The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount you need for your injuries, our determined attorneys will prepare a formal demand letter. This letter will provide a detailed description of your economic losses such as medical expenses and lost wages, as well as non-economic damages like discomfort and pain.

A jury or judge will then take a call. If they rule to your advantage, you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves a car accident, proving negligence is crucial to receiving compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports like police reports and other official reports.

Photographs of the scene of the accident may help your attorney establish what actually transpired in the collision, including the location of both cars following the collision, skid marks, road debris, and other physical evidence. Take down the names and contact details of any eyewitnesses that witnessed the incident. It is crucial that witnesses corroborate the events that took place, since it can often be the case that drivers provide contradictory stories that lead to insurance companies denying or refusing liability.

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

Another type of evidence that your lawyer could employ is a deposition which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer could make use of this testimony to prove your injuries were a clear, identifiable connection to the accident. This helps to justify requesting compensation. Most of the evidence discussed above can be obtained at the site of the accident or shortly afterwards however some evidence may not be available until much later in the litigation. This is why it's crucial to talk to a reputable car accident lawyer as quickly as possible so that they can begin investigating while vital evidence is still in its most pure form.

2. Filing a Complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal advice from a professional. A car accident attorney can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is to file a complaint in court, which outlines the specific claims you're bringing and the amount of money you are seeking in damages. The document is usually written by your lawyer and filed with the court and served to the defendant.

This also triggers the discovery phase which allows both parties to exchange information and documents related to their defenses and claims. The process can be very long and requires both sides to review many documents, including police reports witnesses' statements, police reports medical records, bills and more. Each side may request interrogatories. They are a set of questions that the other side has to answer under oath in a specified time frame.

In this phase, your lawyer will also collaborate with doctors to get the full picture of your injuries and the impact that they've affected your life. Your attorney will calculate the total damages. This will include past and upcoming medical expenses including lost wages, the pain and suffering of others, and many more.

Your lawyer could be able to reach a settlement deal with the insurance company of the driver at fault. This is more likely to occur after discovery and before the trial. However, if the insurance company is unable to offer a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, your case could be referred to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that could support or damage your claim. Your attorney will ask for copies of documents to support your case. This includes police reports, medical bills and attorneys work loss records from your employer (showing how much time you've missed due to the accident), photos of your vehicle, any injuries or damages as well as other financial data. Your attorney can also make use of tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and parties who are not present.

These tools for discovery are used to exchange information between attorneys on both sides. They give the opposing side the chance to respond to questions in writing, that must be sworn to under oath, and to provide copies of certain documents and other information that may be relevant to your case.

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. During a deposition, the at-fault party's lawyer 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 assist your lawyer build a compelling case against the responsible party and their insurer in order to negotiate a fair settlement for all of your injuries and losses, costs and expenses. There is no guarantee of a settlement in every case however, the majority of them occur during or after the investigation process, which is often completed before the trial.

4. Trial

While the vast majority of car accident cases are settled through informal negotiations, if you and the insurance company are not in agreement about who is to blame or the amount of compensation you should receive for your injuries, your case could be heard in a trial. A trial is a formal 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 usually a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any evidence supporting it like photos or videos of the scene of the accident witness testimony, statements from witnesses and 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 has impacted your life. Expert witnesses can also testify to back your claims. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility or validity of certain evidence.

The jury will decide in the trial if the plaintiff's injury was the result of the defendant's reckless behavior. They will be examining proximate causes which is a tangled legal concept that lawyers will spend many hours studying in law school. Proximate cause considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. It is also a complicated issue because it depends on the degree of your injuries and the extent to which you have suffered. Your lawyer will present evidence, including expert testimony, about the severity of injuries loss of income, future earning potential, in addition to your suffering and impairment.

5. Settlement

Every state has a time limit by which you can settle your claim, or even file an action. This is referred to as the statutes of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, then you might have to file a car accident lawsuit in court. It can be time-consuming and costly, but it is often necessary to pursue compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal procedure where each side exchanges information with one another). Your lawyer will also file legal documents known as motions to ask the court to consider excluding certain types of evidence during trial. Settlement negotiations may continue throughout the entire process, and a lot of car accident civil disputes end before a trial needs to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is solid and you'll be willing to take the case to trial. Settlement is quicker and less risky than a court trial.

It is vital to be aware of your injuries prior to a settlement. You should also have completed all medical treatments. It is possible to lose additional compensation if settling a settlement until your doctor has confirmed that you have achieved the maximum level of improvement in your medical condition. Don't sign a settlement agreement before you have spoken to your lawyer about the damages. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully examine your medical records as well as other documents to ensure that you get the full amount of damages to that you are eligible.