The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter in the event that the insurance company is unable to pay the amount you need to cover your injuries. This will outline all your financial damages such as medical bills and lost wages, and other damages that are not economic, like pain and suffering.

A judge or jury will then take a call. If they come to a decision to your advantage, you will be awarded damages. In addition, the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving the negligence and liability is key to obtaining compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports like police reports and other official reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually transpired during the collision, including the location of both vehicles after collision, skid marks, road debris, and other physical evidence. Take down the names and phone numbers of any witnesses who saw what happened. Having witnesses testify that corroborate your account of the events is essential particularly since it can be common for drivers to have contradictory versions of what transpired, which can lead to insurance companies refusing to accept the claim or deny any responsibility at all.

Other forms of evidence your lawyer could utilize include medical records. These could include bills, receipts diagnose reports, lab results, discharge instructions and other evidence that demonstrates the extent of your injuries. It is essential to get these records as quickly as you can and send copies to your medical professionals.

Another form of evidence your lawyer could use is a deposition, which is out-of-court testimony given under oath that is then transcribing by a court reporter. The lawyer can use this evidence to prove your injuries had a direct, foreseeable link to the accident. This helps to justify the need for compensation. The majority of the evidence mentioned above can be obtained at the scene of the accident or shortly afterwards however some evidence may not be available until later in the litigation. This is why it's vital to consult a highly-credentialed lawyer for car accidents as soon as possible, so that they can begin an investigation when the evidence is in its purest form.

2. Making a Complaint

After the dust has settled and you have tended to your injuries, it's the time to seek legal advice from a professional. A car accident attorney can provide the necessary expertise to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint in the court, describing the specific claims you're bringing and how much money you're seeking in damages. The complaint is typically written by your attorney, and then filed with the court, and then served to the defendant.

The discovery phase starts, allowing both parties to share information regarding their claims and defenses. The process can take a long time and requires both sides to go through a myriad of documents including police reports, witness statements medical records, invoices and much more. Each side may ask for interrogatories, which are a set of questions that the other party must answer under oath, within a specific time frame.

In this phase, your lawyer will also work with doctors to ensure that they have a complete picture of the seriousness of your injuries and the impact they've had on your daily life. Your lawyer will estimate the total damages. This will include past and upcoming medical expenses, lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer could be able to negotiate an agreement with the at fault driver's insurance company. This is likely to be the case following the completion of discovery and prior to trial. If the insurance company is unable to provide a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, the case could be referred 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 phase in any lawsuit involving a car accident, where your attorney and the negligent driver's insurance company exchange information that may assist or derail your claim. Your attorney will request copies of documents to prove your case. This includes police reports medical bills, as well as work loss documents from your employer (showing the amount of time you missed due to the accident) photos of your vehicle damaged or injured as well as other financial data. Your attorney may also use documents for discovery in writing, such as interrogatories and requests for production to ask questions of witnesses and parties who are not present.

These written discovery tools are exchanged between attorneys from both sides. They give the opposing side an opportunity to reply to questions in writing, which have to be answered under oath and to provide copies of certain documents and other information that could be helpful to your case.

Your Long Island car accident lawyer will also depose people who are witnesses to the riverside accident attorney, as well as anyone with information on your injuries or damages that could be relevant to your case. During a deposition, the lawyer representing the party at fault will ask you questions, and your answers will be recorded on video by a court reporter or transcribed.

These pretrial investigation procedures are designed to assist your lawyer create a compelling case against the person who is at fault and their insurer in order to negotiate an equitable settlement for all of your injuries as well as losses, expenses and costs. There is no guarantee of a settlement in each case, but the majority of cases do so during or after the investigation process, which usually done prior to trial.

4. Trial

The majority of car accident cases are settled through informal negotiations however, if you and your insurance company are not in agreement about who is to blame or the amount you are entitled to for your injuries, your case may go to trial. A trial is an official proceeding where both parties are required to are required to argue their case and provide evidence before a 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 version of what transpired during the trial. This will include any evidence supporting it, such as photos or videos of the scene of the accident, testimony from witnesses and medical professionals, as well as documents such police reports and bills. You can also give your testimony regarding your memories of the incident and how it has changed your life. Expert witnesses will also provide evidence to back up your claims. The defendant's attorney can cross-examine witnesses and challenge the admissibility of certain evidence.

In a trial, the jury will determine if the plaintiff's injuries were the result of the defendant's negligence. They will look at proximate cause an intricate legal concept that lawyers will spend many hours studying during law school. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also decide how much compensation you should receive. It's also a complicated issue due to the degree of your injuries and the degree to which you've suffered. Your lawyer will present your evidence, including expert witness testimony about the severity of your injuries, your loss of income, and your future earnings potential and your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a deadline to settle your claim, or even file an action. This is referred to as the statutes of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you may require filing a car accident lawsuit in the court. It can be time-consuming and costly, however it is usually necessary to pursue compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal process in which parties exchange information with the other side) and attend hearings. Your attorney will also file legal documents, known as motions, asking the court to do things such as excluding certain types evidence from trial. Settlement negotiations can go on throughout the process, and a majority of civil disputes arising from car accidents end before a trial has to be held.

If they believe that your claim is solid and you are willing to go to trial, insurance companies will make a fair settlement offer. Settlements are faster and less risky compared to a court trial.

It is crucial to understand your injuries before you agree to an agreement. You must also have completed all medical treatments. You may not receive additional compensation if you sign the settlement before your doctor has determined that you have attained the level of medical improvement that is the highest. Don't sign an agreement until you have met with your lawyer and accident attorney gained an accurate understanding of your losses. Your lawyer will make sure that you do not miss out on valuable compensation. They will go through your medical records and other documentation to ensure that you are entitled to all of the damages that you are entitled to.