"Ask Me Anything," 10 Answers To Your Questions About Accide…

The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter if the insurance company refuses to pay the amount you're entitled to for your injuries. This will list all your financial damages, such as medical bills and lost wages, Accident Attorney and non-economic damages, like pain and suffering.

Then a judge or jury will take a call. If they come to a decision in your favor you will be awarded damages, and the defendant must pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident can assist your attorney in determining what actually transpired during the collision, including the positions of both cars after impact, skid marks road debris, and other physical evidence. Also, keep track of the names and contact numbers of any eyewitnesses who saw the incident. It is crucial to have witnesses confirm the events took place, since it can often be the case that drivers provide contradictory stories that lead to insurance companies refusing or denial of the liability.

Other evidence forms your lawyer may use include medical records. These could include bills, receipts diagnose reports, lab results, discharge instructions and other documentation that demonstrate the extent of your injuries. It is essential to get these records as soon as you can, and also provide copies to your healthcare providers.

Depositions are another form of evidence your lawyer might employ. This is an out-of court statement made under oath. It is then transcribed by a Court Reporter. Your lawyer could make use of the testimony to prove that your injuries have had an immediate and obvious connection to the crash and, therefore, can justify the need for compensation for your damages. While the majority of the above kinds of evidence can be collected at the scene of the accident law firm or within a short time after however, some evidence may not be available until later in the litigation process. This is the reason it's essential to speak with a well-credentialed car accident lawyer as soon as possible, so that they can begin investigating while the crucial evidence is in its purest form.

2. Filing a Complaint

After the dust has settled, and you've taken care of your injuries, seek legal advice from an expert. A car accident attorney will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims you're making and how much money you are seeking in damages. The document is usually 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 considerable time and both teams may be required to examine a large number of documents including police reports and witness statements. They might also have to review medical documents and bills as well as other documents. Each side can demand interrogatories. They are a set of questions which the other party must answer under oath within a specified deadline.

In this phase, your lawyer will also collaborate with medical professionals to obtain the full picture of your injuries and the impact they've had on your life. Your lawyer will calculate the total damages. This will include future and past medical expenses including lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely to happen after discovery and before the trial. If the insurance company doesn't agree to a fair settlement or if the damage is substantial and not covered by insurance, you may have to go to trial. A jury or judge will decide on the case based on all the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that may aid or hinder your claim. Your attorney will ask for copies of the documents supporting your case, such as medical bills, police reports and work loss records (e.g. the records from your employer showing how long you missed work due to the accident), photographs of your car and any injuries or damage as well as other financial information. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to inquire about witnesses and witnesses who are not present.

These discovery tools written in writing are sent back and forth between the attorneys for both sides. They give the opposing party the chance to respond to questions in writing, which have to be sworn to under oath, and to provide copies of specific documents or other information that could be useful to your case.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information about your injuries or damages that could be essential to your case. During a deposition lawyer for the person who is at fault will ask you various questions, and your answers will be recorded on video or transcribed by a court reporter.

The goal of these pre-trial investigation procedures is to assist your lawyer to create an argument that is convincing and persuasive to the party at fault and their insurer so that you can secure an equitable and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases will settle however, the majority of cases settle in the course of or following the discovery process, which may be completed prior to the time your case goes to trial.

4. Trial

Trials are possible where you and the insurance company do not agree on fault or the amount you should receive for your injuries. A trial is an official proceeding where both parties are required to are required to argue their case and provide evidence before the factfinder, who makes an announcement to settle the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the accident scene, testimony from witnesses and medical professionals, documents like police reports and bills. You may also offer your testimony about your memories of the incident and how it has changed your life. Expert witnesses can also offer evidence to back up your assertions. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of specific evidence.

The jury will decide at trial if the plaintiff's injury was caused by the defendant's negligent conduct. They will be looking at the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. This is another complicated issue due to how severe your injuries are and the severity of your losses. Your attorney will provide evidence which includes expert testimony about the severity of injuries as well as lost income and future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Each state has a deadline to settle your claim or bring an action. This is known as the statutes of limitations. If your lawyer can't come to a deal with the insurer, you might have to bring a lawsuit to court. It can be lengthy and expensive, yet it is often necessary to pursue compensation.

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

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is strong and you'll be willing to take the case to trial. Settlement is quicker and less risky than the court trial.

It is essential to be aware of your injuries before you agree to an agreement. You should also have completed all medical treatment. It is possible to lose additional compensation if you agree to the settlement before your doctor has determined that you have reached the point of maximum improvement. You should also not sign the release until you've met with your lawyer and have full understanding of your damages. Your lawyer will ensure that you don't miss out on valuable compensation. They will look over your medical records and other documents to ensure that you are entitled to all of the damages for which you qualify.