The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter in the event that the insurance company refuses to pay you the amount you're entitled to for your injuries. This letter will provide a detailed description of your financial damages such as medical expenses and lost wages, as in addition to non-economic damages like discomfort and pain.

A judge or jury will then make a ruling. If they come to a decision in your favor you will be awarded damages. In addition, the defendant is required to pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident could aid your lawyer in determining what happened during the crash, including the position of both vehicles after impact, skid marks road debris, and other physical evidence. Also, note the names and contact information of any witnesses who witnessed what occurred. It is important to have witnesses who can confirm the events that occurred, as it can often be the case that drivers provide contradictory statements that result in insurance companies refusing or denying liability.

Medical records can also be utilized by your lawyer to demonstrate the extent of your injury. These documents may include bills, receipts and lab results, diagnose reports, discharge directions and other records. You should get these records as quickly as you can and send copies to your healthcare professionals.

A deposition is yet another type of evidence that your attorney might make use of. It is a non-in court testimony under oath and later transcribing by a Court Reporter. The lawyer can utilize the testimony to prove that your injuries had an immediate and predicable connection to the accident which can help justify the compensation you deserve for your damages. Most of the evidence discussed above is available at the scene of the accident or shortly afterwards however some evidence may not be available until later in the litigation. This is why it's vital to speak with a well-credentialed car accident lawyer as soon as possible so that they can begin investigating when the evidence is in its purest form.

2. Making a Complaint

After the dust has cleared and you've taken care of your injuries, seek legal advice from an expert. A car accident lawyer can give you the experience to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims that you are making and the amount you are seeking in damages. This type of document is typically drafted by an attorney and then filed in the court. It is also served on the defendant.

The discovery phase begins by allowing both parties to share information about their defenses and claims. The process can be very long and requires both sides to review many documents, including police reports and witness statements medical records, invoices and much more. Each side may request interrogatories. These are a set of questions which the other side must answer under oath in the specified timeframe.

In this stage the lawyer will work with doctors to ensure that they have a complete understanding of the severity of your injuries as well as the impact they've affected your daily routine. Your attorney will then calculate your total damages including future and past medical expenses loss of earnings, suffering and pain, and more.

Your lawyer may be able come to a settlement agreement with the insurance company of the driver at fault. This is most likely to be the case following the completion of the discovery process and prior to trial. If the insurance company is unable to offer a fair settlement or if you have incurred significant damage that is not covered by the insurance policy, the case may move forward to trial. A jury or judge will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit in which your attorney and the insurance company of the negligent driver company exchange information that may aid or hinder your claim. Your attorney will request copies of documents that support your case. These include police reports medical bills, as well as work loss documents from your employer (showing how much time you've missed because of the accident), photos of your vehicle and any damages or injuries as well as other financial data. Your attorney will also use written discovery tools, such as interrogatories and requests for production, as well as requests for admissions to question witnesses and parties who aren't present in the case.

These written discovery tools are sent back and forth between the attorneys from both sides. They provide the opposing party a chance to respond to questions in writing, which have to be answered under oath, and to supply copies of certain documents or other information that could be useful to your case.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the collision as well as anyone who has information about your injuries or damages that could be important to your case. During 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.

The pretrial investigation process is designed to help your lawyer create a compelling case against the person who is at fault and their insurer to negotiate a fair settlement for all of your injuries as well as losses, expenses and costs. While there is no assurance that all cases will settle however, the majority settles during or after the discovery process, which may be completed before your trial.

4. Trial

The majority of car accident cases are settled through informal negotiations, if you and the insurance company do not agree on who is at fault or the amount of compensation you should receive for your injuries, the case may be heard in a trial. A trial is a formal process where both sides present arguments and evidence to a factfinder who issues a decision that resolves the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will provide your version of the events in opening statements to the jury, together with any evidence you have, such as images or videos of the accident scene, testimony from bystanders and medical professionals, as well as documents like police reports and medical bills. You may also testify on your memory of the incident, and how it affected your life. Expert witnesses will also provide evidence to support your claims. The lawyer for the defendant can cross-examine witnesses and challenge to admissibility of some evidence.

The jury will determine at trial whether the plaintiff's injury was the result of the defendant's negligence. They will be looking at the proximate causality, a nebulous legal concept that law students will spend hours studying. Proximate causes considers how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. It's also a complicated matter because it is based on the extent of your injuries and the extent to which you've suffered. Your attorney will provide evidence that includes expert testimony regarding the severity of injuries as well as lost income and future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Every state has a time limit 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 successful in negotiating a reasonable settlement with the insurance company, you might need to file a car accident lawsuit in the court. It can be costly and time-consuming, however it is usually required to obtain compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a process formal where each side exchanges information with each other). Your lawyer will also file legal documents known as motions that ask the court for things like not allowing certain types of evidence during trial. Settlement negotiations may continue throughout this process. A majority of car accident civil disputes are settled before trial is required.

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

It is important to fully understand your injuries prior to committing to the settlement. You must also have completed all medical treatment. You could be denied additional compensation if you agree to the settlement before your doctor has determined that you have attained the point of maximum improvement. Also, you should not sign a settlement agreement before you have spoken to your lawyer about your injuries. Your attorney will ensure that you do not lose out on the valuable compensation. They will carefully examine your medical records and other evidence to ensure that you receive the full amount of damages to that you are eligible.