The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal letter of demand if the insurance company is unable to pay the amount you're entitled to for your injuries. This letter will detail all of your financial damages like medical expenses and lost wages, as and non-economic losses such as discomfort and pain.

Then a jury or judge will decide. If they rule to your advantage, you will be awarded damages, and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence is essential in obtaining compensation for your injuries. Gathering evidence is among 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 might assist your attorney in determining what happened during the accident, including the position of both cars following the collision, skid marks, road debris and other evidence that is physical. Also, keep track of the names and contact details of any witnesses who witnessed what transpired. It is important to have witnesses who can confirm the events that were actually happening, as it may often happen that drivers provide contradictory statements that result in insurance companies refusing or denying responsibility.

Other types of evidence your lawyer could utilize include medical records, which could include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other evidence that demonstrates the extent of your injuries. It is important to obtain these records as quickly as you can and give copies to your healthcare providers.

Another form of evidence that your lawyer could utilize is a deposition, which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. The lawyer can utilize the testimony to prove that your injuries have an immediate and clear connection to the crash, which helps justify requesting compensation for your injuries. While the majority of these types of evidence are collected at the scene of the accident or soon afterward however, some evidence may not be accessible until later in the litigation process. It's important to contact an attorney in the case of a car crash with the right credentials as soon as you can so that they can begin an investigation while the evidence is in its most natural form.

2. Making a Complaint

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

The first step is to file a complaint with court, which lists the specific claims that you are making and the amount of money you are seeking in damages. This type of document is typically drafted by an attorney and filed in court. It will also be given to the defendant.

This also triggers the discovery phase, which allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a long time and requires both teams to look over a number of documents, including police reports and witness statements medical records, invoices and more. Each side may request interrogatories. These are a series of questions that the other side has to answer under oath within a specified time frame.

Throughout this process the lawyer will work with doctors to ensure they have a complete picture of the seriousness of your injuries and the impact they've affected your daily routine. Your attorney will calculate the total damages you have suffered that include the future and past medical expenses, lost earnings, accident suffering and pain, and more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. This is likely to take place after the completion of discovery and before trial. If the insurance company is unwilling to offer a fair settlement, or if your damages are substantial and not covered by insurance, then you may be required to appear in court. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit where your lawyer and the insurance company exchange information that could assist or derail your claim. Your attorney will seek copies of all documents that support your case. These documents include police reports, medical bills and work loss records from your employer (showing how much time you were absent due to the accident) photos of your vehicle as well as any injuries or damages, and other financial information. Your lawyer will also make use of written discovery tools, such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and parties who aren't present in the case.

These written discovery tools are circulated back and forth between attorneys for 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 may be relevant to your case.

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

The pretrial investigation process is designed to assist your lawyer build a compelling case against the at-fault person and their insurer to negotiate a fair settlement for all your losses, injuries and losses, costs and expenses. There is no assurance of a settlement in each case however, the majority of them occur during or after the investigation process, which is usually done prior to trial.

4. Trial

The majority of car accidents settle through negotiations outside of court however, if you and your insurance company aren't in agreement on the cause or how much compensation you should receive for your injuries, your case may go to trial. A trial is a formal hearing where both sides present arguments and evidence to a factfinder, who makes a decision that settles the issue. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will be able to provide your version of the events in your opening statements to the jury, as well as any other evidence you have, including photos or video of the accident scene, witness testimony from witnesses and medical professionals, as well as documents like medical bills and police reports. You may also testify on your memory of the incident and how it affected 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 specific evidence.

The jury will determine at trial whether the plaintiff's harm was the result of the defendant's negligent conduct. They will consider proximate cause which is a complex legal concept that lawyers will spend many hours studying during law school. Proximate causes considers the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury must also decide how much compensation you should receive. It's also a complex issue because it depends on the degree of your injuries and the extent to which you have suffered. Your attorney will provide evidence, including expert testimony, regarding the severity of your injuries as well as lost income and future earning potential, as well your pain and suffering as well as impairment.

5. Settlement

Every state has a deadline that you must meet to settle your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer cannot reach a settlement with the insurer, you could be required to make a court filing. It can be expensive and time-consuming. However, it is often required to seek 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 will attend hearings. Your attorney will also file legal documents, known as motions, asking the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout the entire process, and most car accident civil disputes end before a trial needs to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is solid and you'll be willing to go to trial. The settlement process is also faster and less risky than a court trial.

It is vital to be aware of your injuries before you agree to a settlement. It is also important to have completed all medical treatments. You may not receive additional compensation if you accept the settlement before your doctor has determined that you have reached the point of maximum improvement. Don't sign a contract before you've spoken with your lawyer about your injuries. Your lawyer will make sure that you don't lose the opportunity to receive a valuable amount of compensation. They will carefully examine your medical records and other documentation to make sure that you receive the entire amount of damages for which you are entitled.