The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount you need to cover your injuries, our persistent lawyers will draft an official demand letter. The letter will outline all of your financial damages such as medical costs and lost wages, as also non-economic damages like pain and discomfort.

A judge or jury will then take a call. If they rule in your favor they will give you damages and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is key to obtaining compensation for your losses and injuries. 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 might aid your lawyer in determining what actually transpired in the crash, including the position of both cars after collision, skid marks, road debris, and other physical evidence. Note down the names and contact details of any witnesses who witnessed what transpired. It is crucial to have witnesses who can confirm the events that took place, since it can often be the case that drivers will give contradictory statements that result in insurance companies refusing or denial of responsibility.

Medical records can also be utilized by your lawyer in order to prove the extent of your injury. They could include bills, receipts laboratory results, diagnosis reports, discharge guidelines and other forms of documentation. You should seek these records as soon as possible, and make sure to send copies to your medical professionals.

A deposition is a different type of evidence your lawyer can use. It is a non-in the court testimony that is under oath, which is then translated by a court reporter. Your lawyer can make use of this testimony to prove your injuries were an immediate, obvious connection to the accident. This will help justify the need for compensation. While the majority of the above kinds of evidence can be obtained at the scene or shortly afterward however, some evidence may not be accessible until later in the litigation process. This is why it's important to consult a highly-credentialed lawyer for car accidents as soon as you can so that they can begin an investigation as evidence is 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 professional legal advice. A car accident attorney can provide the necessary expertise to help you get the most compensation for your claim.

The first step is filing a complaint with the court. This will outline your specific claims and the amount of money you wish to recover in damages. This document is typically drafted by your attorney, and then filed with the court, and then served to the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can be long and requires both parties to review many documents, including police reports as well as witness statements medical records, bills and much more. Both sides can request interrogatories. These are a series of questions which the other side has to answer under oath in an agreed upon timeframe.

In this phase, your lawyer will also collaborate with doctors to gather an accurate picture of your injuries as well as the impact that they've caused on your life. Your lawyer will determine the total damages. This includes future and past medical expenses, lost wages, pain and suffering and more.

Sometimes, your lawyer might be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely to happen after discovery and before the trial. However, if the insurance company is unable to offer a fair settlement or if you've sustained significant damages that are not covered by the insurance policy, your case could go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit in which your attorney and the insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of documents to support your claim. This includes police reports as well as medical bills and work loss documents from your employer (showing how much time you've missed due to the accident) photos of your vehicle and any damages or injuries and other financial details. Your attorney will also use documents for discovery in writing, such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and parties who are not present in the case.

These documents are shared between attorneys on both sides. Written discovery tools allow the opposing party a chance to answer questions in writing that must be sworn to under oath, and to provide copies or other information that might be helpful to you.

Your Long Island car accident attorney will also interview witnesses and anyone who has information regarding your injuries or damages which could be essential to your case. During a deposition, your lawyer of the at-fault person will ask you questions, and your answers will be recorded on video by a court reporter or transcribing.

These pretrial investigation procedures are designed to help your lawyer develop a convincing case against the responsible party and their insurance company in order to get an equitable settlement for all of your injuries, expenses and losses. There is no guarantee of a settlement in each case but the majority of cases do so after or during the investigation process, which is typically completed prior to the trial.

4. Trial

Although the 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 you are entitled to for your injuries, your case could be heard in a trial. A trial is a formal process in which both parties present arguments and evidence before an impartial factfinder who takes an decision on how to resolve the dispute. In personal injury cases the factfinder is typically a jury.

During the trial the lawyer will give your account of the events in your opening statements to the jury, as well as any other evidence you have, including photographs or videos of the accident scene, testimony from witnesses and medical professionals, and documents like police reports and medical bills. You may also testify about your memory of the incident and how it affected your life. Expert witnesses can also offer evidence to support your assertions. The lawyer for the defendant can cross-examine the witnesses and object to the admissibility of certain evidence.

The jury will decide at trial if the plaintiff's injury was the result of the defendant's negligent behavior. They will consider the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury is also required to determine how much damages you're entitled to. This is a thorny issue because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will present your evidence which includes expert witness testimony about the severity of your injuries, the loss of income and future earnings potential in addition to your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state has a specific legal deadline, referred to as the statute of limitations, in which you must settle your claim or start a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you could require filing a car accident lawsuit in court. It can be expensive and time-consuming, but it is often required to seek compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal process in which each party exchanges information with the other side) and attend hearings. Your attorney will also prepare legal documents, also known as motions, requesting the court to do things such as excluding certain types evidence from trial. Settlement negotiations can continue throughout this process. A majority of car accident civil disputes are resolved before a trial is necessary.

If they believe that your claim is solid and you are willing to go to trial the insurance company will offer an honest settlement offer. Additionally, the settlement process is faster and less risky than a trial.

Before settling on a settlement, it is important that you fully understand the severity of your injuries and have completed all medical treatment. You could be denied additional compensation if settling the settlement until your physician has determined that you have attained the level of medical improvement that is the highest. Don't sign a settlement agreement before you have spoken with your lawyer about your damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will scrutinize your medical records as well as other documents, to ensure that you receive all damages that you are entitled to.