The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you need to cover your injuries, our tenacious lawyers will draft a formal demand letter. This will outline all your financial losses like medical bills and lost wages, as well as other damages that are not economic, like pain and suffering.

A jury or judge will then take a call. If they come to a decision in your favor you will be awarded damages, and the defendant must pay them.

1. Gathering Evidence

In a lawsuit for a car accident the proof of negligence and liability is crucial to get compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports including police reports and other official reports.

Your attorney might be able to establish what happened in the accident by taking photographs of the scene, which include skid marks or road debris, as well as other physical evidence. Take down the names and contact numbers of any witnesses who were present to witness the incident. It is important to have witnesses to verify the events that took place, as it can often happen that drivers offer contradictory stories that lead to insurance companies denying or refusing responsibility.

Other evidence forms your lawyer may use include medical records. These could include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other documentation that demonstrate the severity of your injuries. It is important to obtain these documents as soon as is possible and be sure to send copies to your healthcare providers.

Another type of evidence that your attorney may use is a deposition, which is an out-of court testimony delivered under oath, and then transcribed by a court reporter. Your lawyer could use the testimony to establish that your injuries have had a direct and foreseeable connection to the crash and, therefore, can justify the need for compensation for your injuries. While most of the above-mentioned types of evidence can be collected at the scene of the accident or within a short time after however, some evidence may not be available until later in the litigation process. It is essential to contact a car accident lawyer with the right credentials as soon as you can so that they can begin an investigation while the evidence is still in its most pure form.

2. Making a Complaint

When the dust has cleared and you've taken care of your injuries, it's the time to seek expert legal advice. A car accident attorney can provide the expertise needed to help you get the most compensation for your claim.

The first step is to file a complaint with the court, describing the specific claims you're bringing and how much money you are seeking in damages. This type of document is typically drafted by an attorney and then filed in the court. It will also be given to the defendant.

The discovery phase begins with both parties able to share information regarding their claims and defenses. The process can be very long and requires both sides to look over a number of documents, including police reports witnesses' statements, police reports medical records, bills and more. Each side may demand interrogatories. They are a series of questions that each party must answer under oath, within a specific timeframe.

During this stage, you lawyer will also collaborate with medical professionals to obtain a full picture of your injuries and the impact they've affected your life. Your lawyer will determine your total damages. This will include any future medical expenses and lost wages, as well as suffering and pain and suffering, and more.

Sometimes, your lawyer might be able to reach a settlement with the at-fault driver's insurance company. This is most likely to take place after the completion of the discovery process and prior to trial. If the insurance company refuses to provide a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, the case may go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident case. It is the point at which your attorney and the negligent insurance company of the driver exchange information that can support or undermine your claim. Your attorney will request documents that can support your case, such as police reports, medical bills or work-related loss records (e.g., from your employer showing the amount of time you were absent from work because of the accident) photographs of your vehicle and any injuries or damages and other financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories, requests for production and Accident Attorney requests for admissions to interview witnesses and other parties who aren't present in the case.

These written discovery tools are exchanged between attorneys on both sides. They give the opposing side an opportunity to reply to questions in writing, that must be sworn to under oath, and to supply copies of specific 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, the at-fault party's lawyer will ask you several questions, and your answers will be recorded on video or transcribing by a court reporter.

These pretrial investigation procedures are designed to assist your lawyer build a compelling argument against the person at fault and their insurer to obtain a fair settlement for all your losses, injuries as well as losses, expenses and costs. There is no guarantee of a settlement in each case however, the majority of them occur during or after the investigation process, which usually completed before the trial.

4. Trial

The majority of car accidents settle through negotiations outside of court If you and the insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, your case may go to trial. A trial is an official proceeding where both parties present their arguments and evidence to a factfinder who makes an decision on how to resolve the dispute. In personal injury cases the factfinder usually a jury.

During the trial the lawyer will present your version of events in opening statements to the jury along with any supporting evidence you may have, such as pictures or videos of accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You can also offer testimony regarding your memory of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The lawyer of the defendant may interrogate witnesses and object to the admissibility of certain evidence.

At trial, the jury has to determine if the plaintiff's injuries were the result of the defendant's negligence. They will examine proximate cause which is a complex legal concept that lawyers will spend many hours studying during law school. Proximate cause looks at the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. This is another complicated issue because it is contingent on the severity of your injuries and the extent of your losses. Your attorney will present your evidence which includes expert witness testimony about the severity of your injuries, your lost income and future earnings potential as well as your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Every state has a legal deadline, known as the statute of limitations, where you have to settle your claim or bring a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you may be required to file a vehicle accident lawsuit in the court. It can be costly and time-consuming, but this is usually required to obtain compensation.

During this process during this process, 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 will attend hearings. Your lawyer will also make legal filings, also known as motions, requesting the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout this process. A lot of car accident civil disputes are settled before trial is required.

If they believe that your claim is solid and you are willing to go to trial, insurance companies will make an honest settlement offer. Additionally, the settlement process is more efficient and less risky for them than a trial.

It is essential to fully understand the extent of your injuries prior to agreeing to the settlement. You should also have completed all medical treatment. You could be denied additional compensation if settling the settlement until your physician has concluded that you have reached the point of maximum improvement. Don't sign the release until you've met with your lawyer and received an understanding of all losses. Your lawyer will ensure that you don't lose out on valuable compensation. They will go through your medical records, and other documentation to ensure that you receive all of the compensation you're entitled to.