The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if an insurance company refuses to pay the amount you need for your injuries. This will list all your economic damages like medical bills and lost wages, and non-economic damages like pain and suffering.

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

1. Gathering Evidence

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

Photographs of the scene of the accident might help your attorney establish what actually happened in the accident, including the position of both cars after impact, skid marks road debris, and other physical evidence. Take down the names and contact numbers of any eyewitnesses that witnessed what happened. It is essential that witnesses confirm the events took place, as it can often be the case that drivers give contradictory stories that lead to insurance companies denying or refusing liability.

Other evidence that your lawyer may use include medical records, which can include bills, receipts diagnostic reports, lab results, discharge instructions, and other evidence that demonstrates the extent of your injuries. It is important to obtain these records as soon as possible and send copies to your healthcare providers.

Depositions are another form of evidence that your attorney can employ. It is an out-of court testimony given under oath, and then transcribed by a Court Reporter. The lawyer can use this evidence to prove your injuries had an obvious, predicable connection to the accident. This will help justify seeking compensation. While the majority of the above types of evidence can be gathered at the accident scene or shortly afterward, some of them may not be accessible until later in the litigation process. It's crucial to speak with an attorney for car accidents with the right credentials as soon as you can so that they can begin an investigation while the evidence is in its most pure form.

2. Filing 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 lawyer for car accidents can provide you with the expertise to maximize your compensation.

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

It also kicks off the discovery phase that allows both sides to exchange information and evidence that is related to their defenses and claims. The process can be lengthy and requires both sides 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 questions that the other side must answer under oath within an agreed upon timeframe.

Throughout this process the lawyer will work with doctors to ensure that they have a complete picture of the severity of your injuries as well as the impact they have had on your daily life. Your lawyer will calculate your total damages. This includes future and past medical expenses, lost wages, suffering and pain, and much more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver who is at the fault. This will most likely occur following the conclusion of discovery, but before trial. If the insurance company is unable to offer a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, your case may go to trial. A jury or judge will make a decision in the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident where your lawyer and the insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents to support your case. These documents include police reports as well as medical bills and work loss documents from your employer (showing the amount of time you missed due to the accident), photos of your vehicle as well as any injuries or damages as well as other financial data. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to inquire into parties and witnesses who are not present.

These documents are used to exchange information between attorneys on both sides. The written discovery tools provide the opposing side an opportunity to respond to questions in writing which must be sworn to under oath, and to provide copies of other information that could be useful to you.

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

These pre-trial investigation procedures are designed to help your lawyer develop a convincing argument against the person at fault and their insurer in order to secure a fair settlement for all your injuries, expenses and losses. While there is no guarantee that every case will settle, the majority do at the end of or following the discovery process, which may be completed before your case goes to trial.

4. Trial

The majority of car accident cases settle through out-of-court negotiations however, if you and your insurance company disagree about fault or the amount of compensation you should receive for your injuries, your case could be heard in a trial. A trial is a formal process where both parties are required to present their arguments and evidence to the factfinder, who makes an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will provide your version of the events in opening statements to the jury and any supporting evidence that you have, like photos or video of the accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents such as police reports and medical bills. You can also give your testimony about your memories of the incident and how it has changed your life. Expert witnesses can also give evidence to back up your assertions. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility or validity of certain evidence.

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

A jury is also required to determine the amount of damages you are entitled to. This is a thorny issue depending on how severe your injuries are and the severity of your losses. Your attorney will present your evidence, including expert witness testimony regarding the severity of your injuries, the loss of income, as well as future earnings potential as well as your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state has a deadline by which you can settle your claim or file an action. This is known as the statutes of limitations. If your lawyer can't reach a settlement with the insurance company, you may be required to file a lawsuit in court. This could be a lengthy process and costly, however it is usually necessary to pursue compensation.

During this process the Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and be present at hearings. Your lawyer will also make legal filings, also known as motions, asking the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are settled before a trial is necessary.

Insurance companies are more likely to offer fair settlement offers if they believe your claim for injury is solid and you'll be willing to go to trial. In addition, the settlement process is faster and less risky than a trial.

Before settling an agreement, it is crucial to fully comprehend the severity of your injuries. You must also have completed all medical treatment. You could be denied additional compensation if you sign an offer of settlement until your doctor accident lawsuit has determined that you have reached the maximum level of improvement in your medical condition. You should also not sign the release until you've spoken with your lawyer and have a complete understanding of your damages. Your lawyer will make sure that you do not get a poor deal on compensation. They will review your medical records, as well as other documentation to ensure that you are entitled to all of the damages for which you qualify.