공지사항

The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if an insurance company is unable to pay the amount you require for your injuries. This letter will provide a detailed description of your financial losses such as medical expenses and lost wages as also non-economic damages such as pain and discomfort.

A jury or judge will then take a call. If they rule to your advantage you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving negligence and liability is crucial to get compensation for your injuries and losses. Collecting evidence is one the initial steps in the litigation process, and it involves gathering evidence, documents, photographs, witness testimony as well as official reports like police reports.

Photographs of the scene of the accident could aid your lawyer in determining what happened during the collision, including the positions of both cars after impact, skid marks, road debris, and other physical evidence. Note down the names and phone numbers of any witnesses who were present to witness what transpired. It is essential that witnesses confirm the events occurred, as it can often happen that drivers will give contradictory information that can lead to insurance companies refusing or denying the liability.

Other forms of evidence your lawyer might use include medical records, which can include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other evidence that demonstrates the extent of your injuries. It is essential to get these records as quickly as you can and give copies to your healthcare providers.

A deposition is another form of evidence that your attorney may make use of. It's an out-of court testimony under oath, and then translated by a court reporter. Your lawyer can use this testimony to establish your injuries had a direct, foreseeable link to the accident. This is a good argument to support seeking compensation. While the majority of the above types of evidence can be collected at the scene of the accident or shortly thereafter, some of it might not be accessible until later in the litigation process. It's important to contact a car accident lawyer with the appropriate credentials as soon as you can to start 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, you should seek legal advice from a professional. A lawyer from a car accident can offer you the knowledge to maximize your compensation.

The first step is filing a complaint with the court. This document will outline your specific claims and the amount you wish to recover in damages. This document is typically drafted by your attorney, and then filed with the court, and then served to the defendant.

The discovery phase starts with both parties able to share information regarding their defenses and claims. The process can take a considerable duration and both teams will require a thorough review of documents, including police reports and witness statements. They might also need to examine medical documents and bills as well as other documents. Each side is able to request interrogatories. These are a set of questions which the other side has to answer under oath in the timeframe specified.

Throughout this stage, your lawyer will also collaborate with doctors to ensure that they have a complete understanding of the seriousness of your injuries and the impact they've had on your daily life. Your lawyer will then calculate the total damages you have suffered, which will include the past and future medical costs as well as lost earnings, suffering and pain and much more.

Sometimes, your lawyer could be able to negotiate an agreement with the responsible driver's insurance company. This is most likely to occur after the completion of the discovery process and prior to trial. If the insurance company refuses to provide a fair settlement or if you have incurred significant losses that aren't covered by the insurance policy, your case may move forward to trial. A jury or judge will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident attorneys lawsuit the attorney representing you and the insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents that support your case, including police reports, medical bills, work loss records (e.g. the records from your employer which reveals the amount of time you were absent from work because of the accident) photos of your vehicle as well as any injuries or damages or other pertinent financial information. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to ask questions of witnesses and parties who are not present.

These documents are used to exchange information between attorneys on both sides. They give the opposing party the opportunity to answer questions in writing, that must be answered under oath, and to provide copies of certain documents or other information that may be relevant to your case.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the collision, as well as anyone with information on your injuries or damages that could be relevant to your case. During a deposition lawyer for the person who is at fault will ask you several 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 construct an effective and convincing argument to the at-fault party and their insurance company so that you can get 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 before your case is brought to trial.

4. Trial

The majority of car accidents are settled through informal negotiations however, if you and your insurance company do not agree on who is at fault or the amount you should receive for your injuries, your case may go to trial. A trial is an official proceeding in which both parties present arguments and evidence before a factfinder who makes a decision on how to settle the dispute. In personal injury cases the factfinder is usually a jury.

During the trial the lawyer will explain your story in opening statements to the jury, together with any evidence you have, including pictures or videos of accident scene, witness testimony from bystanders and medical professionals, as well as documents such as police reports and medical bills. You can also provide testimony regarding your recollection of the incident and how it changed your life. Expert witnesses will also provide evidence to support your assertions. The lawyer representing the defendant can cross-examine witnesses and challenge to the admissibility of certain evidence.

The jury will decide at trial if the plaintiff's injury was caused by the defendant's negligent conduct. They will consider the proximate causes, which is a complicated legal concept that law students will 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 decide how much compensation you're entitled to. It is also a complicated issue due to the severity of your injuries and the degree to which you've suffered. Your lawyer will present your evidence which includes expert witness testimony on the severity of your injuries, the loss of income, and future earnings potential in addition to your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Every state has a legal deadline, commonly referred to as the statute of limitations, that you must meet to settle your claim or make a claim. If your lawyer can't negotiate a settlement with the insurance company, you may be required to make a court filing. It can be lengthy and expensive, yet it is usually required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and take part in discovery (a process formal where each side exchanges information with one another). Your attorney will also file legal documents, known as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations may continue throughout this process. Many car accident civil disputes are settled prior to a trial.

Insurance companies are more likely to offer fair settlement offers if they believe that your claim for injury is solid and that you are willing to go to trial. The settlement process is also quicker and less risky than an in-court trial.

It is vital to understand your injuries before you agree to the settlement. You must have completed all medical treatment. You could be denied additional compensation if you accept the settlement before your doctor has determined that you have attained the point of maximum improvement. Additionally, you should not sign the release until you've had a conversation with your lawyer and received an accurate understanding of your damages. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will review your medical records, and other documents to ensure that you receive all damages that you are entitled to.