The First Steps in Car Accident Litigation
Our firm of tenacious lawyers will draft an official letter of demand if the insurance company refuses to provide you with the amount you're entitled to for your injuries. The letter will outline all of your economic losses such as medical expenses and lost wages as well as non-economic damages like discomfort and pain.
A judge or jury will then make a decision. If they decide in your favor they will make you a victim and the defendant is required to pay them.
1. Gathering Evidence
In a lawsuit for a car accident, proving negligence and liability is the most important aspect to obtain compensation for your losses and injuries. Collecting evidence is one the first steps of the process of litigation, and it involves gathering documents such as photographs, witness testimony and official reports, such as police reports.
Your attorney might be able to establish what transpired in the incident by taking photographs of the scene, including skid marks or road debris, as well as other physical evidence. Take down the names and phone numbers of any witnesses who were present to witness the incident. It is essential that witnesses confirm the events were actually happening, as it may often be the case that drivers will give contradictory accounts that lead to insurance companies refusing or denying the liability.
Other forms of evidence your lawyer might use include medical records, which may include bills, receipts diagnostic reports, lab results, discharge guidelines, and other documents that show the extent of your injuries. It is important to obtain these records as soon as you can and give copies to your healthcare professionals.
Depositions are another form of evidence your lawyer could make use of. It is a non-in court testimony given under oath, which is then recorded by a Court Reporter. Your lawyer could use this testimony to establish your injuries were an immediate, obvious connection to the
accident lawsuits. This will help justify seeking compensation. Although the majority of the above types of evidence are taken at the scene of the accident or shortly thereafter but some of the evidence might not be available until later in the litigation process. This is why it's vital to speak with a well-credentialed car accident lawyer as soon as possible, so that they can begin an investigation as evidence is in its purest form.
2. Making a complaint
Once the dust has sunk and you've treated your injuries, it's time to seek professional legal advice. A lawyer 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 as well as the amount of money you'd like to claim in damages. This document is usually drafted by an attorney, and filed in court. It is also given to the defendant.
This also initiates the discovery phase that allows both sides to exchange information and documents related to their claims and defenses. The process can take a long time and both teams will need to review a lot of documents, including police reports and witness statements. They may also have to look at medical records as well as bills and other documents. Each side may request interrogatories. These are a series questions that the other side must answer under oath within a specified time frame.
In this phase, your lawyer will also collaborate with your doctor to get the full picture of your injuries as well as the impact they've caused on your life. Your lawyer will determine your total damages. This includes future and past medical expenses including lost wages, suffering and 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 after discovery and before the trial. If the insurance company is unwilling to offer an acceptable settlement, or if your damages are substantial and not covered by insurance, then you may need to go to trial. A jury or judge will make a decision in the case based on all the evidence presented.
3. Discovery
Discovery is an essential step in any car accident lawsuit in which your attorney and the insurance company exchange information that could help or hurt your claim. Your attorney will ask for copies of documents that support your case. These documents include police reports, medical bills and work loss documents from your employer (showing the amount of time you were absent due to the accident) photographs of your vehicle damaged or injured and financial information. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.
These tools for writing discovery are shared between attorneys on both sides. The tools for writing discovery give the opposing party a chance to respond to questions in writing that need to be answered under oath and to provide copies of other information which could be useful to you.
Your Long Island car accident attorney will also depose witnesses and anyone who has information regarding the damages or injuries you sustained that could be important to your case. During a deposition the lawyer representing the at-fault party will ask you questions, and your answers will either be recorded on video by a court reporter or transcribed.
The goal of these pre-trial investigation procedures is to enable your lawyer to create an argument that is persuasive and strong against the at-fault party as well as their insurer in order that you can get a full and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case however, the majority of them will settle during or following the investigation process, which is often done prior to trial.
4. Trial
The majority of car accident cases settle through out-of-court negotiations If you and the insurance company are not in agreement about who is to blame or the amount you are entitled to for your injuries, your case could be heard in a trial. A trial is an official process where both parties are required to argue their case and provide evidence before the factfinder, who makes a decision to resolve the dispute. In personal injury cases the factfinder will usually be a jury.
Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the
accident Law firm scene or testimony from witnesses, medical professionals, and documents such as police reports and bills. You can also testify about your memory of the incident and how it impacted your life. Expert witnesses can also provide evidence to support your claims. The lawyer for the defendant may cross-examine witnesses, and argue against the admissibility of specific evidence.
At trial, the jury has to decide whether the plaintiff's injuries were caused by the defendant's negligence. They will consider proximate cause, a complicated legal concept that lawyers spend many hours studying during law school. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff's injuries.
A jury is also required to decide how much compensation you will be awarded. It's a difficult issue due to the extent of your injuries and the extent to which you've suffered. Your attorney will present your evidence that includes expert witness testimony on the severity of your injuries, your lost income, and your future earnings potential as well as your pain and suffering disfigurement, impairment, and.
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