The First Steps in Car Accident Litigation

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

Then a jury or judge will take a call. If they decide in your favor, you will be awarded damages, and the defendant must pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is key to obtaining 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, like police reports, and other official reports.

Your lawyer might be able to determine the circumstances of the accident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Record the names and contact details of any witnesses who witnessed what happened. It is essential that witnesses to verify the events that were actually happening, as it may often be the case that drivers provide contradictory stories that lead to insurance companies refusing to accept or deny liability.

Other types of evidence your lawyer might use include medical records, which could include receipts, bills diagnostic reports, lab results, discharge instructions, and other evidence that demonstrates the severity of your injuries. You should get these records as quickly as you can and give copies to your healthcare providers.

Another type of evidence that your attorney might employ is a deposition which is an out-of court testimony delivered under oath and transcribed by a court reporter. Your lawyer may use the testimony to prove that your injuries have had an immediate and clear connection to the crash and, therefore, can justify the need for compensation for your damages. Although the majority of the above types of evidence can be collected at the scene of the accident or shortly thereafter, some of them may not be available until later in the litigation process. This is why it's crucial to speak with a well-credentialed lawyer for car accidents as soon as you can, so they can begin investigating while vital evidence is still in its most pure form.

2. How to file a complaint

After the dust has settled and you've taken care of your injuries, it's time to seek expert legal advice. A lawyer for car accidents can provide the expertise needed to help you obtain maximum compensation for your claim.

The first step is to file a complaint with court, which details the specific claims that you are making and the amount you're seeking in damages. The document is usually drafted by your attorney, and then filed with the court and served on the defendant.

It also kicks off the discovery phase that allows both sides to exchange information and evidence that is related to their claims and defenses. The process can take a long time, and both teams will need to review a lot of documents including police reports and witness statements. They might also need to review medical documents as well as bills and accident lawsuit other documents. Each side is able to request interrogatories. These are a series of questions that the other side has to answer under oath in the timeframe specified.

In this phase, your lawyer will also work closely with doctors to gather the full picture of your injuries and the impact that they've affected your life. Your attorney will then calculate your total damages that will include future and past medical expenses as well as lost earnings, suffering and pain, and more.

Sometimes, your lawyer might be able to reach an agreement with the responsible driver's insurance company. This is more likely to happen after discovery and before the trial. However, if the insurance company refuses to provide a fair settlement or if you've suffered significant damages that are not covered by the insurance policy, your case could be referred to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and negligent driver's insurer exchange information that can support or derail your claim. Your attorney will ask for copies of the documents supporting your case, such as medical bills, police reports, work loss records (e.g., from your employer showing the amount of time you were absent from work because of the accident) photos of your vehicle and any damage or injuries and other financial information. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to inquire into parties and witnesses who are not present.

These tools for discovery in writing are distributed back and forth between attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, which need to be sworn to under oath, and to supply copies of certain documents and other information which could be beneficial to your case.

Your Long Island car accident lawyer will also depose witnesses to the accident as well as anyone who has information about your injuries or damages that could be relevant to your case. During a deposition at-fault party's lawyer will ask you a series of questions, and your answers will be recorded on video, or transcribed by a court reporter.

These pretrial investigation procedures are designed to assist your lawyer create a compelling case against the person who is at fault and their insurer to negotiate an equitable settlement for all your losses, injuries, expenses and losses. There is no assurance of a settlement in every case however the majority of them do so after or during the investigation process, which is often completed before the trial.

4. Trial

Although the majority of car accident cases settle through negotiations outside of court, if you and the insurance company do not agree on who is at fault or the amount you should receive for your injuries, the case may be heard in a trial. A trial is an official process where both parties present their arguments and evidence to the factfinder, who makes an decision on how to resolve the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any supporting evidence, such as photos or videos of the scene witness testimony, statements from witnesses and medical professionals, documents like 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 claims. The defendant's lawyer can cross-examine the witnesses and object to the admissibility of evidence.

The jury will decide at trial whether the plaintiff's harm was the result of the defendant's negligent conduct. They will examine proximate cause, a complicated legal concept that lawyers have to spend many hours studying in law school. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. This is another complicated issue due to how severe your injuries are and the extent of your losses. Your lawyer will present evidence which includes expert testimony from a witness regarding the severity of your injuries, the loss of income, and future earnings potential, as well as your suffering and pain, disfigurement, and accident lawsuit impairment.

5. Settlement

Every state has a deadline by which you can settle your claim or file an action. This is referred to as the statutes of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you may be required to file a vehicle accident lawsuit in the court. It can be time-consuming and expensive, but it is often necessary to pursue compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where both sides exchange information with one another). Your attorney will also prepare legal documents, also known as motions, requesting the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout this process. A lot of car accident law firms civil disputes are resolved prior to a trial.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and that you'll be willing to take the case to trial. The settlement process is also faster and less risky compared to an in-court trial.

It is crucial to be aware of your injuries prior to committing to an agreement. You should also have completed all medical treatment. If you settle prior to your doctor determining that you have reached the maximum medical improvement (MMI), you could be denied additional compensation. Don't sign the release until you've spoken with your lawyer and gained full understanding of your losses. Your lawyer will ensure that you do not get a poor deal on compensation. They will scrutinize your medical records and other documents, to ensure that you are entitled to all of the compensation you're entitled to.