The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official letter of demand if the insurance company refuses to pay the amount you need for your injuries. This will include all of the economic losses you have suffered such as medical bills and lost wages, and non-economic damages like suffering and pain.

Then the judge or jury will decide. If they decide in your favor you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident it is essential to prove negligence to receive compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports such as police reports, and other official reports.

Photographs of the scene of the accident could help your attorney establish what happened during the collision, including the location of both cars after collision, skid marks, road debris and other physical evidence. Take down the names and contact details of any witnesses who were present to witness the events. It is important to have witnesses to verify the events that were actually happening, as it may often be the case that drivers offer contradictory statements that result in insurance companies refusing or denying the liability.

Medical records can also be used by your lawyer in order to prove the extent of your injury. These records could include receipts, bills, lab results, diagnosis reports, discharge instructions, and other documentation. You should get these records as soon as you can and ensure that you provide copies to your healthcare providers.

Another type of evidence your lawyer could utilize is a deposition, which is an out-of court testimony delivered under oath, and then transcribed by a court reporter. The lawyer can use the testimony to establish the fact that your injuries had an immediate and obvious connection to the crash and can be used to justify the compensation you deserve for your damages. Although the majority of the above types of evidence can be obtained at the scene or shortly afterward, some of them may not be available until later in the litigation process. It's important to contact an attorney for car accidents with the right credentials immediately so they can begin an investigation when the evidence is in its most pure form.

2. Making a Complaint

Once the dust has sunk and you have tended to your injuries, it's the time to seek expert legal advice. A car accident attorney can provide the expertise needed to ensure you receive the maximum compensation for your claim.

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

The discovery phase begins and allows both parties to exchange information regarding their claims and defenses. The process can be lengthy and requires both teams to review many documents, including police reports witnesses' statements, police reports, medical records, bills and much more. Each side may request interrogatories. They are a set of questions that the other side must answer under oath in an agreed upon timeframe.

During this stage, you lawyer will also collaborate with your doctor to get the full picture of your injuries and the impact they've affected your life. Your attorney will then calculate your total damages, which will include past and future medical expenses loss of earnings, pain and suffering and much more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver who is at fault. This is most likely to take place after the completion of discovery and before trial. However, if the insurance company is unable to provide a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, the case may go to trial. A judge or jury will make a final decision in the case based on all of the evidence presented.

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 to support your case. These documents include police reports as well as medical bills and work loss documents from your employer (showing how much time you were absent due to the accident) photographs of your vehicle and any damages or injuries and financial information. Your attorney may also employ written discovery tools, such as interrogatories or requests for production as well as requests for admissions in order to question witnesses and other parties that are not part of the case.

These tools for discovery in writing are exchanged back and forth between the attorneys on both sides. The written discovery tools provide the other side an opportunity to respond to questions in writing, which must be sworn to under oath, and to provide copies of other information which could be helpful to you.

Your Long Island car accident attorney will also depose witnesses and anyone who has information regarding your injuries or damages which could be crucial to your case. During a deposition the lawyer representing the party at fault will ask you questions and your responses will be recorded on video by the court reporter or accidents translated.

These pretrial investigation procedures are designed to help your lawyer create a compelling case against the responsible party and their insurer to obtain a fair settlement for all of your damages or losses, as well as expenses. Although there is no assurance that all cases will settle however, the majority of cases settle at the end of or following the discovery process, which is often be completed before the trial.

4. Trial

While the vast majority of car accident cases are settled through informal negotiations however, if you and your insurance company aren't in agreement on the cause or the amount you are entitled to for your injuries, the case may go to trial. A trial is a formal proceeding where both parties are required to are required to argue their case and provide evidence before the factfinder, who makes a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any supporting evidence including photos or videos of the scene of the accident as well as testimony from witnesses and medical professionals, or documents like police reports and bills. You can also offer testimony regarding your memory of the incident and how it has had an impact on your life. Expert witnesses can also give evidence to back up your claims. The attorney representing the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

At trial, jurors must decide if the plaintiff's injuries were the result of the negligence of the defendant. They will examine the proximate cause, a complicated legal concept that law students will spend hours studying. Proximate cause examines how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you are entitled to. This is a complicated issue due to how severe your injuries are and the extent of your losses. Your attorney will present your evidence that includes expert testimony from a witness regarding the severity of your injuries, your loss of income, and future earnings potential and your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state has a specific deadline within which you can resolve 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 bring a lawsuit to court. It can be expensive and time-consuming, but this is often necessary to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal process where each side exchanges information with one another). Your lawyer will also file legal documents, referred to as motions to ask the court for certain things, such as the exclusion of certain kinds of evidence at trial. Settlement negotiations may continue throughout this process. A lot of civil disputes are settled prior to a trial.

If they feel that your injury claim is legitimate and you are willing to go to trial the insurance company will offer an appropriate settlement offer. Settlements are quicker and less risky than the court trial.

It is vital to fully understand your injuries prior to committing to the settlement. It is also important to have completed all medical treatments. If you settle prior to your doctor determining that you have reached your maximum medical improvement (MMI) then you could be denied additional compensation. Additionally, you should not sign a release until you have spoken with your lawyer and had an understanding of all losses. Your lawyer will make sure that you don't get a poor deal on compensation. They will carefully examine your medical records and other documentation to ensure that you get the full amount of damages to which you are eligible.