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The First Steps in Car Accident Litigation
Our firm of tenacious lawyers will draft a formal letter of demand if the insurance company is unable to pay the amount you need for your injuries. The letter will outline all of your financial damages like medical expenses and lost wages, as in addition to non-economic damages such as pain and discomfort.
A jury or accident lawsuit judge will then take a call. If they decide to your advantage, you will be awarded damages. In addition, the defendant must pay them.
1. Gathering Evidence
In a lawsuit that involves a car accident, proving negligence is vital to receive compensation for your injuries. Collecting evidence is one the first steps of the litigation process, and it requires gathering documents witnesses' testimony, photographs and official reports like police reports.
Your attorney may be able to establish what happened in the accident by taking photos of the scene, including skid marks or road debris, as well as other physical evidence. Take down the names and phone numbers of any witnesses who saw the events. Witnesses who testify to corroborate your version of the events is essential especially as it can be common for drivers to give contradicting stories of what happened. This leads to insurance companies refusing to accept the claim or even denying the responsibility completely.
Medical records can also be utilized by your lawyer to prove the severity of your injuries. These documents may include bills, receipts and lab results, diagnose reports, discharge guidelines and other records. It is essential to get these records as soon as possible and provide copies to your medical professionals.
Another type of evidence that your attorney might use is a deposition, which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. The lawyer can utilize this testimony to prove that your injuries had a direct, foreseeable link to the accident. This helps to justify the need for compensation. The majority of the evidence mentioned above can be collected at the scene of the accident or shortly afterwards however some evidence may not be available until later in the litigation. This is the reason it's essential to consult a highly-credentialed car accident lawyer as quickly as possible so that they can begin investigating as evidence is in its purest form.
2. The process of filing a complaint
Once the dust has sunk and you've treated your injuries, it's the time to seek expert legal advice. A car accident lawyer can offer you the knowledge to maximize your compensation.
The first step is to file a complaint in court, which lists the specific claims that you have filed and how much money you are seeking in damages. This form is usually prepared by an attorney and then filed in the court. It is also given to the defendant.
This also triggers the discovery phase which allows both parties to exchange information and documents related to their defenses and claims. The process can be long and requires both sides to examine a variety of documents, including police reports and witness statements medical records, invoices and much more. Each side can request interrogatories. They are a set of questions which the other side must answer under oath within the timeframe specified.
During this stage, you lawyer will also work closely with your doctor to get a full picture of your injuries as well as the impact that they've caused on your life. Your attorney will calculate the total damages. This includes future and past medical expenses including lost wages, pain and suffering and more.
Sometimes, your lawyer might be able to negotiate a settlement with the at-fault driver's insurance company. This is likely to take place after the completion of the discovery process and prior to trial. If the insurance company doesn't agree to an acceptable settlement, or if the damages are important and not covered by insurance, then you could be required to go to trial. A jury or judge will make a final decision in the case based on all of the evidence presented.
3. Discovery
Discovery is the most crucial step in any car accident lawsuit the attorney representing you and the insurance company exchange information that could assist or derail your claim. Your attorney will request documents that can support your case, such as police reports, medical bills and work loss records (e.g. the records from your employer that outlines how much time you missed work because of the accident) photographs of your vehicle and any injuries or damages as well as other financial information. Your attorney may also use written discovery tools such as interrogatories and requests for production to ask questions of parties and witnesses who are not present.
These discovery tools written in writing are sent back and forth between attorneys of both sides. They give the opposing side an opportunity to reply to questions in writing, which need to be answered under oath and to supply copies of certain documents or other data that could be useful to your case.
Your Long Island car accident attorney will also interview witnesses and anyone who has information regarding your injuries or damages that could be vital to your case. During a deposition the lawyer representing the at-fault party will ask you questions and your responses could be recorded on video by the court reporter or translated.
These pre-trial investigation procedures are designed to help your lawyer build a compelling argument against the person at fault and their insurance company in order to secure an equitable settlement for all your injuries as well as losses, expenses and costs. There is no guarantee of a settlement in each case however the majority of cases will settle during or following the investigation process, which is typically concluded prior to the trial.
4. Trial
Although the majority of car accidents settle through out-of-court negotiations, if you and the insurance company are not in agreement about who is to blame or the amount of compensation you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal process where both parties are required to argue their case and provide 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 provide your version of the events in your opening statements to the jury together with any evidence you may have, such as pictures or videos of accident scene, witness testimony from witnesses and medical professionals, as well as documents such as medical bills and police reports. You can also testify about your memory of the incident and how it impacted your life. Expert witnesses can also offer testimony to support your claims. The defendant's lawyer can cross-examine the witnesses and object to the admissibility of certain evidence.
At trial, the jury must determine if the plaintiff's injuries were caused by the defendant's negligence. They will consider proximate cause which is a complex legal concept that lawyers will spend many hours studying during law school. Proximate cause examines the relationship between the actions of the defendant and the plaintiff's injuries.
A jury must also decide how much compensation you will be awarded. This is another complicated issue depending on how severe your injuries are and the extent of your losses. Your lawyer will present evidence including expert witness testimony regarding the severity of your injuries, your lost income, and future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.
5. Settlement
Every state has a time limit by which you can settle your claim or bring a lawsuit. This is known as the statutes of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you may require filing a car accident lawsuit in the court. It's costly and time-consuming, but it is often required to seek compensation.
During the process of discovery, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal procedure where each side exchanges information with one another). Your lawyer will also file legal documents referred to as motions to request the court for specific things such as the exclusion of certain kinds of evidence during trial. Settlement negotiations can continue throughout the process, and a lot of civil disputes in car accidents settle before a trial is required to be held.
If they feel that your injury claim is solid and that you are willing to go to trial Insurance companies will offer a fair settlement offer. In addition, the settlement process is faster and less risky than a trial.
Before settling an agreement, it's essential to be aware of the extent of your injuries and accident lawsuit that you have completed all medical treatment. You may not receive additional compensation if you sign the settlement before your doctor has concluded that you have reached the level of medical improvement that is the highest. Don't sign the release until you've talked to your lawyer and received a complete understanding of your losses. Your lawyer will ensure that you don't miss out on valuable compensation. They will carefully examine your medical records and other evidence to make sure that you get the full amount of damages for which you are eligible.
Our firm of tenacious lawyers will draft a formal letter of demand if the insurance company is unable to pay the amount you need for your injuries. The letter will outline all of your financial damages like medical expenses and lost wages, as in addition to non-economic damages such as pain and discomfort.
A jury or accident lawsuit judge will then take a call. If they decide to your advantage, you will be awarded damages. In addition, the defendant must pay them.
1. Gathering Evidence
In a lawsuit that involves a car accident, proving negligence is vital to receive compensation for your injuries. Collecting evidence is one the first steps of the litigation process, and it requires gathering documents witnesses' testimony, photographs and official reports like police reports.
Your attorney may be able to establish what happened in the accident by taking photos of the scene, including skid marks or road debris, as well as other physical evidence. Take down the names and phone numbers of any witnesses who saw the events. Witnesses who testify to corroborate your version of the events is essential especially as it can be common for drivers to give contradicting stories of what happened. This leads to insurance companies refusing to accept the claim or even denying the responsibility completely.
Medical records can also be utilized by your lawyer to prove the severity of your injuries. These documents may include bills, receipts and lab results, diagnose reports, discharge guidelines and other records. It is essential to get these records as soon as possible and provide copies to your medical professionals.
Another type of evidence that your attorney might use is a deposition, which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. The lawyer can utilize this testimony to prove that your injuries had a direct, foreseeable link to the accident. This helps to justify the need for compensation. The majority of the evidence mentioned above can be collected at the scene of the accident or shortly afterwards however some evidence may not be available until later in the litigation. This is the reason it's essential to consult a highly-credentialed car accident lawyer as quickly as possible so that they can begin investigating as evidence is in its purest form.
2. The process of filing a complaint
Once the dust has sunk and you've treated your injuries, it's the time to seek expert legal advice. A car accident lawyer can offer you the knowledge to maximize your compensation.
The first step is to file a complaint in court, which lists the specific claims that you have filed and how much money you are seeking in damages. This form is usually prepared by an attorney and then filed in the court. It is also given to the defendant.
This also triggers the discovery phase which allows both parties to exchange information and documents related to their defenses and claims. The process can be long and requires both sides to examine a variety of documents, including police reports and witness statements medical records, invoices and much more. Each side can request interrogatories. They are a set of questions which the other side must answer under oath within the timeframe specified.
During this stage, you lawyer will also work closely with your doctor to get a full picture of your injuries as well as the impact that they've caused on your life. Your attorney will calculate the total damages. This includes future and past medical expenses including lost wages, pain and suffering and more.
Sometimes, your lawyer might be able to negotiate a settlement with the at-fault driver's insurance company. This is likely to take place after the completion of the discovery process and prior to trial. If the insurance company doesn't agree to an acceptable settlement, or if the damages are important and not covered by insurance, then you could be required to go to trial. A jury or judge will make a final decision in the case based on all of the evidence presented.
3. Discovery
Discovery is the most crucial step in any car accident lawsuit the attorney representing you and the insurance company exchange information that could assist or derail your claim. Your attorney will request documents that can support your case, such as police reports, medical bills and work loss records (e.g. the records from your employer that outlines how much time you missed work because of the accident) photographs of your vehicle and any injuries or damages as well as other financial information. Your attorney may also use written discovery tools such as interrogatories and requests for production to ask questions of parties and witnesses who are not present.
These discovery tools written in writing are sent back and forth between attorneys of both sides. They give the opposing side an opportunity to reply to questions in writing, which need to be answered under oath and to supply copies of certain documents or other data that could be useful to your case.
Your Long Island car accident attorney will also interview witnesses and anyone who has information regarding your injuries or damages that could be vital to your case. During a deposition the lawyer representing the at-fault party will ask you questions and your responses could be recorded on video by the court reporter or translated.
These pre-trial investigation procedures are designed to help your lawyer build a compelling argument against the person at fault and their insurance company in order to secure an equitable settlement for all your injuries as well as losses, expenses and costs. There is no guarantee of a settlement in each case however the majority of cases will settle during or following the investigation process, which is typically concluded prior to the trial.
4. Trial
Although the majority of car accidents settle through out-of-court negotiations, if you and the insurance company are not in agreement about who is to blame or the amount of compensation you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal process where both parties are required to argue their case and provide 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 provide your version of the events in your opening statements to the jury together with any evidence you may have, such as pictures or videos of accident scene, witness testimony from witnesses and medical professionals, as well as documents such as medical bills and police reports. You can also testify about your memory of the incident and how it impacted your life. Expert witnesses can also offer testimony to support your claims. The defendant's lawyer can cross-examine the witnesses and object to the admissibility of certain evidence.
At trial, the jury must determine if the plaintiff's injuries were caused by the defendant's negligence. They will consider proximate cause which is a complex legal concept that lawyers will spend many hours studying during law school. Proximate cause examines the relationship between the actions of the defendant and the plaintiff's injuries.
A jury must also decide how much compensation you will be awarded. This is another complicated issue depending on how severe your injuries are and the extent of your losses. Your lawyer will present evidence including expert witness testimony regarding the severity of your injuries, your lost income, and future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.
5. Settlement
Every state has a time limit by which you can settle your claim or bring a lawsuit. This is known as the statutes of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you may require filing a car accident lawsuit in the court. It's costly and time-consuming, but it is often required to seek compensation.
During the process of discovery, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal procedure where each side exchanges information with one another). Your lawyer will also file legal documents referred to as motions to request the court for specific things such as the exclusion of certain kinds of evidence during trial. Settlement negotiations can continue throughout the process, and a lot of civil disputes in car accidents settle before a trial is required to be held.
If they feel that your injury claim is solid and that you are willing to go to trial Insurance companies will offer a fair settlement offer. In addition, the settlement process is faster and less risky than a trial.
Before settling an agreement, it's essential to be aware of the extent of your injuries and accident lawsuit that you have completed all medical treatment. You may not receive additional compensation if you sign the settlement before your doctor has concluded that you have reached the level of medical improvement that is the highest. Don't sign the release until you've talked to your lawyer and received a complete understanding of your losses. Your lawyer will ensure that you don't miss out on valuable compensation. They will carefully examine your medical records and other evidence to make sure that you get the full amount of damages for which you are eligible.
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