공지사항

The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you require for your injuries, our tenacious attorneys will prepare an official demand letter. This will include all of your financial losses, such as medical bills and lost wages, as well as other damages that are not economic, like suffering and pain.

Then the judge or jury will take a call. If they decide in your favor, they will make you a victim and the defendant has to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is crucial to get compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports like police reports, and other official reports.

Your attorney might be able to establish the circumstances of the accident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Record the names and contact numbers of any witnesses who were present to witness the incident. Witnesses that testify to support your account of what happened is crucial especially as it can be common for drivers to have contradictory versions of what transpired, which leads to insurance companies refusing to accept the claim, or even deny responsibility altogether.

Other forms of evidence your lawyer might use include medical records, which can include receipts, bills and diagnosis reports, laboratory results, discharge guidelines, and other documentation that demonstrate the severity of your injuries. You should seek these documents as soon as you can, and make sure to give copies to your healthcare professionals.

Depositions are another form of evidence that your attorney can use. It is a non-in court statement made under oath and later recorded by a Court Reporter. Your lawyer can make use of this testimony to prove your injuries have an obvious, predicable connection to the accident. This will help justify the need for compensation. While the majority of these types of evidence can be gathered at the accident scene or soon afterward however, some evidence may not be accessible until later in the litigation process. It is essential to contact an attorney for car accidents with the appropriate credentials as soon as you can so that they can begin an investigation while the evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, it's time to seek expert legal advice. An attorney who has handled car accidents will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is filing an application with the court. It will describe your specific claims and the amount of money you'd like to claim in damages. This form is usually prepared by an attorney and filed in court. It is also delivered to the defendant.

The discovery phase begins by allowing both parties to share information regarding their claims and defenses. The process can take a long time and requires both sides to go through a myriad of documents including police reports and witness statements medical records, bills and much more. Each side can request interrogatories. These are a series questions that the other side must answer under oath within the timeframe specified.

Throughout this stage your lawyer will work with medical professionals to ensure they have a complete picture of the severity of your injuries and the impact they have affected your daily routine. Your attorney will calculate your total damages. This will include any future medical expenses and lost wages, as well as suffering and pain, and much more.

Sometimes, your lawyer may be able to reach an agreement with the responsible driver's insurance company. This is more likely to happen after discovery and before the trial. However, if the insurance company refuses to provide a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, the case may go to trial. A jury or accident Lawsuit judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit the attorney representing you and the negligent driver's insurance company exchange information that may help or hurt your claim. Your attorney will request copies of documents that support your case, such as police reports, medical bills, work loss records (e.g. the records from your employer that outlines the amount of time you were absent from work because of the accident) photos of your vehicle as well as any injuries or damages, and other relevant financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to question witnesses and witnesses who are not present.

These written discovery tools are distributed back and forth between the attorneys on both sides. They give the opposing party an opportunity to reply to questions in writing, that must be sworn to in oath and to provide copies of certain documents or other data that may be relevant to your case.

Your Long Island car accident attorney will also interview witnesses and anyone who has information regarding your injuries or damages which could be vital to your case. In a deposition, the lawyer representing the party at fault will ask you several questions, and your responses will be recorded on video or translated by a court reporter.

These pretrial investigation processes are designed to assist your lawyer develop a convincing case against the responsible party and their insurance company in order to secure an equitable settlement for all your losses, injuries as well as losses, expenses and costs. While there is no guarantee that every case will settle but the majority settle either during or after the discovery process, which can be completed before the trial.

4. Trial

Although the majority of car accident cases are resolved through informal negotiations however, if you and your insurance company disagree about fault or how much compensation you should receive for your injuries, the case may go to trial. A trial is a formal process in which both sides present arguments and evidence to a factfinder, who makes a ruling which settles the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial, your lawyer will explain your story in opening statements to the jury, along with any supporting evidence you have, including photos or video of the accident scene, testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You can also offer testimony regarding your memory of the incident and how it has had an impact on your life. Expert witnesses can also testify to support your claims. The defendant's attorney can cross-examine witnesses and challenge the admissibility of specific evidence.

At trial, the jury will decide whether the plaintiff's injuries were the result of the defendant's negligence. They will consider the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate cause examines the relationship between the defendant's actions and the plaintiff's injuries.

A jury is also required to decide how much compensation you will be awarded. This is a complicated issue due to how severe your injuries are and the extent of your losses. Your lawyer will present evidence including expert testimony from a witness regarding the severity of your injuries, your lost income and future earnings potential and your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state sets a legal deadline, commonly referred to as the statute of limitations that you must meet to settle your claim or file a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you could require filing a car accident lawsuit in the court. It can be time-consuming and costly, however it is usually required to seek compensation.

During this process the Long Island personal injury lawyer will participate in discovery (a formal procedure where parties exchange information with the other side) and will attend hearings. Your attorney will also submit legal documents, referred to as motions, requesting the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout this process, and many car accident civil disputes end before a trial is required to be held.

If they feel that your injury claim is solid and you are willing to go to trial, insurance companies will make an appropriate settlement offer. Settlement is faster and less risky compared to a court trial.

It is essential to fully understand your injuries prior to committing to a settlement. You should also have completed all medical treatment. If you sign a settlement prior to your doctor determining that you have reached the maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. Also, you should not sign a release before you've spoken with your lawyer about the damages. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will scrutinize your medical records, as well as other documentation, to ensure that you receive all damages that you are entitled to.