The First Steps in Car Accident Litigation Our firm of tenacious lawyers will draft an official demand letter if the insurance company is unable to pay the amount you need to cover your injuries This letter will detail all of your financial losses such as medical expenses and lost wages as well as non-economic damages such as discomfort and pain A judge or jury will then take a call If they rule in your favor you will be awarded damages, and the defendant will be required to pay them 1 Gathering Evidence In a lawsuit involving a car accident, proving liability and negligence is key to obtaining compensation for your injuries and losses The gathering of evidence is one of the first steps in the process of litigation, and it involves collecting documents, photographs, witness testimony as well as official reports such as police reports Photographs of the scene of the accident could help your attorney establish what actually transpired in the crash, including the position of both cars after impact, skid marks, road debris, and other physical evidence Note down the names and contact numbers of any witnesses who saw what happened It is crucial to have witnesses to verify the events that took place, since it can often be the case that drivers will give contradictory stories that lead to insurance companies refusing or denying the responsibility Medical records can also be used by your lawyer to establish the extent of your injury These documents may include receipts, bills and lab results, diagnose reports, discharge instructions, and other documents You should seek these documents as soon as you can and be sure to send copies to your medical professionals Another form of evidence your attorney might employ is a deposition which is an out-of court testimony delivered under oath and transcribed by a court reporter The lawyer can use this testimony to establish your injuries were a clear, identifiable connection to the accident This is a good argument to support seeking compensation While most of the above-mentioned types of evidence are obtained at the scene or shortly afterward, some of it might not be accessible until later in the litigation process It is essential to contact a lawyer for car accidents with the appropriate credentials as soon as you can to start an inquiry as evidence is in its purest form 2 Making a complaint After the dust has settled and you've taken care of your injuries, you should seek legal guidance from an expert An attorney for car accidents will be able to provide the expert advice you require to help you obtain maximum compensation for your claim The first step is to file a complaint in court, which lists the specific claims you are making and the amount of money you're seeking in damages The complaint is typically written by your attorney, and then filed with the court, and then served to the defendant It also kicks off the discovery phase, which allows both sides to exchange information and documents related to their claims and defenses The process can take a considerable time and both teams will have to look over a variety of documents like police reports and witness statements They might also need to look at medical documents as well as bills and other documents Each side may ask for interrogatories, which are a series of questions the other party must answer under oath by a predetermined date In this stage your lawyer will collaborate with doctors to ensure that they have a complete understanding of the seriousness of your injuries and the impact they have affected your daily routine Your attorney will calculate the total damages you have suffered that include past and future medical expenses and lost earnings, as well as pain and suffering and much more Sometimes, your lawyer might be able to negotiate an agreement with the responsible driver's insurance company This will most likely occur following the conclusion of discovery and prior to trial However, if the insurance company is unable to settle the claim in a fair manner or if you've sustained significant damage that is not covered by the insurance policy, your case could be referred to trial A judge or jury will decide on the case based on all of the evidence presented 3 Discovery Discovery is an important phase in any car accident case This is where your attorney and the negligent insurer for the driver exchange information that could help or hurt your claim Your attorney will ask for copies of documents that support your case, such as medical bills, police reports as well as work loss records eg the records from your employer showing how long you missed work due to the accident, photographs of your vehicle, any damage or injuries, and other relevant financial information Your attorney could also make use of written discovery tools such as interrogatories and requests for production to ask questions of parties and witnesses who are not present The written discovery tools are sent back and forth between attorneys on both sides They provide the opposing party a chance to respond to questions in writing, which must be sworn to under oath, and to provide copies of specific documents or other information that could be helpful to your case Your Long Island car accident lawyer will also be able to depose people who are witnesses to the collision as well as anyone with information regarding your injuries or damages that could be pertinent to your case During https//vimeocom/709858747 , the lawyer representing the party at fault will ask you questions and your answers will either be recorded on video by the court reporter or translated These pre-trial investigation procedures are designed to assist your lawyer build a compelling case against the person who is at fault and their insurer in order to get a fair settlement for all your losses, injuries and losses, costs and expenses Although there is no guarantee that every case will settle however, the majority of cases settle during or after the discovery process, which may be completed prior to the time your case is brought to trial 4 Trial Trials are possible when you and the insurance company are not in agreement about who is at fault or the amount of compensation you should receive for your injuries A trial is a formal proceeding where both parties are required to present their arguments and evidence to a factfinder who will make an announcement to settle the dispute In personal injury cases the factfinder usually a jury During the trial, your lawyer will present your version of events in opening statements to the jury, as well as any other evidence you have, including photographs or videos of the accident scene, witness testimony from witnesses and medical professionals, and documents such as police reports and medical bills You can also provide testimony about your memories of the incident and how it affected your life Expert witnesses will also provide testimony to support your claims The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of certain evidence The jury will determine at trial if the plaintiff's injury was caused by the defendant's negligent conduct They will consider proximate cause an intricate legal concept that lawyers will spend many hours studying in law school Proximate cause considers the relationship between the defendant's actions and the plaintiff's injuries A jury also has to decide the amount of damages you are entitled to It is also a complicated matter because it is based on the extent of your injuries and the extent to which you have suffered Your attorney will present your evidence including expert witness testimony on the severity of your injuries, your loss of income, and your future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain 5 Settlement Each state has a specific deadline within which you can resolve your claim or file a lawsuit This is referred to as the statutes of limitations If your lawyer is not capable of negotiating a fair settlement with the insurance company, you may have to file a car accident lawsuit in the court It is costly and time-consuming, but it is often necessary to seek compensation During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery a formal procedure where each side exchanges information with each other Your attorney will also file legal documents, known as motions, which ask the court to take actions like exclude certain types of evidence from trial Settlement negotiations can be ongoing throughout the process, and many civil disputes arising out of car accidents will end before a trial can be held If they believe that your injury claim is solid and you are willing to go to trial insurance companies will make a fair settlement offer Additionally the settlement process is faster and less risky than a trial It is vital to understand your injuries prior to committing to an agreement You must also have completed all medical treatment If you sign a settlement prior to your doctor determining that you have reached maximum medical improvement MMI then you could not receive additional compensation Also, you should not sign a release until you've met with your lawyer and had a complete understanding of your damages Your lawyer will ensure that you don't lose 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 which you are eligible