The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if the insurance company is unable to pay the amount you need for your injuries. It will detail all your financial losses including medical expenses and lost wages, and other damages that are not economic, like suffering 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 must pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving the negligence and liability is key to obtaining compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports like police reports and other official reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually transpired during the collision, including the positions of both cars following the impact, skid marks, road debris and other physical evidence. Also, accidents keep track of the names and contact numbers of any eyewitnesses who witnessed the incident. Witnesses that testify to support your version of what happened is crucial especially as it can be common for drivers to have contradictory stories of what happened. This causes insurance companies to refuse to accept the claim or denying responsibility completely.

Other types of evidence your lawyer could use include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge guidelines, and other documentation that demonstrate the severity of your injuries. It is important to obtain these records as soon as you can and give copies to your healthcare professionals.

A deposition is a different type of evidence that your attorney may employ. This is an out-of the court testimony that is under oath, which is then translated by a court reporter. The lawyer can use the testimony to establish that your injuries have had an immediate and clear connection to the accident and, therefore, can justify the need for compensation for your losses. The majority of the evidence listed above is available at the site of the accident or within a short time however some evidence may not be available until later in the litigation. This is why it's important to contact a reputable lawyer for car accidents as soon as possible so that they can begin investigating when the evidence is in its most pure form.

2. Making a Complaint

Once the dust has settled and you have tended to your injuries, it's the time to seek out legal counsel from an expert. An attorney for car accidents can provide the necessary expertise to ensure that you receive maximum compensation for your claim.

The first step is filing an application with the court. It will describe your specific claims as well as the amount of money you'd like to recover in damages. The complaint is typically written by your lawyer and filed with the court and served to the defendant.

This also initiates the discovery phase that allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can take a considerable time and both teams may need to review a lot of documents, including police records and witness statements. They might also need to review medical documents, bills, and other documents. Each side can request interrogatories, which are a set of questions that each party must answer under oath within a specified deadline.

Throughout this stage, your lawyer will also work with doctors to ensure they have a complete picture of the severity of your injuries as well as the impact they have affected your daily routine. Your attorney will calculate your total damages. This will include future and past medical expenses, lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer could be able to negotiate 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 doesn't agree to a fair settlement, or if the damage is significant and not covered by insurance, then you could need to go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial step in any car accident case. This is when your attorney and the negligent insurer for the driver exchange information that can support or derail your claim. Your attorney will seek copies of all documents that support your case. These include police reports as well as medical bills and work loss documents from your employer (showing the amount of time you missed due to the accident) photos of your vehicle and any damages or injuries as well as other financial data. Your lawyer will also make use of documents for discovery in writing, such as interrogatories or requests for production as well as request for admissions to question witnesses and parties who are not present in the case.

These tools for writing discovery are exchanged between attorneys on both sides. The written discovery tools provide the other side an opportunity to respond to questions in writing that must be sworn to under oath, and to provide copies or other information that might be useful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding your injuries or damages that could be crucial to your case. During a deposition, the lawyer representing the party at fault will ask you questions and your answers are recorded on video by the court reporter or translated.

The goal of these pretrial investigation processes is to help your lawyer to construct an effective and convincing argument to the responsible party and their insurer, so that you can secure a full and fair settlement for your injuries, losses and expenses. Although there is no assurance that all cases will settle, the majority do in the course of or following the discovery process, which can often be completed before your case is brought to trial.

4. Trial

Although the majority of car accidents settle through out-of-court negotiations, if you and the insurance company disagree about fault or the amount you are entitled to for your injuries, the case may go to trial. A trial is a formal process where both parties present arguments and evidence before a factfinder who makes an announcement to settle the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will present your version of events in your opening statements to the jury as well as any other evidence you may have, such as pictures or videos of accident scene, testimony from witnesses and medical professionals, as well as documents such as police reports and medical bills. You can also give your testimony regarding your memories of the incident and how it had an impact on your life. Expert witnesses will also provide evidence to support your claims. The defendant's lawyer can interrogate witnesses and object to the admissibility of certain evidence.

The jury will decide at trial if the plaintiff's injury was the result of the defendant's negligent conduct. They will be looking at the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate causes focuses on 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 are entitled to. This is a thorny issue, as it depends on how severe your injuries are and the severity of your losses. Your attorney will provide evidence that includes expert testimony about the severity of injuries that resulted in loss of income and earning potential, as well as your suffering and impairment.

5. Settlement

Every state has a deadline by which you can settle your claim or bring an action. This is known as the statutes of limitations. If your lawyer can't reach a settlement with the insurer, you could be required to start a lawsuit in the courtroom. It's costly and time-consuming, however 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 procedure that is formal in which each side exchanges information with the other). Your lawyer will also file legal documents, referred to as motions that ask the court for certain things, such as not allowing certain types of evidence in trial. Settlement negotiations can continue throughout the process, and many civil disputes arising from car accidents end before a trial is required to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you are willing to take the case to trial. Settlements are faster and less risky compared to a court trial.

Before settling an agreement, it's important that you fully understand the extent of your injuries and have completed all medical treatments. It is possible to lose additional compensation if you agree to the settlement before your doctor has determined that you have reached the level of medical improvement that is the highest. It is also important not to sign a settlement agreement before you've spoken with your lawyer regarding your damages. Your lawyer will ensure you do not be denied compensation that is valuable. They will carefully review your medical records as well as other documents to ensure that you receive the entire amount of damages for which you are eligible.