The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official letter of demand if the insurance company refuses to pay you the amount you require for your injuries. The letter will outline all of your economic losses like medical expenses and lost wages, as well as non-economic damages like discomfort and pain.

Then a judge or jury will 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 essential to receive compensation for your injuries and losses. Collecting evidence is one the first 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 in the collision, including the location of both cars following the impact, skid marks, road debris and other evidence that is physical. Also, note the names and contact details of any eyewitnesses who witnessed what happened. It is crucial to have witnesses confirm the events were actually happening, as it may often be the case that drivers provide contradictory accounts that lead to insurance companies refusing or denial of the liability.

Other evidence that your lawyer could utilize include medical records, which can include bills, receipts and diagnosis reports, laboratory results, discharge instructions, and other documents that show the extent of your injuries. It is important to obtain these records as soon as possible and ensure that you give copies to your medical professionals.

A deposition is another form of evidence your lawyer can use. This is an out-of the court testimony that is under oath, which is then recorded by a Court Reporter. The lawyer can use the testimony to prove the fact that your injuries had an immediate and predicable connection to the accident, which helps justify requesting compensation for your injuries. Although the majority of the above types of evidence are obtained at the scene or within a short time after however, some evidence may not be available until later in the litigation process. This is why it's vital to speak with a well-credentialed lawyer for car accidents as soon as possible, so that they can begin the investigation while the crucial evidence is in its most pure form.

2. The process of filing a complaint

After the dust has settled and you have tended to your injuries, it's time to seek out legal counsel from an expert. A car accident attorney will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.

The first step is filing an application with the court. This document will outline your specific claims as well as the amount you wish to recover in damages. The document is usually drafted by your attorney, and then filed with the court and then served on the defendant.

This also initiates the discovery phase, which allows both sides to exchange information and evidence related to their defenses and claims. The process can take a considerable duration and both teams will require a thorough review of documents including police reports and witness statements. They might also need to examine medical documents as well as bills and other documents. Both sides can request interrogatories. These are a series questions that the other side has to answer under oath in a specified time frame.

In this phase, your lawyer will also collaborate with doctors to gather 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 future and past medical expenses, lost earnings, pain and suffering and much more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver at fault. It is likely to be the case following the completion of discovery, but before trial. However, if the insurance company refuses to provide a fair settlement or if you have incurred substantial damages that aren't covered by the insurance policy, the case may go to trial. A judge or jury will make a final decision in the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that could support or damage your claim. Your attorney will request copies of the documents that support your case. This includes police reports medical bills, work loss records from your employer (showing the amount of time you've missed due to the accident) photographs of your vehicle damaged or injured as well as other financial data. Your attorney will also make use of documents for discovery in writing, such as interrogatories, Accident Lawsuit requests for production and requests for admissions in order to question witnesses and parties who aren't present in the case.

These tools for writing discovery are exchanged between attorneys from both sides. The written discovery tools provide the other side an opportunity to respond to questions in writing that need to be answered under oath. It also allows you to provide copies of other information that could be helpful to you.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the collision, as well as any person who has information about your injuries or damages that could be relevant to your case. In a deposition, the lawyer for the person who is at fault will ask you various questions, and your answers will be recorded on video, or transcribed by a court reporter.

The goal of these pretrial investigation processes is to allow your lawyer to create a strong and compelling case to the at-fault party and their insurer in order that you are able to secure a full and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case, but the majority of them will settle during or following the investigation process, which usually completed prior to the trial.

4. Trial

Trials are possible in cases where you and the insurance company are not in agreement on the source of your fault or the amount of compensation you are entitled to for your injuries. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder, who makes a ruling that settles the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any evidence supporting it, such as photos or videos of the scene of the accident witness testimony, statements from witnesses and medical professionals, as well as documents such police reports and bills. You may also testify about your personal memories of the incident, and how it impacted your life. Expert witnesses can also provide evidence to back up your assertions. The lawyer for the defendant can cross-examine witnesses and object to the admissibility or validity of certain evidence.

At trial, the jury will decide if the plaintiff's injuries were the result of the negligence of the defendant. They will be examining proximate causes, a complicated legal concept that lawyers will spend many hours studying during law school. Proximate cause considers how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury must also decide the amount of damages you are entitled to. It's a difficult issue due to the severity of your injuries and the amount to which you've suffered. Your lawyer will present evidence which includes expert testimony about the severity of injuries as well as lost income and future earning potential, as well your pain and suffering as well as impairment.

5. Settlement

Each state sets a legal deadline, known as the statute of limitations, by which you must settle your claim or start a lawsuit. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, then you might require filing a car accident lawsuit in court. It is costly and time-consuming, but this is often necessary to seek compensation.

During this procedure the Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and will attend hearings. Your attorney will also prepare legal documents, also known as motions, requesting the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are settled prior to a trial.

If they believe that your claim is solid and you are willing to go to trial insurance companies will make a fair settlement offer. Additionally, the settlement process is quicker and less risky for them than a trial.

Before agreeing to the settlement, it's important that you fully understand the severity of your injuries. You must also have completed all medical treatments. It is possible to lose additional compensation if you agree to a settlement until your doctor has concluded that you have reached the level of medical improvement that is the highest. Additionally, you should not sign an agreement until you have talked to your lawyer and received an accurate understanding of your losses. Your lawyer will ensure that you don't miss out on a substantial amount of compensation. They will scrutinize your medical records, and other documentation to ensure that you receive all damages you are entitled to.