The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount of money you need for your injuries, our determined lawyers will draft a formal demand letter. This will include all of your economic damages including medical expenses and lost wages, as well as non-economic damages, like suffering and pain.

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

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is the most important aspect to obtain compensation for your losses and injuries. The gathering of evidence is one of the first steps of the litigation process. it involves collecting documents, photographs, witness testimony and official reports, such as police reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually transpired in the accident, including the position of both vehicles after impact, skid marks road debris and other physical evidence. Note down the names and contact information of any witnesses who were present to witness what transpired. Having witnesses testify that corroborate your account of the events is essential particularly since it can be common for drivers to have contradictory accounts of what happened that can lead to insurance companies refusing to accept the claim, or even deny responsibility completely.

Other evidence forms your lawyer might use include medical records, which may include receipts, bills, diagnosis reports, lab results, discharge instructions and other evidence that demonstrates the severity of your injuries. You should get these records as soon as you can, and also provide copies to your healthcare providers.

Another form of evidence your attorney might employ is a deposition which is a non-court-issued testimony that is given under oath and transcribed by a court reporter. Your lawyer can use the testimony to establish that your injuries had an immediate and obvious connection to the accident which can help justify compensation for your damages. Although the majority of the above kinds of evidence can be gathered at the accident scene or shortly afterward, some of them may not be accessible until later in the litigation process. This is the reason it's essential to consult a highly-credentialed car accident lawyer as soon as you can so that they can begin investigating when the evidence is in its most pure form.

2. How to file a complaint

After the dust has settled and you've treated 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 to file a complaint with court, which lists the specific claims that you're bringing and how much money you are seeking in damages. This type of document is typically drafted by an attorney and filed in the court. It will also be given to the defendant.

The discovery phase starts, allowing both parties to share information regarding their claims and defenses. The process can take a long time, and both teams will require a thorough review of documents like police reports and witness statements. They might also need to examine medical records, bills, and other documents. Each side may require interrogatories. These are a set of questions that each party must answer under oath by a predetermined deadline.

In this phase, your lawyer will also collaborate with doctors to gather an accurate picture of your injuries and the impact they've caused on your life. Your attorney will calculate the total damages. This will include past and upcoming medical expenses including lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer might be able to reach a settlement with the at-fault driver's insurance company. This is more likely to occur following discovery and prior to trial. If the insurance company does not agree to an equitable settlement, or if your losses are significant and are not covered by insurance, then you might need to go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit in which your attorney and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will ask for copies of the documents that support your case, including police reports, medical bills as well as work loss records (e.g. documents from your employer showing the amount of time you were absent from work because of the accident) photos of your vehicle as well as any damages or injuries, and other relevant financial information. Your lawyer will also make use of documents for discovery in writing, such as interrogatories or requests for production as well as request for admissions to question witnesses and accident other parties that are not present in the case.

These documents are exchanged between attorneys on both sides. They give the opposing party a chance to respond to questions in writing, which must be answered under oath, and to provide copies of specific documents or other information that could be helpful to your case.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident, as well as anyone with information regarding your injuries or damages that could be relevant to your case. In a deposition, the lawyer representing the at-fault party will ask you questions and your answers will 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 get an equitable settlement for all your losses, injuries as well as losses, expenses and costs. There is no guarantee of a settlement in every case however the majority of cases do so during or after the investigation process, which is typically concluded prior to the trial.

4. Trial

While the vast majority of car accident cases settle through out-of-court negotiations If you and the insurance company are not in agreement about who is to blame or the amount of compensation you are entitled to for your injuries, your case may go to trial. A trial is a formal procedure where both sides present arguments and evidence to a factfinder who makes a ruling that settles the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will be able to provide your version of the events in opening statements to the jury, and any supporting evidence you have, including photos or video of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You may also offer your testimony regarding your memory of the incident and how it affected your life. Expert witnesses can also testify to support your assertions. The lawyer for the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

At trial, the jury has to decide whether the plaintiff's injuries were the result of the defendant's negligence. They will examine the proximate cause, a complicated legal concept that law students spend hours studying. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. This is another complicated issue, as it depends on how severe your injuries are and the extent of your losses. Your lawyer will present evidence that includes expert testimony about the severity of injuries loss of income, accident future earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Each state has a deadline that you must meet to settle your claim or bring a lawsuit. This is known as the statute of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you may need to file a car gallatin accident law firm lawsuit in the court. It can be expensive and time-consuming. However, it is often necessary to seek compensation.

During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where each side exchanges information with the other). Your lawyer will also file legal documents, referred to as motions that ask the court for specific things such as excluding certain types of evidence in trial. Settlement negotiations can go on throughout the entire process, and a lot of car accident civil disputes end before a trial needs to be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is strong and that you'll be willing to go to trial. Additionally settlement is quicker and less risky for them than a trial.

Before you agree to the settlement, it's important to understand the extent of your injuries and completed all medical treatment. You may not receive additional compensation if you sign a settlement until your doctor has confirmed that you have achieved the level of medical improvement that is the highest. It is also important not to sign a settlement agreement before you have spoken to your lawyer about the damages. Your lawyer will make sure that you don't miss 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 damages you are entitled to.