The First Steps in Car
accident attorney Litigation
If the insurance company refuses to give you the amount of money you require for your injuries, our tenacious lawyers will draft a formal demand letter. This will include all of the economic losses you have suffered like medical bills and lost wages, as well as non-economic damages, like suffering and pain.
Then a judge or jury will then make a decision. If they decide to your advantage, you will be awarded damages. In addition, the defendant must pay them.
1. Gathering Evidence
In a lawsuit that involves an automobile accident, proving negligence is crucial in obtaining compensation for your injuries. The gathering of evidence is one of the initial steps in the process of litigation, and it requires gathering documents including photographs, witness statements and official reports such as police reports.
Photographs of the scene of the accident may assist your attorney in determining what actually transpired in the collision, including the location of both vehicles after impact, skid marks, road debris, and other physical evidence. Also, take note of the names and phone numbers of any witnesses who were present at what occurred. Witnesses who testify to corroborate your version of events is important particularly since it can be common for drivers to have conflicting reports of what happened, which can lead to insurance companies refusing to accept the claim or even denying responsibility altogether.
Other evidence that your lawyer may use include medical records, which could include receipts, bills, diagnosis reports, lab results, discharge guidelines, and other documentation that demonstrate the severity of your injuries. You should obtain these records as quickly as you can and give copies to your medical professionals.
Another type of evidence that your attorney might make use of is a deposition which is an out-of-court testimonies given under oath and recorded by a court reporter. Your lawyer can utilize the testimony to prove that your injuries have an immediate and obvious connection to the crash, which helps justify requesting compensation for your damages. While the majority of the above kinds of evidence can be taken at the scene of the accident or within a short time after, some of them may not be accessible until later in the litigation process. This is why it's important to contact a reputable lawyer for car accidents as soon as possible, so that they can begin the investigation when the evidence is in its purest form.
2. How to file a complaint
Once the dust has sunk and you've taken care of your injuries, it's time to seek out legal counsel from an expert. A lawyer from a car
accident attorney can give you the experience to maximize your compensation.
The first step is to file a complaint with the court, describing the specific claims that you're bringing and how much money you are seeking in damages. This document is typically drafted by your attorney, and then filed with the court and then served on the defendant.
The discovery phase begins and allows both parties to share information about their claims and defenses. The process can take a long time, and both teams will need to review a lot of documents, including police records and witness statements. They may also have to review medical records as well as bills and other documents. Each side may require interrogatories. These are a set of questions the other party must answer under oath by a predetermined time frame.
In this phase, your lawyer will also collaborate with doctors to get an accurate picture of your injuries and the impact that they've affected your life. Your attorney will calculate your total damages that include future and past medical expenses and lost earnings, as well as 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 after discovery and prior to trial. However, if the insurance company refuses to provide a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, the case could go to trial. A jury or judge will decide the case based on the weight of all the evidence.
3. Discovery
Discovery is the most crucial step in any car accident lawsuit where your lawyer and the negligent driver's insurance company exchange information that may support or damage your claim. Your attorney will request copies of the documents that support your case, including police reports, medical bills as well as work loss records (e.g. an email from your employer which reveals how long you missed work due to the accident), photographs of your vehicle and any damage or injuries, and other relevant financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to ask questions of witnesses and other parties who are not present.
The written discovery tools are circulated back and forth between the attorneys from both sides. Written discovery tools allow the opposing party a chance to respond to questions in writing that must be answered under oath. It also allows you to provide copies of other information that could be useful to you.
Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the collision, as well as anyone with information regarding your injuries or damages that could be important to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your responses will be recorded on video by a court reporter or transcribed.
The pretrial investigation process is designed to assist your lawyer build a compelling case against the responsible party and their insurer to obtain an equitable settlement for all your injuries or losses, as well as expenses. While there is no guarantee that every case will settle however, the majority settles at the end of or following the discovery process, which may be completed before the case reaches trial.
4. Trial
While the vast majority of car accidents are resolved through informal negotiations however, if you and your insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, your case could go to trial. A trial is a formal process in which both parties present arguments and evidence before a factfinder who makes an announcement to settle the dispute. In personal injury cases the factfinder usually a jury.
During the trial your lawyer will be able to give your account of the events in opening statements to the jury together with any evidence you may have, such as pictures or videos of accident scene, witness testimony from people who witnessed the
accident attorneys and medical professionals, and documents like police reports and medical bills. You can also give your testimony regarding your memory of the incident and how it had an impact on your life. Expert witnesses can also offer evidence to back up your assertions. The attorney for the defendant can interrogate witnesses and contest the admissibility of certain evidence.
The jury will decide at trial whether the plaintiff's injuries was caused by the defendant's negligent conduct. They will examine the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff's injuries.
A jury must also determine the amount of damages you are entitled to. This is a complicated issue due to how severe your injuries are and the severity of your losses.