The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount you require for your injuries, accident our determined attorneys will prepare an official demand letter. The letter will list all of your economic damages such as medical expenses and lost wages, as also non-economic damages such as discomfort and pain.

A jury or judge will then make a decision. If they decide in your favor you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is key to obtaining compensation for your losses and injuries. Gathering evidence is among the first steps in the litigation process, and it involves gathering evidence, documents such as 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 happened in the accident, including the position of both cars after collision, skid marks, road debris, and other physical evidence. Also, keep track of the names and contact information of any eyewitnesses who witnessed what happened. Having witnesses testify that corroborate your version of events is important as it could be common for drivers to have conflicting stories of what happened. This results in insurance companies refusing to accept the claim, or even deny the responsibility completely.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injuries. These documents may include bills, receipts as well as lab results, diagnosis reports, discharge instructions and other records. It is essential to get these records as quickly as you can and give copies to your healthcare professionals.

Another form of evidence that your attorney may utilize is a deposition, which is an out-of court testimony delivered under oath and Accident transcribed by a court reporter. Your lawyer could utilize the testimony to prove that your injuries have an immediate and obvious connection to the accident which can help justify compensation for your injuries. While the majority of the above types of evidence are gathered at the accident scene or shortly afterward, some of it might not be available until later in the litigation process. This is the reason it's essential to talk to a reputable car accident lawyer as soon as possible so that they can begin investigating while vital evidence is still in its purest form.

2. Making a Complaint

When the dust has cleared and you have tended to your injuries, it's the time to seek professional legal advice. A car accident attorney can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is filing an application with the court. The complaint will detail your specific claims as well as the amount of money you wish to recover in damages. The complaint is typically written by your attorney, and then filed with the court and served to the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and evidence related to their claims and defenses. The process can take a considerable duration and both teams will have to look over a variety of documents, including police reports and witness statements. They might also have to examine medical documents or bills, as well as other documents. Each side may request interrogatories. They are a set of questions which the other side has to answer under oath in a specified time frame.

In this phase your lawyer will collaborate with medical professionals to ensure they have a complete picture of the extent of your injuries and the impact they've had on your daily life. Your lawyer will then calculate the total damages you have suffered that include the past and future medical costs loss of earnings, pain and suffering, and more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver who is at fault. It is likely to be the case following the completion of discovery and before 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 could go to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit where your lawyer and the negligent driver's insurance company exchange information that may support or damage your claim. Your attorney will request copies of the documents supporting your case, such as police reports, medical bills or work-related loss records (e.g. the records from your employer which reveals how much time you missed work because of the accident), photographs of your vehicle and any injuries or damage as well as other financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to inquire into parties and witnesses who are not present.

These discovery tools written in writing are distributed back and forth between the attorneys for both sides. The written discovery tools give the other side an opportunity to answer questions in writing that must be sworn to under oath, and to provide copies of other information which could be useful to you.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the accident and also anyone who has information about your injuries or damages that could be important to your case. During a deposition, the lawyer representing the party at fault will ask you questions and your responses will be recorded on video by the court reporter or translated.

The purpose of these pre-trial investigation procedures is to allow your lawyer to construct a strong and compelling case to the at-fault party and their insurer, so that you can receive an equitable and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case however, most occur during or after the investigation process, which is often done prior to trial.

4. Trial

Although the majority of car accident cases settle through out-of-court negotiations, if you and the insurance company do not agree on who is at fault or the amount you are entitled to for your injuries, your case could go to trial. A trial is a formal process in which both parties argue and present evidence to a factfinder who makes a decision on how to settle the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will provide your version of the events in opening statements to the jury, along with any supporting evidence that you have, like photos or video of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents like medical bills and police reports. You may also testify on your memories of the incident and how it impacted your life. Expert witnesses will also provide testimony to support your assertions. The attorney for the defendant can interrogate witnesses and contest the admissibility of specific evidence.

In a trial, jurors must determine if the plaintiff's injuries were caused by the defendant's negligence. They will consider proximate causes, a complex legal concept that law students have to spend hours studying. Proximate cause considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. It's also a complex matter because it is based on the severity of your injuries as well as the extent to which you have suffered. Your lawyer will present evidence including expert testimony from a witness regarding the severity of your injuries, your loss of income, as well as future earnings potential in addition to your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state has a specific deadline that you must meet to resolve your claim or file an action. This is known as the statute of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you might require filing a car accident lawsuit in court. This could be a lengthy process and costly, but it is often necessary to pursue compensation.

During this procedure, your Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and be present at hearings. Your lawyer will also submit legal documents, referred to as motions, which ask the court to do things like excluding certain types of evidence from trial. Settlement negotiations can be ongoing throughout the process, and most car accident civil disputes end before a trial has to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is strong and that you'll be willing to take the case to trial. The settlement process is also more efficient and less risky than a court trial.

It is important to understand the extent of your injuries prior to agreeing to an agreement. It is also important to have completed all medical treatments. If you sign a settlement prior to your doctor determining that you have reached the maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. You should also not sign a release until you've spoken with your lawyer about your injuries. Your lawyer will ensure you do not get a poor deal on compensation. They will carefully examine your medical records and other documents to ensure that you receive the entire amount of damages for which you are eligible.