witnesses are also able to testify in support of your claims. The defendant's lawyer can cross-examine witnesses and challenge to the admissibility or validity of certain evidence.
In a trial, jurors must determine if the plaintiff's injuries were caused by the negligence of the defendant. They will examine proximate causes, a complex legal concept that law students have to spend hours studying. Proximate causes examines 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 is also a complicated issue because it is contingent on the severity of your injuries as well as the amount to which you've suffered. Your attorney will provide evidence which includes expert testimony regarding the severity of injuries, lost income and future earnings potential, as also your pain and suffering as well as impairment.
5. Settlement
Each state has a deadline to settle your claim, or even file an action. This is known as the statutes of limitations. If your lawyer can't come to a deal with the insurance company, you may be required to make a court filing. It can be expensive and time-consuming, but it is often necessary to seek compensation.