The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter if the insurance company refuses to pay the amount you're entitled to for your injuries. This will list all your economic damages including medical expenses and lost wages, and non-economic damages, like pain and suffering.

A judge or jury will then come to a decision. If they rule in your favor, they will award you damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident it is essential to prove negligence to receiving compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports, including police reports and other official reports.

Your attorney might be able to establish what happened in the incident by taking photographs of the scene, which include skid marks or road debris, as well as other physical evidence. Also, take note of the names and contact numbers of any eyewitnesses who witnessed what transpired. Witnesses that testify to support your account of events is important, especially since it can be common for drivers to have contradictory accounts of what happened that leads to insurance companies refusing to accept the claim, or even deny responsibility altogether.

Medical records can also be used by your lawyer to prove the severity of your injuries. These documents may include bills, receipts as well as lab results, diagnosis reports, discharge directions and other documentation. You should seek these documents as soon as is possible and ensure that you provide copies to your healthcare providers.

Another form of evidence that your attorney might use is a deposition, which is a non-court-issued testimony that is given under oath and recorded by a court reporter. Your lawyer can use the testimony to establish the fact that your injuries had an immediate and obvious connection to the accident attorney, which helps justify requesting compensation for your losses. Most of the evidence discussed above can be gathered at the scene of the accident or soon after, but some may not be available until much later in the legal process. This is why it's important to talk to a reputable car accident lawyer as soon as possible, so that they can begin the investigation as evidence is in its most pure form.

2. Making a complaint

After the dust has settled, and you've taken care of your injuries, you should seek legal advice from an expert. A car accident lawyer can provide you with the knowledge to maximize your compensation.

The first step is to file an application with the court. It will describe your specific claims and the amount of money you'd like to claim in damages. This type of document is typically drafted by an attorney and then filed in the court. It is also served to the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can be lengthy and requires both parties to examine a variety of documents, including police reports as well as witness statements, medical records, bills and more. Each side is able to request interrogatories. These are a set of questions that the other side must answer under oath within the timeframe specified.

In this phase, your lawyer will also work with medical professionals to ensure they have a complete picture of the severity of your injuries as well as the impact they have had on your daily life. Your attorney will calculate the total damages you have suffered, which will include future and past medical expenses and lost earnings, as well as pain and suffering and much more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver at fault. It is likely to occur after the completion of discovery and before trial. However, if the insurance company is unable to settle the claim in a fair manner or if you've sustained significant damages that are 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 the evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and the negligent insurer of the driver exchange information that can support or damage your claim. Your attorney will ask for copies of the documents supporting your case, including medical bills, police reports, work loss records (e.g. the records from your employer that outlines how much time you missed work due to the accident) photographs of your vehicle as well as any damage or injuries or other pertinent financial information. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

These written discovery tools are distributed back and forth between the attorneys for both sides. Written discovery tools allow the other side an opportunity to answer questions in writing which must be sworn to under oath, and to provide copies or other information that could be useful to you.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident and also anyone who has information about your injuries or damages that could be relevant to your case. During a deposition the lawyer representing the party at fault will ask you questions, and your answers could be recorded on video by a court reporter or transcribed.

The purpose of these pre-trial investigation procedures is to enable your lawyer to present an argument that is persuasive and strong to the responsible party and their insurer so that you are able to secure an adequate and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases will settle, the majority do at the end of or following the discovery process, which is often be completed before the case reaches trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations however, if you and your insurance company do not agree on who is at fault or the amount of compensation you are entitled to for your injuries, the case may go to trial. A trial is a formal process where both sides submit arguments and evidence to a factfinder who issues a decision that settles the issue. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the accident scene, testimony from witnesses and medical professionals, documents like police reports and bills. You can also testify regarding your memory of the incident and how it impacted your life. Expert witnesses can also testify to support your claims. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of evidence.

In a trial, the jury will decide if the plaintiff's injuries were caused by the negligence of the defendant. They will be looking at proximate causes, a complex legal concept that law students have to spend hours studying. Proximate cause considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine how much damages you will be awarded. This is another complicated issue depending on the severity of your injuries and the severity of your losses. Your attorney will present evidence including expert testimony regarding the severity of your injuries, lost income and future earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Every state has a deadline that you must meet to settle your claim or bring an action. This is known as the statute of limitations. If your lawyer is not able to come to a deal with the insurance company, you may be required to start a lawsuit in the courtroom. This could be a lengthy process and costly, however it is often necessary to pursue compensation.

During this procedure during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and be present at hearings. Your lawyer will also file legal documents called motions to ask the court to consider excluding certain types of evidence during trial. Settlement negotiations may continue throughout this process. A lot of civil disputes are settled before trial is required.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is legitimate and that you are willing to take the case to trial. Settlement is quicker and less risky than a court trial.

Before settling on the settlement, it's important that you fully understand the extent of your injuries and that you have completed all medical treatments. You could be denied additional compensation if you accept a settlement until your doctor has determined that you have reached the maximum level of improvement in your medical condition. It is also important not to sign a contract before you have consulted with your lawyer about the damages. Your lawyer will ensure that you don't lose out on valuable compensation. They will review your medical records and other documentation to ensure that you are entitled to all damages for which you qualify.