The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official letter of demand if the insurance company refuses to provide you with the amount you're entitled to for your injuries. This will include all of your economic damages such as medical bills and lost wages, as well as non-economic damages like suffering and pain.

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

1. Gathering Evidence

In a lawsuit involving an automobile accident, proving negligence is vital to receive compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports including police reports and other official reports.

Photographs of the scene of the accident could aid your lawyer in determining what happened during the collision, including the location of both vehicles after impact, skid marks, road debris, and other physical evidence. Also, keep track of the names and contact details of any eyewitnesses who saw what happened. It is crucial that witnesses confirm the events took place, as it can often happen that drivers will give contradictory stories that lead to insurance companies refusing or denying the liability.

Medical records can also be used by your lawyer to demonstrate the severity of your injuries. They could include receipts, bills as well as lab results, diagnosis reports, discharge directions and other documents. You should obtain these records as soon as possible, and make sure to provide copies to your medical professionals.

Depositions are another form of evidence that your attorney can employ. This is an out-of court testimony under oath, and then recorded by a Court Reporter. Your lawyer may use the testimony to establish that your injuries have had a direct and accident lawsuit foreseeable connection to the accident which can help justify compensation for your injuries. While most of the above-mentioned kinds of evidence can be gathered at the accident attorneys scene or within a short time after but some of the evidence might not be available until later in the litigation process. It is essential to contact an attorney in the case of a car crash with the appropriate credentials immediately to start an investigation while the evidence is in its purest form.

2. Filing a Complaint

Once the dust has sunk and you have tended to your injuries, it's the time to seek legal advice from a professional. A lawyer for car accidents can offer you the knowledge to maximize your compensation.

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'd like to claim in damages. This document is typically drafted by your attorney, and then filed with the court and served to the defendant.

This also begins the discovery phase which allows both sides to exchange information and documents related to their claims and defenses. The process can take a long time and both teams may need to review a lot of documents including police reports and witness statements. They may also have to examine medical records as well as bills and other documents. Each side may require interrogatories. These are a series of questions that each party must answer under oath within a specified date.

In this phase, your lawyer will also work closely with medical professionals to obtain a full picture of your injuries as well as the impact that they've had on your life. Your attorney will calculate your total damages. This will include any future medical expenses including lost wages, suffering and pain, and much more.

Sometimes, your lawyer could be able to reach an agreement with the responsible driver's insurance company. This is more likely to happen after discovery and prior to trial. If the insurance company doesn't agree to a fair settlement, or if the damages are significant and not covered by insurance, then you may have to go to trial. A jury or judge will make a decision on the case based on the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit in which your attorney and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will ask for copies of the documents supporting your case, including medical bills, police reports as well as work loss records (e.g. the records from your employer showing the amount of time you were absent from work because of the accident) photographs of your vehicle, any damage or injuries, and other relevant financial information. Your attorney will also use written discovery tools, such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties that aren't present in the case.

These discovery tools written in writing are circulated back and forth between the attorneys of both sides. Written discovery tools allow the other side an opportunity to respond to questions in writing, which must be answered under oath and to provide copies of other information which could be helpful to you.

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

The goal of these pre-trial investigation procedures is to allow your lawyer to create an argument that is persuasive and strong against the at-fault party as well as their insurer, so that you are able to secure a fair and complete settlement for your losses, injuries and expenses. While there is no guarantee that every case will settle but the majority settle either during or after the discovery process, which can be completed before your case goes to trial.

4. Trial

The majority of car accidents settle through negotiations outside of court If you and the insurance company disagree about fault or the amount of compensation you should receive for your injuries, your case may go to trial. A trial is a formal process in which both parties present arguments and evidence before the factfinder, who makes a decision to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will provide your version of the events in opening statements to the jury along with any supporting evidence you have, including photographs or videos of the accident law firms scene, testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You may also testify about your personal memories of the incident and how it affected your life. Expert witnesses can also testify to back your assertions. The defendant's attorney can cross-examine witnesses and challenge the admissibility of specific evidence.

The jury will decide during trial whether the plaintiff's injury was caused by the defendant's negligent conduct. They will look at the proximate causality, a nebulous legal concept that law students will spend hours studying. Proximate causes 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're entitled to. This is another complicated issue depending on how severe your injuries are and the extent of your losses. Your lawyer will present evidence including expert testimony regarding the severity of injuries that resulted in loss of income and earnings potential, as also your pain and suffering as well as impairment.

5. Settlement

Every state has a legal deadline, known as the statute of limitations in which you must settle your claim or bring a lawsuit. If your lawyer can't negotiate a settlement with the insurer, you could be required to bring a lawsuit to court. This could be a lengthy process and costly, but it is often required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where each side exchanges information with one another). Your attorney will also submit legal documents, referred to as motions, which ask the court to do things such as excluding certain types evidence from trial. Settlement negotiations can continue throughout this process, and many civil disputes in car accidents settle before a trial is required 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 go to trial. In addition, the settlement process is quicker and less risky for them than a trial.

Before settling on a settlement, it is important that you fully understand the extent of your injuries. You must also have completed all medical treatments. It is possible to lose additional compensation if you accept the settlement before your doctor has determined that you have attained the point of maximum improvement. Don't sign a release before you have spoken to your lawyer about your injuries. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will go through your medical records and other documentation to ensure that you receive all damages that you are entitled to.