The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if the insurance company refuses to pay the amount you need to cover your injuries. The letter will outline all of your financial damages such as medical expenses, lost wages, as in addition to non-economic damages such as pain and discomfort.

A judge or jury will then make a ruling. If they rule in your favor, you will be awarded damages. In addition, the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving liability and negligence is crucial to get compensation for your injuries and losses. Collecting evidence is one the first steps of the litigation process. it requires gathering documents including photographs, witness statements, and official reports such as police reports.

Photographs of the scene of the accident can assist your attorney in determining what happened during the accident, including the position of both cars after impact, skid marks, road debris and other physical evidence. Also, keep track of the names and phone numbers of any witnesses who witnessed what happened. Having witnesses testify that corroborate your version of events is important, especially since it can be common for drivers to give contradicting accounts of what happened that results in insurance companies refusing to accept the claim or denying responsibility completely.

Other evidence forms your lawyer might use include medical records. These could include receipts, bills diagnostic reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. You should seek these records as soon as you can and ensure that you give copies to your medical professionals.

Another form of evidence your attorney could utilize is a deposition, which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. Your lawyer can use this evidence to prove your injuries had an immediate, obvious connection to the accident. This can be used to justify requesting compensation. While most of the above-mentioned types of evidence can be collected at the scene of the accident or shortly afterward, some of it might not be available until later in the litigation process. This is why it's important to speak with a well-credentialed car accident lawyer as quickly as possible so that they can begin investigating when the evidence is in its most pure form.

2. Making a complaint

When the dust has cleared and you've treated your injuries, it's the time to seek professional legal advice. A lawyer for car accidents can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with court, which lists the specific claims that you're bringing and how much money you're seeking in damages. This document is usually drafted by an attorney and then filed in court. It will also be served on the defendant.

This also begins the discovery phase that allows both sides to exchange information and documents related to their claims and defenses. The process can be very long and requires both teams to review many documents, including police reports as well as witness statements and medicck and forth between the attorneys for 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 which could be beneficial to your case.

Your Long Island car accident attorney will also depose witnesses as well as anyone with information about your injuries or damages that could be vital to your case. In a deposition, the lawyer representing the person at fault will ask you questions and your responses could be recorded on video by a court reporter or transcribed.

The purpose of these pretrial investigation processes is to allow your lawyer to construct a strong and compelling case to the at-fault party and their insurer in order that you can get an equitable and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case, but most do so after or during the investigation process, which usually concluded prior to the trial.

4. Trial

While the vast majority of car accident cases settle through negotiations outside of court If you and the insurance company are not in agreement about who is to blame or the amount you are entitled to for your injuries, the case may go to trial. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder who makes a decision which settles the dispute. In personal injury cases the factfinder usually a jury.

During the trial the lawyer will provide your version of the events in opening statements to the jury, as well as any other evidence you may have, such as photographs or videos of the morro bay accident lawsuit scene, witness testimony from bystanders and medical professionals, and documents like medical bills and police reports. You can also offer testimony about your memories of the incident and how it has affected your life. Expert witnesses will also provide evidence to support your assertions. The lawyer for the defendant may cross-examine witnesses, and argue against the admissibility of specific evidence.

The jury will decide at trial whether the plaintiff's harm was caused by the defendant's negligence. They will consider proximate causes, a complex legal concept that law students will spend hours studying. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also decide the amount of damages you are entitled to. It's also a complex matter because it is based on the severity of your injuries and the degree to which you've suffered. Your lawyer will provide evidence including expert testimony about the severity of your injuries, lost income and future earnings potential, as also your suffering and impairment.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations, in which you must settle your claim or file a lawsuit. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you might have to file a car marlin accident lawsuit lawsuit in court. It can be time-consuming and expensive, but it is often required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where both sides exchange information with the other). Your lawyer will also file legal documents called motions to ask the court for certain things, such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue throughout the entire process, and most civil disputes arising from car accidents end before a trial has to be held.

If they believe your injury claim is solid and you are willing to go to trial Insurance companies will offer a fair settlement offer. In addition, the settlement process is more efficient and less risky for them than a trial.

Before settling an agreement, it's essential to be aware of the extent of your injuries. You must also have completed all medical treatments. If you accept a settlement before your doctor has determined you have reached maximum medical improvement (MMI) it is possible to be denied additional compensation. Don't sign a release until you have spoken to your lawyer regarding your damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will carefully examine your medical records and other evidence to ensure that you receive the entire amount of damages to which you are eligible.