The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount you need to cover your injuries, our tenacious lawyers will draft a formal demand letter. This letter will detail all of your economic damages such as medical expenses, lost wages as and non-economic losses like pain and discomfort.

Then a judge or jury will then make a decision. If they decide in your favor, they will award you damages and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit that involves an automobile accident, proving negligence is crucial to receiving compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports, like police reports, and other official reports.

Photographs of the scene of the garden city accident lawsuit could help your attorney establish what actually happened in the collision, including the location of both cars following the impact, skid marks road debris and other physical evidence. Take down the names and contact details of any eyewitnesses that witnessed what transpired. Witnesses who testify that confirm your account of what happened is crucial particularly since it can be common for drivers to have conflicting stories of what happened. This causes insurance companies to refuse to accept the claim or deny any responsibility at all.

Medical records can also be used by your lawyer to demonstrate the severity of your injuries. These documents may include bills, receipts, lab results, diagnosis reports, discharge instructions and other records. It is important to obtain these records as soon as possible and ensure that you send copies to your healthcare providers.

A deposition is yet another type of evidence your lawyer might use. It's an out-of the court testimony that is under oath and later transcribed by a Court Reporter. Your lawyer may make use of this testimony to prove your injuries have an immediate, obvious connection to the accident. This will help justify the need for compensation. Most of the evidence mentioned above can be gathered at the scene of the olean accident lawsuit or within a short time, but some may not be available until much later in the legal process. This is why it's vital to contact a reputable lawyer in the event of a car accident as soon as you can, so they can begin an investigation as evidence is in its purest form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, it's time to seek out legal counsel from an expert. A lawyer who has handled car accidents can give you the experience to maximize your compensation.

The first step is to file a complaint in the court, describing the specific claims you're bringing and the amount of money you are seeking in damages. The document is usually drafted by your attorney and filed with the court and then served on the defendant.

The discovery phase begins, allowing both parties to share information about their claims and defenses. The process can take a long time and requires both parties to examine a variety of documents, including police reports, witness statements, medical records, bills and more. Each side can demand interrogatories. They are a set of questions that the other party must answer under oath, within a specific deadline.

In this stage, your lawyer will also collaborate with medical professionals to ensure they have a complete picture of the severity of your injuries as well as the impact they've affected your daily routine. Your attorney will then calculate your total damages, which will include the past and future medical costs and lost earnings, as well as suffering and pain and much more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver who is at fault. 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, your case could be referred to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident case. It is the point at which your attorney and the negligent insurer for the driver exchange information that can support or undermine your claim. Your attorney will ask for copies of documents to prove your case. These documents include police reports medical bills, as well as work loss records from your employer (showing the amount of time you missed due to the accident) photos of your vehicle damaged or injured, and other financial information. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to question witnesses and other parties who are not present.

These discovery tools written in writing are sent back and forth between attorneys for both sides. They provide the opposing party a chance to respond to questions in writing, which need to be answered under 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 question witnesses and anyone who has information about the damages or injuries you sustained that could be vital to your case. During a deposition at-fault party's lawyer will ask you several questions, and your answers will be recorded on video or transcribing by a court reporter.

The goal of these pre-trial investigation procedures is to assist your lawyer to create a strong and compelling case against the at-fault party as well as their insurer, so that you can get a full and fair settlement for your losses, injuries and expenses. While there is no assurance that all cases will settle, the majority do in the course of or following the discovery process, which can be completed prior to the time your case reaches trial.

4. Trial

While the vast majority of car accident cases are settled through informal negotiations, if you and the insurance company are not in agreement about who is to blame or the amount of compensation you should receive for your injuries, the case may be heard in a trial. A trial is a formal hearing 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 is usually 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 Thornton Accident lawyer scene as well as testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also offer testimony regarding your memories of the incident and how it affected your life. Expert witnesses can also testify to support your claims. The defendant's lawyer can cross-examine the witnesses and object to the admissibility or validity of certain evidence.

At trial, the jury must decide whether the plaintiff's injuries were the result of the negligence of the defendant. They will look 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 also has to decide the amount of damages you're entitled to. This is a thorny issue due to how severe your injuries are and the extent of your losses. Your attorney will provide evidence which includes expert testimony about the severity of your injuries as well as lost income and future earnings potential, as also your pain and suffering and impairment.

5. Settlement

Every state has a time limit that you must meet to settle your claim or file a lawsuit. This is referred to as the statute of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you may have to file a car accident lawsuit in court. This can be time consuming and expensive, yet it is usually necessary to pursue compensation.

During this procedure during this process, your Long Island personal injury lawyer will be involved in discovery (a formal process in which each party exchanges information with the other side) and be present at hearings. Your lawyer will also file legal documents called motions that ask the court for things like the exclusion of certain types of evidence in trial. Settlement negotiations can continue throughout this process. A majority of car accident civil disputes are resolved before trial is required.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is legitimate and that you will be willing to go to trial. Additionally, settlement is quicker and less risky than a trial.

Before agreeing to an agreement, it is crucial to fully comprehend the extent of your injuries. You must also have completed all medical treatments. If you settle before your doctor determines that you have reached 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 have spoken to your lawyer about the damages. Your lawyer will ensure you do not be denied compensation that is valuable. They will look over your medical records as well as other documentation, to ensure that you receive all of the damages that you are entitled to.