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What's The Job Market For Accident Compensation Professionals?
The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount of money you need for your injuries, our tenacious attorneys will prepare an official demand letter. This letter will detail all of your economic damages such as medical expenses and lost wages, as in addition to non-economic damages such as pain and discomfort.


A jury or judge will then take a call. If they rule in your favor they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an automobile accident the proof of negligence is essential in obtaining compensation for your injuries. Gathering evidence is one of the initial steps in the litigation process, and it requires gathering documents, photographs, witness testimony, and official reports, such as police reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually transpired in the crash, including the position of both cars after impact, skid marks, road debris, and other physical evidence. Take down the names and phone numbers of any witnesses who were present to witness the events. It is essential that witnesses to verify the events that took place, since it can often happen that drivers provide contradictory information that can lead to insurance companies denying or refusing the responsibility.

Medical records can also be used by your lawyer to demonstrate the extent of your injury. These documents may include receipts, bills, lab results, diagnosis reports, discharge guidelines and other forms of documentation. You should obtain these documents as soon as you can, and make sure to provide copies to your medical professionals.

A deposition is a different type of evidence your lawyer could use. This is an out-of court testimony under oath, and then transcribing by a Court Reporter. Your lawyer could use this testimony to establish your injuries have a clear, identifiable connection to the accident. This will help justify seeking compensation. While the majority of the above kinds of evidence can be taken at the scene of the accident or shortly afterward but some of the evidence might not be accessible until later in the litigation process. This is why it's vital to consult a highly-credentialed lawyer in the event of a car accident as soon as you can, so they can begin the investigation while the crucial evidence is in its purest form.

2. Filing brooklyn park accident lawyer

After the dust has settled, and you've taken care of your injuries, you should seek legal advice from a professional. A lawyer for car accidents can give you the experience to maximize your compensation.

The first step is filing an application with the court. This will outline your specific claims and the amount of money you want to recover in damages. The document is usually written by an attorney and then filed in court. It will also be delivered to the defendant.

The discovery phase starts with both parties able to exchange information regarding their claims and defenses. The process can take a long time and requires both parties to go through a myriad of documents including police reports witnesses' statements, police reports and medical records, as well as bills and more. Each side is able to request interrogatories. These are a set of questions which the other side must answer under oath in an agreed upon timeframe.

In this phase, your lawyer will also work closely with doctors to gather a full picture of your injuries and the impact that they've affected your life. Your attorney will calculate your total damages. This will include any future medical expenses including lost wages, suffering and pain, and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the at fault driver's insurance company. This is more likely to happen following discovery and prior to trial. If the insurance company is unable to settle the claim in a fair manner or if you have incurred significant damages that are not covered by the insurance policy, the case may move forward to trial. A judge or jury will make a decision in the case based on all the evidence presented.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident, where your attorney and the negligent driver's insurance company exchange information that could aid or hinder your claim. Your attorney will ask for copies of documents that support your case. This includes police reports medical bills, work loss records from your employer (showing how much time you were absent due to the accident) photographs of your vehicle damaged or injured and financial information. Your attorney may also employ written discovery tools such as interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These tools for discovery in writing are circulated back and forth between attorneys on both sides. The written discovery tools give the opposing party a chance to respond to questions in writing that need to be answered under oath. They also ask you to provide copies or other information that could be helpful to you.

Your Long Island car accident attorney will also depose witnesses and anyone who has information regarding 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 answers could be recorded on video by the court reporter or translated.

These pre-trial investigation procedures are designed to assist your lawyer construct a compelling case against the person who is at fault and their insurer in order to obtain a fair settlement for all of your damages and losses, costs and expenses. Although there is no guarantee that every case will settle however, the majority settles at the end of or following the discovery process, which may be completed before your case reaches trial.

4. Trial

Trials are possible when you and the insurance company do not agree on fault or the amount you should receive for your injuries. A trial is a formal process where both parties present arguments and evidence before an impartial factfinder who takes an decision on how to resolve the dispute. In personal injury cases the factfinder usually a jury.

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

At trial, the jury has to decide if the plaintiff's injuries were the result of the negligence of the defendant. They will look at the proximate cause, a complicated legal concept that law students spend hours studying. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury is also required to determine how much damages you will be awarded. It is also a complicated issue because it is contingent on the extent of your injuries and the extent to which you have suffered. Your attorney will present evidence which includes expert testimony about the severity of injuries loss of income, future earning potential, as well your pain and suffering and impairment.

5. Settlement

Every state has a legal deadline, referred to as the statute of limitations, where you have to settle your claim or make a claim. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you may be required to file a vehicle accident lawsuit in the court. It's costly and time-consuming, but it is often necessary to seek compensation.

During this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and also attend hearings. 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 process, and a majority of civil disputes arising from car accidents end before a trial is required to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your claim for injury is solid and that you will be willing to take the case to trial. Settlements are faster and less risky than an in-court trial.

It is crucial to be aware of the extent of your injuries prior to agreeing to a settlement. It is also important to have completed all medical treatments. You may not receive additional compensation if settling a settlement until your doctor has confirmed that you have achieved the maximum level of improvement in your medical condition. You should also not sign a release before you have spoken to your lawyer regarding your damages. Your lawyer will ensure you don't be denied compensation that is valuable. They will carefully review your medical records as well as other documents to ensure that you receive the full amount of damages for which you are eligible.

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