The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount of money you require for your injuries, our determined lawyers will draft a formal demand letter. It will detail all your financial damages such as medical bills and lost wages, and non-economic damages like suffering and pain.

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

1. Gathering Evidence

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

Your lawyer may be able to determine the circumstances of the incident by taking photographs of the scene, including skid marks road debris, skid marks and other physical evidence. Also, note the names and contact information of any witnesses who were present at the incident. It is important to have witnesses corroborate the events that occurred, as it can often happen that drivers provide contradictory accounts that lead to insurance companies refusing to accept or deny the liability.

Other evidence forms your lawyer could use include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge instructions, and other documentation that demonstrate the extent of your injuries. You should seek these records as soon as you can and be sure to provide copies to your healthcare professionals.

Another type of evidence your attorney could employ is a deposition which is an out-of-court testimonies given under oath and recorded by a court reporter. Your lawyer can use this evidence to prove your injuries have an immediate, obvious connection to the accident. This is a good argument to support the need for compensation. While most of the above-mentioned types of evidence can be gathered at the accident scene or soon afterward but some of the evidence might not be available until later in the litigation process. This is the reason it's essential to speak with a well-credentialed lawyer in the event of a car accident as soon as possible so that they can begin investigating when the evidence is in its most pure form.

2. Making a Complaint

After the dust has cleared and you've taken care of your injuries, you should seek legal advice from a professional. A lawyer who has handled car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint in court, which outlines the specific claims you are making and the amount you're seeking in damages. This type of document is typically drafted by an attorney and filed in the court. It is also delivered to the defendant.

The discovery phase starts, allowing both parties to exchange information about their claims and defenses. The process can be long and requires both sides to examine a variety of documents, including police reports, witness statements and medical records, accident as well as bills and much more. Each side may request interrogatories. These are a series of questions that the other side has to answer under oath in an agreed upon timeframe.

In this phase, your lawyer will also collaborate with medical professionals to obtain an accurate picture of your injuries and the impact that they've caused on your life. Your lawyer will then calculate the total damages you have suffered, which will include future and past medical expenses as well as lost earnings, suffering and pain, and more.

Sometimes, your lawyer may be able to reach an agreement with the at fault driver's insurance company. This is more likely to occur after discovery and prior to trial. If the insurance company refuses to offer a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, your case may move forward to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial step in any car accident lawsuit case. This is when your attorney and the negligent driver's insurer exchange information that could help or hurt your claim. Your attorney will request copies of the documents supporting your case, such as medical bills, police reports and work loss records (e.g. an email from your employer which reveals how much time you missed work due to the accident) photos of your car and any injuries or damages or other pertinent financial information. Your lawyer will also make use of written discovery tools like interrogatories or requests for production as well as request for admissions to question witnesses and parties who are not present in the case.

These documents are exchanged between attorneys from both sides. The tools for writing discovery give the opposing party a chance to respond to questions in writing, which must be answered under oath. They also ask you to provide copies of other information that might be helpful to you.

Your Long Island car accident attorney will also interview witnesses and any other person with information about your injuries or damages which could be vital to your case. In a deposition, the lawyer of the at-fault person will ask you questions, and your answers will be recorded on video by a court reporter or transcribing.

These pretrial investigation procedures are designed to assist your lawyer develop a convincing case against the at-fault person and their insurer in order to get an equitable settlement for all of your damages, expenses and losses. Although there is no guarantee that all cases settle but the majority settle either during or after the discovery process, which can often be completed before the trial.

4. Trial

The majority of car accidents settle through negotiations outside of court however, if you and your insurance company are not in agreement about who is to blame or how much compensation you should receive for your injuries, your case could go to trial. A trial is a formal procedure where both sides submit arguments and evidence to a factfinder who makes a ruling that settles the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence, such as photos or videos of the scene of the accident or testimony from witnesses, medical professionals, as well as documents such police reports and bills. You can also provide testimony regarding your recollection of the incident and how it had an impact on your life. Expert witnesses can also testify to back your claims. The lawyer representing the defendant can cross-examine witnesses and challenge to the admissibility of evidence.

In a trial, the jury must determine if the plaintiff's injuries were caused by the negligence of the defendant. They will consider proximate cause which is a tangled legal concept that lawyers spend many hours studying in law school. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff's injuries.

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

5. Settlement

Every state has a legal deadline, known as the statute of limitations by which you must settle your claim or file a lawsuit. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, then you might need to file a car accident lawsuit in court. It can be time-consuming and costly, however it is usually necessary to pursue compensation.

During this procedure the Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and also attend hearings. Your attorney will also file legal documents, known as motions, requesting the court to do things like exclude certain types of evidence from trial. Settlement negotiations may continue throughout this process, and most civil disputes arising from car accidents end before a trial needs to be held.

If they believe your injury claim is legitimate and you are willing to go to trial Insurance companies will offer an honest settlement offer. Settlement is faster and less risky than the court trial.

It is important to fully understand your injuries before you agree to an agreement. It is also important to have completed all medical treatments. It is possible to lose additional compensation if you accept an offer of settlement until your doctor has confirmed that you have achieved the maximum medical improvement. It is also important not to sign a release before you have spoken to your lawyer about your damages. Your attorney will ensure that you do not be denied compensation that is valuable. They will look over your medical records as well as other documentation to ensure that you receive all of the damages you are entitled to.