The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal letter of demand if the insurance company refuses to pay the amount you require for your injuries. It will detail all your financial losses, such as medical bills and lost wages, as well as non-economic damages like pain and suffering.

Then, a judge or jury will decide. If they rule in your favor, they will make you a victim and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit that involves a car accident, proving negligence is crucial to receiving compensation for your injuries. Gathering evidence is among the initial steps in the litigation process, and it involves gathering documents, photographs, witness testimony and official reports such as police reports.

Photographs of the scene of the accident might aid your lawyer in determining what actually transpired during the accident, including the position of both vehicles after impact, skid marks, road debris and other physical evidence. Note down the names and contact numbers of any witnesses who saw what transpired. It is crucial to have witnesses to verify the events that took place, as it can often be the case that drivers will give contradictory information that can lead to insurance companies denying or refusing the responsibility.

Other forms of evidence your lawyer may use include medical records, which may include bills, receipts, diagnosis reports, lab results, discharge instructions, and other documents that show the severity of your injuries. You should obtain these records as soon as possible and be sure to send copies to your healthcare professionals.

Another type of evidence your lawyer could make use of is a deposition which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. Your lawyer may utilize the testimony to prove that your injuries have had an immediate and predicable connection to the crash which can help justify compensation for your injuries. The majority of the evidence mentioned above is available at the site of the accident or shortly afterwards however some evidence may not be available until later in the legal process. It is crucial to contact an attorney in the case of a car crash with the appropriate credentials immediately to begin an investigation as evidence is in its purest form.

2. Filing a Complaint

After the dust has settled, and you've taken care of your injuries, you need to seek legal advice from an expert. A lawyer for car accidents will be able to provide the expert advice you require 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 that you are making and how much money you're seeking in damages. The document is usually written by an attorney and filed in the court. It will also be served to the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a long time and both teams will require a thorough review of documents including police reports and witness statements. They might also have to examine medical records as well as bills and other documents. Each side may require interrogatories. These are a series of questions the other party must answer under oath by a predetermined timeframe.

In this phase, your lawyer will also collaborate with doctors to gather a full picture of your injuries and the impact they've had on your life. Your lawyer will calculate your total damages. This will include future and past medical expenses, lost wages, pain and suffering and more.

Sometimes, your lawyer may be able to reach a settlement with the at-fault driver's insurance company. This is likely to occur after the completion of the discovery process and prior to trial. If the insurance company does not agree to a fair settlement, or accident if the damage is important and not covered by insurance, then you might have to go to trial. A jury or judge will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. This is the time when your attorney and negligent insurer of the driver exchange information that can support or hurt your claim. Your attorney will request copies of documents to support your claim. This includes police reports as well as medical bills and work loss records from your employer (showing the amount of time you were absent due to the accident) photos of your vehicle and any damages or injuries and financial information. Your attorney can also make use of tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These tools for discovery are exchanged between attorneys on both sides. The written discovery tools provide the opposing side a chance to respond to questions in writing that need to be answered under oath. They also ask you to provide copies or other information that could be helpful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding your injuries or damages which could be important to your case. During a deposition, the lawyer of the at-fault person will ask you questions, and your answers will be recorded on video by a court reporter or transcribing.

These pretrial investigation procedures are designed to assist your lawyer construct a compelling argument against the person at fault and their insurance company in order to negotiate an equitable settlement for all your injuries or losses, as well as expenses. There is no guarantee of a settlement in every case but most occur during or after the investigation process, which is typically completed prior to the trial.

4. Trial

Trials are a possibility in situations when you and the insurance company are not in agreement about who is at fault or the amount of compensation you should receive for your injuries. A trial is a formal proceeding where both sides submit arguments and evidence to a factfinder, who issues a decision that resolves the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it, such as photos or videos of the scene of the accident or testimony from witnesses, medical professionals, or documents like police reports and bills. You may also offer your testimony regarding your memories of the incident and how it changed your life. Expert witnesses can also give evidence to support your claims. The lawyer representing the defendant can cross-examine the witnesses and object to the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's injuries was caused by the defendant's negligent conduct. They will look at proximate cause, a complicated legal concept that lawyers spend countless hours studying in law school. Proximate cause examines the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury must also decide how much compensation you will be awarded. This is a thorny issue depending on how severe your injuries are and the severity of your losses. Your lawyer will present your evidence that includes expert witness testimony regarding the severity of your injuries, your lost income and future earnings potential, as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state has a specific deadline that you must meet to resolve your claim or file an action. This is referred to as the statute of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you might require filing a car accident lawsuit in the court. It is costly and time-consuming, however it is often necessary to get compensation.

During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure in which each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents known as motions to ask the court for specific things such as the exclusion of certain types of evidence during trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are resolved before a trial is necessary.

If they feel that your injury claim is solid and that you are willing to go to trial the insurance company will offer an honest settlement offer. Settlement is faster and less risky compared to the court trial.

Before agreeing to a settlement, it is important to understand the severity of your injuries and have completed all medical treatments. If you agree to a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) then you could miss out on additional compensation. Additionally, you should not sign a release until you've talked to your lawyer and gained a complete understanding of your damages. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will look over your medical records and other documentation to ensure that you are entitled to all of the damages for which you qualify.