The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter if an insurance company refuses to pay the amount you require for your injuries. This will include all of the economic losses you have suffered, such as medical bills and lost wages, and other damages that are not economic, like pain and suffering.

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

1. Gathering Evidence

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

Your attorney may be able to determine what happened in the accident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Also, note the names and contact details of any eyewitnesses who witnessed what happened. It is important to have witnesses to verify the events that took place, as it can often happen that drivers offer contradictory information that can lead to insurance companies denying or refusing responsibility.

Other forms of evidence your lawyer may use include medical records. These could include receipts, bills diagnose reports, lab results, discharge instructions and other evidence that proves the extent of your injuries. You should get these records as soon as you can, and also provide copies to your medical professionals.

Depositions are another form of evidence your lawyer can use. It's an out-of the court testimony that is under oath, which is then translated by a court reporter. Your lawyer may use the testimony to establish that your injuries have an immediate and clear connection to the accident which can help justify compensation for your losses. While the majority of the above types of evidence are taken at the scene of the accident or soon afterward but some of the evidence might not be accessible until later in the litigation process. This is the reason it's essential to speak with a well-credentialed lawyer for car accidents as soon as possible, so that they can begin investigating while vital evidence is still in its most pure form.

2. How to file a complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal advice from a professional. A lawyer for car accidents will provide the knowledge and expertise to help you get the most compensation for your claim.

The first step is to file an application with the court. It will describe your specific claims and the amount you'd like to recover in damages. This form is usually prepared by an attorney and filed in the court. It will also be served on the defendant.

This also triggers the discovery phase which allows both parties to exchange information and evidence related to their defenses and claims. The process can take a long duration and both teams will require a thorough review of documents like police reports and witness statements. They might also have to look at medical documents and bills as well as other documents. Each side can request interrogatories. These are a set of questions that the other side has to answer under oath in the timeframe specified.

In this phase, accidents your lawyer will also work closely with doctors to gather a full picture of your injuries and the impact that they've affected your life. Your attorney will calculate the total damages you have suffered, which will include the past and future medical costs, lost earnings, suffering and pain and much more.

Sometimes, your lawyer might be able to reach an agreement with the at fault driver's insurance company. This is more likely to occur following discovery, but before trial. If the insurance company refuses a fair settlement or if the damage is important and not covered by insurance, then you might be required to appear in court. A judge or accidents jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident where your lawyer and the negligent driver's insurance company exchange information that could aid or hinder your claim. Your attorney will seek copies of all documents that support your case. These include police reports, medical bills and work loss documents from your employer (showing the amount of time you've missed because of the accident) photos of your vehicle, any injuries or damages, and other financial information. Your attorney may also employ written discovery tools such as interrogatories, requests for production and requests for admissions to interview witnesses and parties who are not present in the case.

These written discovery tools are used to exchange information between attorneys on both sides. They provide the opposing party the opportunity to answer questions in writing, which need to be answered under oath and to supply copies of certain documents or other information that could be useful to your case.

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

The purpose of these pretrial investigation processes is to allow your lawyer to present a strong and compelling case to the responsible party and their insurer so that you can receive an equitable and fair settlement for your losses, injuries and expenses. While there is no guarantee that all cases will settle however, the majority of cases settle either during or after the discovery process, which is often be completed before your case is brought to trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations, if you and the 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 be heard in a trial. A trial is a formal process where both sides present arguments and evidence to a factfinder, who makes a decision which settles the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence like photos or videos of the scene, testimony from witnesses and medical professionals, or documents like police reports and bills. You may also testify about your personal memories of the incident and how it affected your life. Expert witnesses will also provide evidence to back up your claims. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of certain 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 the proximate causes, which is a complicated legal concept that law students spend hours studying. Proximate cause examines how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. It's also a complicated issue due to the severity of your injuries and the extent to which you have suffered. Your lawyer will present evidence including expert witness testimony about the severity of your injuries, your loss of income, as well as future earnings potential in addition to your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state sets a legal deadline, known as the statute of limitations in which you must settle your claim or make a claim. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you might have to file a car accident lawsuit in court. This could be a lengthy process and costly, but it is usually required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a process formal where both sides exchange information with the other). Your attorney will also make legal filings, also known as motions, asking the court to take actions like exclude certain types of evidence from trial. Settlement negotiations can continue throughout this process, and many civil disputes arising from car accidents end before a trial has to be held.

If they feel that your injury claim is legitimate and you are willing to go to trial, insurance companies will make an appropriate settlement offer. In addition the settlement process is more efficient and less risky for them than a trial.

It is essential to fully comprehend your injuries before you agree to the settlement. You should also have completed all medical treatment. You could lose out on additional compensation if you accept the settlement until your physician has confirmed that you have achieved the maximum level of improvement in your medical condition. You should also not sign a release until you have spoken to your lawyer about your injuries. Your lawyer will ensure you don't lose out on the valuable compensation. They will go through your medical records, and other documents, to ensure that you are entitled to all damages you are entitled to.