The First Steps in Car Accident Litigation
If the insurance company refuses to provide the amount of money you need for your injuries, our persistent lawyers will draft a formal demand letter. The letter will outline all of your economic losses like medical expenses and lost wages, as also non-economic damages such as pain and discomfort.
A judge or jury will then make a decision. If they come to a decision in your favor, you are awarded damages and the defendant will be required to pay them.
1. Gathering Evidence
In a lawsuit for a car
accident law firm, proving the negligence and liability is key to obtaining compensation for your injuries and losses. The gathering of evidence is one of the first steps in the process of litigation, and it involves gathering documents, photographs, witness testimony, and official reports such as police reports.
Photographs of the scene of the accident can help your attorney establish what actually transpired during the collision, including the location of both cars after collision, skid marks, road debris and other evidence that is physical. Note down the names and phone numbers of any eyewitnesses that witnessed what happened. It is crucial to have witnesses confirm the events took place, since it can often be the case that drivers give contradictory accounts that lead to insurance companies refusing or denial of the liability.
Medical records can also be used by your lawyer to prove the severity of your injury. These records could include bills, receipts, lab results, diagnosis reports, discharge directions and other documentation. You should get these records as soon as you can, and make sure to send copies to your healthcare professionals.
Another type of evidence that your attorney might make use of is a deposition which is an out-of court testimony delivered under oath and transcribed by a court reporter. Your lawyer can use this testimony to establish your injuries had an immediate, obvious connection to the accident. This will help justify the need for compensation. Most of the evidence discussed above can be obtained at the scene of the crash or shortly after however some evidence may not be available until later in the litigation. This is why it's crucial to consult a highly-credentialed lawyer in the event of a car accident as soon as possible so that they can begin the investigation as evidence is in its most pure form.
2. The process of filing a complaint
Once the dust has sunk and you've treated your injuries, it's time to seek out legal counsel from an expert. An attorney who has handled car accidents will provide the knowledge and expertise to ensure that you receive maximum compensation for your claim.
The first step is filing a complaint with the court. This document will outline your specific claims and the amount of money you wish to recover in damages. The complaint is typically written by your attorney and filed with the court and served on the defendant.
The discovery phase begins with both parties able to share information regarding their defenses and claims. The process can be very long and requires both sides to go through a myriad of documents including police reports, witness statements medical records, bills and much more. Each side can request interrogatories, which are a series of questions the other party must answer under oath within a specified date.
During this stage, you lawyer will also collaborate with doctors to gather the full picture of your injuries as well as the impact they've affected your life. Your attorney will calculate your total damages. This will include future and past medical expenses as well as lost wages, pain and suffering and more.
Sometimes, your lawyer may be able to negotiate an agreement with the responsible driver's insurance company. This is likely to occur following the conclusion of discovery and prior to trial. However, if the insurance company is unable to negotiate a fair settlement or if you have incurred 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 on the basis of all the evidence.
3. Discovery
Discovery is the most crucial step in any car
accident Law firms lawsuit, where your attorney and the insurance company exchange information that could support or damage your claim. Your attorney will request copies of documents to support your case. These include police reports medical bills, as well as work loss documents from your employer (showing the amount of time you were absent due to the
accident attorney) photographs of your vehicle, any injuries or damages as well as other financial data. Your attorney may also employ written discovery tools like interrogatories request for production, interrogatories and request for admissions to question witnesses and other parties that are not present in the case.
These discovery tools written in writing are exchanged back and forth between attorneys from both sides. The tools for writing discovery give the opposing side a chance to respond to questions in writing that must be sworn to under oath, and to provide copies or other information which could be useful to you.
Your Long Island car accident lawyer will also depose witnesses to the accident as well as anyone with information on your injuries or damages that could be relevant to your case. During a deposition lawyer representing the party at fault will ask you various questions, and your answers will be recorded on video or translated by a court reporter.
The goal of these pre-trial investigation procedures is to enable your lawyer to construct an argument that is convincing and persuasive to the at-fault party and their insurer in order that you can receive a full and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case however the majority of cases do so during or after the investigation process, which is typically completed before the trial.
4. Trial
Trials are possible in cases when you and the insurance company disagree on fault or the amount you are entitled to for your injuries. A trial is an official process where both parties are required to argue their case and provide evidence before a factfinder who will make a decision on how to settle the dispute. In personal injury cases, the factfinder is typically a jury.
During the trial, your lawyer will explain your story in opening statements to the jury, as well as any other evidence you have, such as pictures or videos of accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents like police reports and medical bills. You can also testify about your memories of the incident and how it affected your life. Expert witnesses can also testify to support your assertions. The lawyer representing the defendant can cross-examine witnesses and object to admissibility of some evidence.
In a trial, jurors must determine if the plaintiff's injuries were caused by the defendant's negligence. They will be examining proximate causes which is a tangled legal concept that lawyers spend many hours studying during law school. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff's injuries.
A jury must also decide how much compensation you're entitled to. This is a thorny issue depending on the severity of your injuries and the severity of your losses. Your lawyer will present evidence, including expert testimony, about the severity of your injuries that resulted in loss of income and earning potential, as well your pain and suffering as well as impairment.
5. Settlement
Each state has a deadline by which you can settle your claim or file an action. This is referred to as the statute of limitations.