The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter if the insurance company is unable to pay the amount you require for your injuries. This will outline all 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 then make a decision. If they come to a decision in your favor, you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is key to obtaining compensation for your injuries and losses. Gathering evidence is one of the first steps in the process of litigation, and it requires gathering documents such as photographs, witness testimony as well as official reports like police reports.

Photographs of the scene of the accident can aid your lawyer in determining what actually happened 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 numbers of any witnesses who saw what transpired. It is crucial that witnesses corroborate the events that occurred, as it can often happen that drivers offer contradictory statements that result in insurance companies refusing to accept or deny the responsibility.

Other forms of evidence your lawyer may use include medical records, which may include bills, receipts diagnostic reports, lab results, discharge instructions and other evidence that proves the extent of your injuries. You should get these documents as soon as you can and ensure that you send copies to your healthcare providers.

A deposition is another form of evidence your lawyer may use. It is a non-in court testimony given under oath, which is then recorded by a Court Reporter. Your lawyer can use the testimony to establish that your injuries have an immediate and clear connection to the accident and can be used to justify compensation for your injuries. Although the majority of the above types of evidence can be gathered at the accident scene or soon afterward but some of the evidence might not be accessible until later in the litigation process. This is why it's important to talk to a reputable car accident lawyer as soon as you can so that they can begin an investigation as evidence is in its purest form.

2. Making a complaint

After the dust has settled and you've taken care of your injuries, it's time to seek expert legal advice. A car accident attorney can provide the necessary expertise to help you get the most compensation for accident your claim.

The first step is to file a complaint with the court. The complaint will detail your specific claims and the amount you want to recover in damages. This form is usually prepared by an attorney, and filed in court. It is also served on the defendant.

The discovery phase begins and allows both parties to exchange information about their claims and defenses. The process can be long and requires both sides to look over a number of documents, including police reports witnesses' statements, police reports medical records, bills and more. Both sides can request interrogatories. These are a series of questions that the other side has to answer under oath in an agreed upon timeframe.

Throughout this process your lawyer will work with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your attorney will calculate your total damages. This will include any future medical expenses and lost wages, as well as suffering and pain, and much more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver who is at the fault. This is more likely following discovery, but before trial. If the insurance company is unable to provide a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, your case may go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit where your lawyer and the negligent driver's insurance company exchange information that could help or hurt your claim. Your attorney will ask for copies of the documents supporting your case, such as police reports, medical bills and work loss records (e.g., from your employer indicating the amount of time you were absent from work because of the accident) photographs of your car and any damages or injuries or other pertinent financial information. Your attorney may also use documents for discovery in writing, such as interrogatories and requests for production to inquire about witnesses and other parties who are not present.

The written discovery tools are circulated back and forth between the attorneys from both sides. They give the opposing side an opportunity to reply to questions in writing, which have to be sworn to under oath, and to provide copies of certain documents or other information that could be helpful to your case.

Your Long Island car accident lawyer will also depose people who are witnesses to the accident lawsuits and also anyone with information regarding your injuries or damages that could be important to your case. In a deposition, the lawyer representing the party at fault will ask you questions and your responses will either be recorded on video by a court reporter or transcribing.

The purpose of these pretrial investigation processes is to help your lawyer to present an argument that is convincing and persuasive to the at-fault party and their insurer, so that you are able to secure a fair and complete settlement for your losses, injuries and expenses. While there is no assurance that all cases will settle however, the majority settles in the course of or following the discovery process, which can often be completed before the case reaches trial.

4. Trial

While the vast majority of car accident cases settle through out-of-court negotiations however, if you and your insurance company aren't in agreement on the cause 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 renders a verdict that settles the issue. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will provide your version of the events in your opening statements to the jury along with any supporting evidence you have, including images or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You can also testify about your memories of the incident and how it affected your life. Expert witnesses can also provide evidence to back up your assertions. The lawyer for the defendant can cross-examine the witnesses and object to the admissibility or validity of certain evidence.

The jury will decide in the trial if the plaintiff's injury was the result of the defendant's negligent behavior. They will consider proximate cause which is a complex legal concept that lawyers will spend many hours studying in law school. Proximate cause examines the relationship between the defendant's actions and the plaintiff's injuries.

A jury is also required to decide how much compensation you're entitled to. This is another complicated issue because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will provide evidence which includes expert testimony about the severity of your injuries loss of income, future earnings potential, as also your pain and suffering and impairment.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations, in which you must settle your claim or make a claim. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you may require filing a car accident lawsuit in the court. It's costly and time-consuming, however it is often necessary to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where both sides exchange information with each other). Your attorney will also prepare legal documents, also known as motions, asking the court to do things such as excluding certain types evidence from trial. Settlement negotiations can go on throughout the entire process, and most car accident civil disputes end before a trial has to be held.

If they feel that your injury claim is solid and you are willing to go to trial insurance companies will make an acceptable settlement offer. Additionally, settlement is quicker and less risky than a trial.

Before settling on an agreement, it's crucial to fully comprehend the severity of your injuries and that you have completed all medical treatments. If you agree to a settlement before your doctor determines that you have reached your maximum medical improvement (MMI) then you could miss out on additional compensation. You should also not sign a release until you've met with your lawyer and received full understanding of your losses. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will carefully examine your medical records as well as other documents to make sure that you receive the total amount of damages to which you are eligible.