The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount you need to cover your injuries, our tenacious attorneys will prepare an official demand letter. This will list all the economic losses you have suffered, such as medical bills and lost wages, as well as non-economic damages, like pain and suffering.

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

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is the most important aspect to obtain compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports like police reports, and other official reports.

Photographs of the scene of the accident could assist your attorney in determining what actually happened in the accident, including the position of both vehicles after collision, skid marks, road debris, and other physical evidence. Take down the names and contact numbers of any eyewitnesses that witnessed what transpired. Having witnesses testify that corroborate your account of what transpired is vital, especially since it can be common for drivers to have conflicting versions of what transpired, which can lead to insurance companies refusing to accept the claim, or even deny responsibility altogether.

Other forms of evidence your lawyer could utilize include medical records. These could include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other documents that show the extent of your injuries. You should get these documents as soon as is possible and be sure to provide copies to your healthcare professionals.

Another form of evidence your lawyer could employ is a deposition which is out-of-court testimony given under oath that is then transcribing by a court reporter. Your lawyer may use the testimony to prove that your injuries had an immediate and predicable connection to the accident and, therefore, can justify the need for compensation for your losses. Most of the evidence discussed above can be obtained at the site of the accident or soon after but some of it may not be available until much later in the legal process. It is crucial to contact a lawyer for car accidents with the right credentials immediately so that they can begin an investigation as evidence is in its most natural form.

2. The process of filing a complaint

Once the dust has settled and you've treated your injuries, it's time to seek expert legal advice. A car accident attorney can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims you are making and the amount of money you are seeking in damages. The document is usually written by an attorney, and filed in the court. It is also served to the defendant.

This also initiates the discovery phase which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can take a considerable time, and both teams will require a thorough review of documents, including police records and witness statements. They may also have to review medical documents or bills, as well as other documents. Each side can require interrogatories. These are a series of questions which the other party must answer under oath within a specified deadline.

In this phase, your lawyer will also work closely with doctors to get a full picture of your injuries and the impact they've affected your life. Your lawyer will determine your total damages. This will include past and upcoming medical expenses, 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 occur following discovery, but before trial. However, if the insurance company is unable to provide a fair settlement or if you've incurred significant damages that are not covered by the insurance policy, your case may move forward to trial. A jury or judge will make a decision in the case based on the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit where your lawyer and the insurance company exchange information that could assist or derail your claim. Your attorney will ask for copies of the documents supporting your case, including medical bills, police reports or accident lawsuit work-related loss records (e.g. documents from your employer showing the amount of time you were absent from work because of the accident attorneys) photographs of your vehicle, any damage or injuries or other pertinent financial information. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to question witnesses and other parties who are not present.

The written discovery tools are distributed back and forth between the attorneys from both sides. The written discovery tools give the opposing side a chance to answer questions in writing that must be sworn to under oath, and to provide copies or other information which could be useful to you.

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

These pre-trial investigation procedures are designed to help your lawyer develop a convincing case against the person who is at fault and their insurance company in order to get an equitable settlement for all of your injuries as well as losses, expenses and costs. There is no guarantee of a settlement in every case, but the majority of them do so during or after the investigation process, which is usually done prior to trial.

4. Trial

Trials are a possibility in situations where you and the insurance company are not in agreement on fault or the amount you should be awarded for your injuries. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder, who makes a decision that resolves 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 your opening statements to the jury, together with any evidence you have, such as photos or video of the accident scene, witness testimony from witnesses and medical professionals, as well as documents such as police reports and medical bills. You may also offer your testimony about your memories of the incident and how it affected your life. Expert witnesses can also offer evidence to back up your claims. The defendant's lawyer can interrogate witnesses and object to the admissibility of evidence.

The jury will decide during trial whether the plaintiff's harm was caused by the defendant's negligent conduct. They will consider proximate causes, a complex legal concept that law students spend hours studying. Proximate cause looks at how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you should receive. 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 attorney will present your evidence which includes expert witness testimony about the severity of your injuries, the loss of income, and future earnings potential as well as your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Every state has a deadline by which you can settle your claim, or even file an action. This is known as the statutes of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you might need to file a car accident lawsuit in the court. This can be time consuming and expensive, but it is often necessary to pursue compensation.

During this procedure you and your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and be present at hearings. Your lawyer will also file legal documents known as motions to request the court for specific things such as not allowing certain types of evidence during trial. Settlement negotiations may continue throughout the entire process, and most civil disputes arising out of car accidents will end before a trial has to be held.

If they believe that your claim is solid and that you are willing to go to trial, insurance companies will make a fair settlement offer. Settlements are faster and less risky compared to an in-court trial.

Before settling on an agreement, it's essential to be aware of the extent of your injuries. You must also have completed all medical treatments. If you settle before your doctor has determined that you have reached maximum medical improvement (MMI) it is possible to not be eligible for additional compensation. You should also not sign a release before you have consulted with your lawyer regarding your damages. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully review your medical records and other documentation to make sure that you receive the total amount of damages for that you are eligible.