The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if an insurance company refuses to pay the amount you need to cover your injuries. The letter will outline all of your economic damages such as medical expenses and lost wages, as in addition to non-economic damages like pain and discomfort.

Then a judge or jury will make a decision. If they come to a decision in your favor, you will be awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is key to obtaining compensation for your injuries and losses. Gathering evidence is one of the initial steps in the litigation process, and it requires gathering documents including photographs, witness statements and official reports such as police reports.

Photographs of the scene of the accident might help your attorney establish what actually transpired during the accident, including the position of both cars following the impact, skid marks road debris and other evidence that is physical. Also, note the names and contact information of any witnesses who were present at the incident. It is crucial that witnesses who can confirm the events that took place, since it can often happen that drivers give contradictory statements that result in insurance companies denying or refusing the liability.

Other types of evidence your lawyer could use include medical records. These could include receipts, bills diagnostic reports, lab results, discharge instructions, and other evidence that demonstrates the severity of your injuries. You should get these records as soon as possible and give copies to your healthcare providers.

Another type of evidence your attorney could employ is a deposition which is an out-of-court testimonies given under oath and transcribed by a court reporter. Your lawyer may use the testimony to establish that your injuries have had a direct and foreseeable connection to the accident and can be used to justify compensation for your losses. While most of the above-mentioned types of evidence are gathered at the accident scene or shortly afterward however, some evidence may not be available until later in the litigation process. This is why it's crucial to consult a highly-credentialed car accident lawyer as soon as you can, so they can begin the investigation as evidence is in its purest form.

2. Filing a complaint

After the dust has settled and you've taken care of your injuries, it's best to seek legal advice from an expert. A car accident attorney can provide the expertise needed to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint with court, which details the specific claims that you're making and how much money you're seeking in damages. The document is usually drafted by your lawyer and filed with the court and served on the defendant.

The discovery phase begins with both parties able to exchange information about their claims and defenses. The process can take a considerable time, and both teams will be required to examine a large number of documents including police reports and witness statements. They may also have to review medical records or bills, as well as other documents. Each side can request interrogatories, which are a series of questions that the other party must answer under oath by a predetermined time frame.

In this phase, your lawyer will also collaborate with doctors to get an accurate picture of your injuries as well as the impact that they've affected your life. Your lawyer will then estimate the total damages you have suffered including the past and future medical costs and lost earnings, as well as pain and suffering and much more.

Sometimes, your lawyer may be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely to occur after discovery and prior to trial. However, if the insurance company is unable to offer a fair settlement or if you've incurred substantial damages that aren't covered by the insurance policy, your case could be referred to trial. A jury or judge will make a decision in the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit, where your attorney and the insurance company exchange information that could assist or derail your claim. Your attorney will ask for documents that can support your case, such as medical bills, police reports as well as work loss records (e.g. documents from your employer which reveals how long you missed work due to the accident), photographs of your vehicle as well as any injuries or damage or other pertinent financial information. Your lawyer will also make use of written discovery tools such as interrogatories or requests for production as well as requests for admissions to interview witnesses and other parties that aren't present in the case.

These tools for discovery in writing are circulated back and forth between attorneys for both sides. They give the opposing party a chance to respond to questions in writing, which must be answered under oath, and to supply copies of certain documents or other data that may be relevant to your case.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident and also anyone who has information about your injuries or damage that could be crucial to your case. In a deposition, the lawyer representing the person 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 at-fault person and their insurer in order to get a fair settlement for all of your damages and losses, costs and expenses. While there is no guarantee that all cases settle, the majority do at the end of or following the discovery process, which may be completed before your case goes to trial.

4. Trial

While the vast majority of car accident cases settle through negotiations outside of court however, if you and your insurance company disagree about fault or how much compensation you are entitled to for your injuries, your case may go to trial. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder, who makes a ruling which settles the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will be able to 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 people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You may also testify about your personal memories of the incident, and how it affected your life. Expert witnesses can also give testimony to support your assertions. The lawyer for the defendant can interrogate witnesses and object to admissibility of some evidence.

In a trial, jurors must decide whether the plaintiff's injuries were caused by the defendant's negligence. They will be looking at proximate causes, a complex legal concept that law students spend hours studying. Proximate cause considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury must also determine how much damages you will be awarded. It's also a complex issue due to the extent of your injuries and the amount to which you've suffered. Your attorney will provide evidence including expert testimony regarding the severity of your injuries as well as lost income and future earnings potential, accident as also your suffering and impairment.

5. Settlement

Each state has a deadline that you must meet to settle your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you could need to file a car accident lawsuit in court. It's costly and time-consuming, but it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which both sides exchange information with the other). Your attorney will also make legal filings, also known as motions, which ask the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout the process, and a lot of car accident civil disputes end before a trial can be held.

If they believe that your injury claim is legitimate and you are willing to go to trial insurance companies will make an acceptable settlement offer. Settlement is more efficient and less risky than the court trial.

Before settling the settlement, it's important that you fully understand the severity of your injuries. You must also have completed all medical treatment. If you agree to a settlement before your doctor determines that you have reached your maximum medical improvement (MMI), you could be denied additional compensation. Don't sign a settlement agreement before you've spoken with your lawyer about your injuries. Your lawyer will make sure that you do not be denied compensation that is valuable. They will review your medical records, as well as other documents, accident to ensure that you receive all of the damages for which you qualify.