The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter in the event that the insurance company refuses to pay you the amount you require for your injuries. This letter will detail all of your financial damages such as medical expenses, lost wages as well as non-economic damages such as pain and discomfort.

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

1. Gathering Evidence

In a lawsuit involving an accident in a car, proving negligence is vital to receiving compensation for your injuries. Gathering evidence is one of the first steps in the process of litigation, and it involves gathering documents including photographs, witness statements and official reports such as police reports.

Photographs of the scene of the accident can help your attorney establish what happened during the collision, including the positions of both cars after collision, skid marks, road debris and other physical evidence. Record the names and phone numbers of any witnesses who witnessed the incident. It is crucial to have witnesses confirm the events took place, as it can often happen that drivers provide contradictory information that can lead to insurance companies refusing or denial of liability.

Medical records can also be utilized by your lawyer to establish the extent of your injury. These records could include bills, receipts as well as lab results, diagnosis reports, discharge instructions, and other forms of documentation. You should obtain these documents as soon as you can and give copies to your healthcare providers.

Another type of evidence that your attorney could make use of is a deposition which is an out-of court testimony delivered under oath and transcribed by a court reporter. Your lawyer can use this evidence to prove your injuries were an immediate, obvious connection to the accident. This is a good argument to support requesting compensation. Although the majority of the above types of evidence can be taken at the scene of the accident or soon afterward but some of the evidence might not be available until later in the litigation process. This is why it's important to contact a reputable lawyer in the event of a car accident as soon as possible so that they can begin the investigation while vital evidence is still in its purest form.

2. Filing a Complaint

Once the dust has settled and you have tended to your injuries, it's time to seek professional legal advice. A car accident attorney can provide the expertise needed to help you get the most compensation for your claim.

The first step is filing a complaint with the court. The complaint will detail your specific claims as well as the amount of money you'd like to claim in damages. The document is usually written by your lawyer and filed with the court and then served on the defendant.

The discovery phase begins, allowing both parties to share information about their claims and defenses. The process can be lengthy and requires both sides to examine a variety of documents, including police reports as well as witness statements medical records, bills and more. Both sides can request interrogatories. These are a series questions which the other side must answer under oath in a specified time frame.

Throughout this stage your lawyer will work with doctors to ensure that they have a complete understanding of the extent of your injuries and the impact they have had on your daily life. Your lawyer will then estimate your total damages, which will include future and past medical expenses, lost earnings, suffering and pain, and more.

Sometimes, your lawyer might be able to negotiate an agreement with the responsible driver's insurance company. This is more likely to happen after discovery and prior to trial. If the insurance company refuses to provide a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, the case could be referred to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident in which your attorney and the insurance company of the negligent driver company exchange information that could assist or derail your claim. Your attorney will seek copies of all documents to prove your case. These include police reports medical bills, work loss records from your employer (showing the amount of time you've missed because of the accident) photographs of your vehicle damaged or injured and financial information. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to inquire about parties and witnesses who are not present.

These discovery tools written in writing are exchanged back and forth between attorneys on both sides. They provide the opposing party the opportunity to answer questions in writing, which have to be sworn to under oath, and to provide copies of specific documents or other information that could be useful to your case.

Your Long Island car accident lawyer (additional reading) will also depose people who are witnesses to the accident as well as anyone with information on your injuries or damage that could be crucial to your case. During a deposition lawyer for the person who is at fault will ask you several questions, and your responses will be recorded on video, or transcribed by a court reporter.

These pre-trial investigation procedures are designed to help your lawyer create a compelling case against the at-fault person and their insurance company in order to get a fair settlement for all of your injuries as well as losses, expenses and costs. There is no guarantee of a settlement in every case however the majority of them will settle during or following the investigation process, which is usually concluded prior to the trial.

4. Trial

Trials are possible in cases when you and the insurance company do not agree about who is at fault or the amount of compensation you should receive for your injuries. A trial is an official process where both parties present arguments and evidence before a factfinder who makes a decision on how to settle the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any evidence supporting it like photos or videos of the accident scene, testimony from witnesses and medical professionals, documents like police reports and bills. You may also offer your testimony regarding your recollection of the incident and how it changed your life. Expert witnesses can also testify to support your assertions. The defendant's lawyer can cross-examine witnesses and object to the admissibility or validity of certain evidence.

The jury will decide in the trial whether the plaintiff's harm was caused by the defendant's negligent behavior. They will look at proximate cause which is a tangled legal concept that lawyers have to spend many hours studying during law school. Proximate causes considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury must also decide how much compensation you will be awarded. This is another complicated issue, as it depends on how severe your injuries are and the extent of your losses. Your attorney will present evidence which includes expert testimony about the severity of your injuries that resulted in loss of income and earnings potential, as also the extent of your suffering and impairment.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations, where you have to settle your claim or make a claim. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you could need to file a car accident lawsuit in court. It can be expensive and time-consuming, but this is usually required to obtain compensation.

During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal process in which parties exchange information with the other side) and be present at hearings. Your lawyer will also file legal documents known as motions that ask the court for things like the exclusion of certain types of evidence in trial. Settlement negotiations can be ongoing throughout the entire process, and most car accident civil disputes end before a trial is required to be held.

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

It is important to be aware of the extent of your injuries prior accident lawyer to agreeing to the settlement. You must also have completed all medical treatment. You could lose out on additional compensation if you sign the settlement before your doctor has concluded that you have reached the level of medical improvement that is the highest. Additionally, you should not sign a release until you have talked to your lawyer and received a complete understanding of your damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will carefully examine your medical records as well as other documents to ensure that you receive the entire amount of damages for which you are eligible.