공지사항

The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount you need for your injuries, our determined lawyers will draft an official demand letter. This letter will detail all of your economic damages such as medical expenses, lost wages, as and non-economic losses like discomfort and pain.

Then, a judge or jury will make a decision. If they rule in your favor they will give you damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in a car it is essential to prove negligence to receive compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports, including police reports and other official reports.

Photographs of the scene of the accident can aid your lawyer in determining what happened during the collision, including the positions of both vehicles after impact, 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 essential that witnesses who can confirm the events that took place, since it can often happen that drivers provide contradictory information that can lead to insurance companies denying or refusing responsibility.

Other types of evidence your lawyer could use include medical records. These could include receipts, bills and diagnosis reports, laboratory results, discharge instructions, and other evidence that demonstrates the extent of your injuries. You should get these records as soon as you can and give copies to your healthcare professionals.

A deposition is another form of evidence that your attorney may make use of. This is an out-of the court testimony that is under oath. It is then translated by a court reporter. The lawyer can use the testimony to prove that your injuries have had an immediate and obvious connection to the accident Law firm and can be used to justify the compensation you deserve for your damages. Most of the evidence mentioned above can be collected at the scene of the accident or soon after but some of it may not be available until later in the litigation. This is why it's important to speak with a well-credentialed lawyer for car accidents as soon as possible, so that they can begin the investigation while the crucial evidence is in its purest form.

2. Filing a complaint

After the dust has cleared and you've taken care of your injuries, seek legal guidance from an expert. A car accident compensation claim lawyer can offer you the knowledge to maximize your compensation.

The first step is to file a complaint in court, which outlines the specific claims that you're making and the amount of money you are seeking in damages. The document is usually written by your attorney and filed with the court and served on the defendant.

The discovery phase starts, allowing both parties to share information regarding their claims and defenses. The process can take a long time and both teams may need to review a lot of documents, including police records and accident Law firm witness statements. They might also need to look at medical documents and bills as well as other documents. Each side is able to request interrogatories. These are a set of questions that the other side has to answer under oath within the timeframe specified.

In this phase, your lawyer will also collaborate with medical professionals to obtain a full picture of your injuries as well as the impact they've had on your life. Your lawyer will then calculate your total damages that will include the past and future medical costs, lost earnings, pain and suffering, and more.

Sometimes, your lawyer could be able to negotiate a settlement 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 an equitable settlement, or if the damages are significant and are not covered by insurance, then you could need to go to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial step in any car accident lawsuit case. This is where your attorney and the negligent insurer of the driver share information that could either support or hurt your claim. Your attorney will ask for copies of documents to support your case. This includes police reports as well as medical bills and work loss records from your employer (showing how much time you've missed due to the accident) photographs of your vehicle as well as any injuries or damages and financial information. Your attorney may also use written discovery tools, such as interrogatories and requests for production to inquire about witnesses and other parties who are not present.

The written discovery tools are distributed back and forth between the attorneys of both sides. The written discovery tools give the opposing party a chance to respond to questions in writing, which must be answered under oath. They also ask you to provide copies of other information that might be helpful to you.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident compensation, as well as anyone with information regarding your injuries or damages that could be relevant to your case. In a deposition, the attorney representing the at-fault party will ask you a series of questions, and your answers will be recorded on video or transcribed by a court reporter.

The goal of these pretrial investigation processes is to assist your lawyer to build an argument that is persuasive and strong to the party at fault and their insurance company so that you are able to secure an adequate and fair settlement for your losses, injuries and expenses. While there is no guarantee that every case will settle but the majority settle in the course of or following the discovery process, which can be completed prior to the time your trial.

4. Trial

Trials are possible where you and the insurance company do not agree on fault or the amount you are entitled to for your injuries. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder, who makes a decision that settles the issue. 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 including photos or videos of the accident lawyers scene as well as testimony from witnesses and medical professionals, or documents like police reports and bills. You can also testify regarding your memories of the incident, and how it impacted your life. Expert witnesses can also testify to back your claims. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's harm was caused by the defendant's reckless behavior. They will examine the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate causes analyzes the degree of connection between the 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 because it is contingent on the severity of your injuries and the severity of your losses. Your attorney will present your evidence including expert witness testimony regarding the severity of your injuries, your loss of income and future earnings potential and your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations by which you must settle your claim or make a claim. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you might have to file a car accident lawsuit in court. It can be lengthy and expensive, yet it is usually necessary to pursue compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and be present at hearings. Your lawyer will also file legal documents, referred to as motions to ask the court for certain things, such as excluding certain types of evidence during trial. Settlement negotiations can be ongoing throughout the entire process, and most civil disputes arising from car accidents end before a trial can be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is solid and you'll be willing to take the case to trial. Additionally, the settlement process is quicker and less risky for them than a trial.

It is essential to fully comprehend your injuries prior to committing to an agreement. You should also have completed all medical treatment. It is possible to lose additional compensation if you sign the settlement until your physician has determined that you have attained the level of medical improvement that is the highest. Additionally, you should not sign a release until you have met with your lawyer and received an understanding of all losses. Your lawyer will make sure that you do not lose out on the valuable compensation. They will go through your medical records, as well as other documentation, to ensure that you are entitled to all compensation you're entitled to.