The First Steps in Car Accident Litigation Our firm of tenacious lawyers will draft an official demand letter in the event that the insurance company refuses to pay you the amount you require for your injuries This letter will provide a detailed description of your financial damages such as medical costs and lost wages, as and non-economic losses like discomfort and pain A jury or judge will then make a ruling If they rule to your advantage you will be awarded damages In https//vimeocom/709355629 , the defendant is required to pay them 1 Gathering Evidence In a lawsuit involving a car accident, proving the negligence and liability is essential to receive compensation for your injuries and losses Gathering evidence is among the first steps of the litigation process it involves collecting documents witnesses' testimony, photographs as well as official reports, such as police reports Your attorney may be able to determine the circumstances of the incident by taking photographs of the scene, which include skid marks, road debris and other physical evidence Also, keep track of the names and contact details of any eyewitnesses who witnessed what transpired It is important to have witnesses confirm the events took place, since it can often happen that drivers will give contradictory accounts that lead to insurance companies denying or refusing the liability Other forms of evidence your lawyer might use include medical records, which may include receipts, bills diagnostic reports, lab results, discharge guidelines, and other documentation that demonstrate the extent of your injuries It is important to obtain these documents as soon as you can and send copies to your healthcare providers Another type of evidence that your attorney could use is a deposition, which is out-of-court testimony given under oath and recorded by a court reporter Your lawyer can make use of the testimony to prove that your injuries have had an immediate and predicable connection to the accident and can be used to justify compensation for your damages Most of the evidence mentioned above can be collected at the site of the accident or within a short time but some of it may not be available until later in the legal process It is crucial to contact a lawyer for car accidents with the right credentials immediately to begin an inquiry as evidence is in its most pure form 2 Making a complaint Once the dust has sunk and you've taken care of your injuries, it's time to seek legal advice from a professional A lawyer for car accidents can provide the expertise needed to help you get the most compensation for your claim The first step is to file a complaint with court, which lists the specific claims that you have filed and the amount of money you're seeking in damages The document is usually written by an attorney, and filed in the court It will also be served to the defendant This also triggers the discovery phase, which allows both sides to exchange information and evidence pertaining to their defenses and claims The process can take a considerable time and both teams will need to review a lot of documents, including police reports and witness statements They may also have to examine medical records and bills as well as other documents Each side can request interrogatories, which are a series of questions the other party must answer under oath, within a specific date In this stage the lawyer will work with medical professionals to ensure they have a complete understanding of the seriousness of your injuries and the impact they've had on your daily life Your lawyer will determine the total damages This will include future and past medical expenses and lost wages, as well as the pain and suffering of others, and many more Sometimes, your lawyer might be able to reach an agreement with the at-fault driver's insurance company This is more likely to happen following discovery, but before trial If the insurance company is unwilling to offer an acceptable settlement, or if your losses are significant and are not covered by insurance, then you could be required to appear in court A judge or jury will decide the case on the basis of all evidence 3 Discovery Discovery is a crucial step in any car accident case It is the point at which your attorney and negligent insurer for the driver share information that could either support or damage your claim Your attorney will request documents that can support your case, such as police reports, medical bills and work loss records eg, from your employer indicating how much time you missed work due to the accident photographs of your vehicle, any damage or injuries as well as other financial information Your attorney will also make use of documents for discovery in writing, such as interrogatories and requests for production, as well as requests for admissions to question witnesses and other parties that are not in the case These tools for discovery in writing are distributed back and forth between the attorneys from both sides They give the opposing party the chance to respond to questions in writing, which need to be sworn to in oath and to provide copies of certain documents or other information that may be relevant to your case Your Long Island car accident attorney will also depose witnesses and anyone with information about your injuries or damages that could be important to your case During a deposition, your lawyer representing the party at fault will ask you questions and your responses will either be recorded on video by the court reporter or translated These pretrial investigation processes are designed to help your lawyer build a compelling argument against the person at fault and their insurer to obtain a fair settlement for all of your injuries as well as losses, expenses and costs Although there is no assurance that all cases will settle however, the majority settles either during or after the discovery process, which can often be completed prior to the time your case goes to trial 4 Trial While the vast 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, your case could be heard in a trial A trial is an official proceeding in which both sides argue and present evidence to a factfinder who will make an decision on how to resolve the dispute In personal injury cases, the factfinder is typically a jury During the trial your lawyer will provide your version of the events in your opening statements to the jury, together with any evidence you may have, such as photos or video of the accident scene, witness testimony from witnesses and medical professionals, as well as documents like medical bills and police reports You may also testify about your personal memories of the incident, and how it impacted your life Expert witnesses can also testify to support your assertions The attorney representing the defendant may interrogate witnesses and contest the admissibility of certain evidence In a trial, the jury has to determine if the plaintiff's injuries were caused by the defendant's negligence They will examine proximate cause which is a complex legal concept that lawyers spend many hours studying during law school Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff's injuries A jury is also required to determine the amount of damages you're entitled to It's also a complicated issue because it depends on the severity of your injuries and the amount to which you've suffered Your attorney will present your evidence which includes expert witness testimony about the severity of your injuries, your lost income, as well as future earnings potential and your suffering and pain disfigurement, impairment, and 5 Settlement Every state has a deadline to settle your claim or bring an action This is known as the statute of limitations If your lawyer can't negotiate a settlement with your insurer, you may have to make a court filing This could be a lengthy process and expensive, yet it is usually required to seek compensation During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery a procedure that is formal in which both sides exchange information with each other Your lawyer will also file legal documents, known as motions, which ask the court to take actions such as excluding certain types evidence from trial Settlement negotiations can go on throughout the entire process, and a lot of civil disputes in car accidents settle before a trial is required to be held Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and you'll be willing to take the case to trial Settlements are quicker and less risky than the court trial It is important to understand the extent of your injuries prior to agreeing to the settlement You must also have completed all medical treatments If you sign a settlement prior to your doctor determining that you have reached maximum medical improvement MMI it is possible to miss out on additional compensation Also, you should not sign a release until you've spoken with your lawyer regarding your damages Your lawyer will ensure that you don't miss out on a significant amount of compensation They will carefully review your medical records as well as other documents to make sure that you receive the entire amount of damages to that you are eligible