The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount of money you need for your injuries, our tenacious attorneys will prepare a formal demand letter. This letter will provide a detailed description of your financial damages such as medical expenses and lost wages, as and non-economic losses such as pain and Accident Lawyer discomfort.

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

1. Gathering Evidence

In a case of a car crash lawsuit, proving the negligence and liability is the most important aspect to obtain compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports, like police reports, and other official reports.

Photographs of the scene of the accident may aid your lawyer in determining what actually happened in the collision, including the location of both cars after impact, skid marks, road debris and other physical evidence. Record the names and contact information of any witnesses who were present to witness what happened. It is crucial that witnesses who can confirm the events that were actually happening, as it may often happen that drivers provide contradictory accounts that lead to insurance companies denying or refusing liability.

Other forms of evidence your lawyer could use include medical records. These could include receipts, bills and diagnosis reports, laboratory results, discharge guidelines, and other evidence that proves the extent of your injuries. You should get these records as soon as you can and give copies to your healthcare providers.

Another type of evidence that your attorney may employ is a deposition which is an out-of-court testimonies given under oath and recorded by a court reporter. Your lawyer could use this evidence to prove your injuries had a direct, foreseeable link to the accident. This is a good argument to support requesting compensation. Most of the evidence discussed above can be obtained at the scene of the crash or shortly after however some evidence may not be available until later in the litigation. This is the reason it's essential to speak with a well-credentialed car accident lawyer as soon as you can so that they can begin investigating while the crucial evidence is in its purest form.

2. Making a complaint

Once the dust has settled and you've treated your injuries, it's the time to seek legal advice from a professional. A car accident lawyer can give you the experience to maximize your compensation.

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

This also triggers the discovery phase that allows both sides to exchange information and documents related to their defenses and claims. The process can be very long and requires both parties to go through a myriad of documents including police reports witnesses' statements, police reports and medical records, as well as bills and more. Both sides can request interrogatories. They are a set of questions which the other side must answer under oath within the specified timeframe.

In this stage the lawyer will work with medical professionals to ensure they have a complete understanding of the severity of your injuries as well as the impact they have affected your daily routine. Your lawyer will determine the total damages. This will include future and past medical expenses, lost wages, the pain and suffering of others, and many more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver who is at fault. It is likely to occur after the completion of the discovery process and prior to trial. If the insurance company refuses a fair settlement, or if your losses are substantial and not covered by insurance, then you might be required to appear in court. A jury or judge will make a final decision in the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. This is the time when your attorney and the negligent insurer for the driver exchange information that can support or hurt your claim. Your attorney will ask for copies of the documents that support your case, including medical bills, police reports and work loss records (e.g. documents from your employer indicating how long you missed work due to the accident) photographs of your vehicle and any injuries or damages, and other relevant financial information. Your attorney could also make use of written discovery tools, such as interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.

These discovery tools written in writing are circulated back and forth between attorneys for both sides. They provide the opposing party an opportunity to reply to questions in writing, which have to be sworn to in oath and to provide copies of certain documents or other information which could be beneficial to your case.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident and also any person who has information about your injuries or damages that could be pertinent to your case. In a deposition, the at-fault party's lawyer will ask you an array of questions and your answers will be recorded on video or transcribed by a court reporter.

The goal of these pretrial investigation processes is to allow your lawyer to build an argument that is persuasive and strong to the responsible party and their insurer in order that you are able to secure an adequate and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case however, the majority of cases do so after or during the investigation process, which is typically concluded prior to the trial.

4. Trial

Trials can be arranged in situations when you and the insurance company disagree on fault or the amount of compensation you should receive for your injuries. A trial is an official proceeding where both parties present their arguments and evidence to an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases the factfinder is usually a jury.

During the trial your lawyer will give your account of the events in your opening statements to the jury together with any evidence that you have, like photos or video of the accident scene, witness testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You can also testify regarding your personal memories of the incident, and how it impacted your life. Expert witnesses can also provide testimony to support your claims. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of certain evidence.

In a trial, the jury must decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will look at proximate cause which is a complex legal concept that lawyers have to spend many hours studying during law school. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you will be awarded. It's also a complex issue due to the extent of your injuries and the extent to which you've suffered. Your lawyer will provide evidence which includes 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

Each state sets a legal deadline, also known as the statute of limitations where you have to settle your claim or make a claim. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you could require filing a car accident lawsuit in court. It's costly and time-consuming, but this is often necessary to get compensation.

During this procedure the Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and also attend hearings. Your lawyer will also prepare legal documents, also known as motions, asking the court to take actions like excluding certain types of evidence from trial. Settlement negotiations may continue throughout the entire process, and most civil disputes arising out of car accidents will end before a trial has to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is solid and that you are willing to take the case to trial. The settlement process is also more efficient and less risky than a court trial.

It is essential to be aware of the extent of your injuries prior to agreeing to a settlement. You must have completed all medical treatments. If you agree to a settlement before your doctor accident lawyer has determined that you have reached maximum medical improvement (MMI) it is possible to not be eligible for additional compensation. Additionally, you should not sign the release until you've spoken with your lawyer and had full understanding of your losses. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will go through your medical records as well as other documents to ensure that you receive all the compensation you're entitled to.