The First Steps in Car Accident Litigation
If the insurance company is refusing to pay the amount you require for your injuries, our hard-working lawyers will draft a formal demand letter. This letter will provide a detailed description of your economic damages such as medical expenses, lost wages as in addition to non-economic damages such as discomfort and pain.
Then the judge or jury will then make a decision. If they rule in your favor, they will make you a victim and the defendant will be required to pay them.
1. Gathering Evidence
In a case of a car crash lawsuit the proof of negligence and liability is the most important aspect to obtain compensation for your injuries and losses. Gathering evidence is among the first steps in the litigation process. it involves collecting documents such as photographs, witness testimony as well as official reports such as police reports.
Photographs of the scene of the accident may assist your attorney in determining what actually transpired during the collision, including the location of both vehicles after impact, skid marks, road debris and other physical evidence. Record the names and phone numbers of any eyewitnesses that witnessed the events. Witnesses who testify that confirm your version of the events is essential particularly since it can be common for drivers to have conflicting accounts of what happened that leads to insurance companies refusing to accept the claim or even denying the responsibility completely.
Other evidence that your lawyer could utilize include medical records, which could include bills, receipts diagnostic reports, lab results, discharge guidelines, and other evidence that demonstrates the severity of your injuries. You should obtain these records as soon as you can and ensure that you give copies to your healthcare providers.
Another type of evidence your lawyer could make use of is a deposition which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. Your lawyer can make use of this testimony to prove your injuries had a direct, foreseeable link to the accident. This is a good argument to support requesting compensation. While the majority of the above types of evidence are collected at the scene of the accident law firm [via Suche Nibis] or shortly thereafter, some of them may not be accessible until later in the litigation process. It is crucial to contact an attorney in the case of a car crash with the appropriate credentials as soon as you can to start an investigation while the 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 lawyer for car accidents will be able to provide the expert advice you require to help you get the most compensation for your claim.
The first step is to file a complaint with the court. This will outline your specific claims as well as the amount you wish to recover in damages. This form is usually prepared by an attorney, and filed in court. It will also be served to the defendant.
This also triggers the discovery phase which allows both parties to exchange information and evidence that is related to their defenses and claims. The process can take a considerable time and both teams may have to look over a variety of documents, including police records and witness statements. They may also have to look at medical records, bills, and other documents. Both sides can request interrogatories. These are a set of questions that the other side must answer under oath in the specified timeframe.
During this stage, you lawyer will also work closely with doctors to gather the full picture of your injuries as well as the impact they’ve caused on your life. Your lawyer will determine your total damages. This will include future and past medical expenses and lost wages, as well as suffering and pain, and much more.
Sometimes, your lawyer might be able to negotiate an agreement with the at-fault driver’s insurance company. This is more likely to occur after discovery and prior to trial. However, if the insurance company refuses to settle the claim in a fair manner or if you’ve suffered significant damage that is not covered by the insurance policy, the case could go to trial. A judge or jury will make a decision in the case based upon all of the evidence presented.
3. Discovery
Discovery is the most crucial step in any car accident lawsuit where your lawyer and the insurance company exchange information that could aid or hinder your claim. Your attorney will ask for documents that can support your case, including police reports, medical bills, work loss records (e.g. documents from your employer that outlines how long you missed work because of the accident), photographs of your vehicle as well as any damages or injuries as well as other financial information. Your attorney can also make use of written discovery tools, such as interrogatories and requests for production to inquire into witnesses and parties who are not present.
These tools for writing discovery are used to exchange information between attorneys on both sides. The written discovery tools provide the opposing side an opportunity to respond to questions in writing which must be answered under oath and to provide copies of other information that may be helpful to you.
Your Long Island car accident lawyer will also depose people who are witnesses to the collision, as well as anyone with information on your injuries or damage that could be crucial to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your answers are recorded on video by a court reporter or transcribed.
The goal of these pre-trial investigation procedures is to help your lawyer to create a strong and compelling case against the at-fault party as well as their insurer so that you are able to secure an equitable and fair settlement for your losses, injuries and expenses. Although there is no assurance that all cases will settle however, the majority settles either during or after the discovery process, which may be completed prior Accident law Firm to the time your case reaches trial.
4. Trial
The majority of car accident cases are settled through informal negotiations If you and the insurance company disagree about fault or the amount you are entitled to for your injuries, the case may be heard in a trial. A trial is an official proceeding where both parties are required to present their arguments and evidence to 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 your lawyer will be able to explain your story in opening statements to the jury, together with any evidence you may have, such as photographs or videos of the accident scene, witness testimony from bystanders and medical professionals, as well as documents such as police reports and medical bills. You may also testify about your memories of the incident and how it impacted your life. Expert witnesses are also able to testify in support of your assertions. The lawyer representing the defendant can cross-examine witnesses and object to admissibility of some evidence.
The jury will determine at trial whether the plaintiff’s harm was caused by the defendant’s reckless behavior. They will look at proximate cause, a complicated legal concept that lawyers will spend many hours studying in law school. Proximate cause considers how close the connection is between the defendant’s actions and the plaintiff’s injuries.
A jury must also determine the amount of damages you’re entitled to. It’s also a complicated matter because it is based on the severity of your injuries and the degree to which you’ve suffered. Your lawyer will present evidence, including expert testimony, regarding the severity of injuries that resulted in loss of income and earnings potential, as also your pain and suffering as well as impairment.
5. Settlement
Each state has a deadline to settle your claim or file an action. This is known as the statute of limitations. If your lawyer is not capable of negotiating a fair settlement with the insurance company, then you might require filing a car accident law firms lawsuit in court. It is costly and time-consuming. However, it is often necessary to get compensation.
During this procedure you and 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 submit legal documents, referred to as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can be ongoing during this process. Many 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 strong and that you are willing to go to trial. Additionally, the settlement process is faster and less risky for them than a trial.
It is vital to understand your injuries before you agree to a settlement. It is also important to have completed all medical treatments. If you sign a settlement before your doctor has determined that you have reached maximum medical improvement (MMI) then you could not receive additional compensation. Additionally, you should not sign a release until you have spoken with your lawyer and received full understanding of your damages. Your attorney will ensure that you do not miss out on valuable compensation. They will carefully examine your medical records as well as other documents to make sure that you receive the entire amount of damages for that you are eligible.