The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter in the event that the insurance company refuses to pay the amount you require for your injuries. This letter will detail all of your economic damages such as medical expenses, lost wages as and non-economic losses like discomfort and pain.

Then a judge or jury will make a decision. If they decide in your favor, you will be awarded damages. In addition, the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving negligence is crucial in obtaining compensation for your injuries. Collecting evidence is one the first steps of the litigation process, and it requires gathering documents witnesses' testimony, photographs, and official reports like police reports.

Your lawyer may be able to establish what happened in the accident by taking pictures of the scene, including skid marks road debris, skid marks and other physical evidence. Note down the names and contact numbers of any witnesses who were present to witness the events. It is crucial to have witnesses to verify the events that took place, as it can often happen that drivers offer contradictory stories that lead to insurance companies refusing to accept or deny liability.

Other forms of evidence your lawyer could utilize include medical records, which can include bills, receipts diagnostic reports, lab results, discharge guidelines, and other documents that show the severity of your injuries. You should get these records as quickly as you can and give copies to your medical professionals.

Another form of evidence your lawyer could employ is a deposition which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. Your lawyer could use this evidence to prove your injuries were a clear, identifiable connection to the accident. This can be used to justify seeking compensation. Most of the evidence mentioned above can be obtained at the site of the crash or shortly after however, some might not be available until much later in the litigation. It's crucial to speak with an attorney for car accidents with the right credentials as soon as you can to begin an inquiry while the evidence is in its most pure form.

2. Making a complaint

After the dust has settled, and you've taken care of your injuries, seek legal advice from an expert. An attorney who has handled car accidents can provide the necessary expertise to ensure that you receive maximum compensation for your claim.

The first step is to file an application with the court. The complaint will detail your specific claims as well as the amount you want to recover in damages. This type of document is typically drafted by an attorney and then filed in the court. It will also be given to the defendant.

The discovery phase starts and allows both parties to exchange information about their claims and defenses. The process can take a long time and both teams may be required to examine a large number of documents, including police reports and witness statements. They may also have to review medical documents as well as bills and other documents. Each side may request interrogatories. They are a set of questions that the other side must answer under oath in an agreed upon timeframe.

In this phase the lawyer will collaborate with medical professionals to ensure they have a complete picture of the severity of your injuries and the impact they've affected your daily routine. Your attorney will calculate the total damages. This will include any future medical expenses, lost wages, pain and suffering and more.

Your lawyer may be able negotiate a settlement with the insurance company of the driver at fault. This is more likely to occur after discovery and prior to trial. If the insurance company refuses to negotiate a fair settlement or if you've suffered significant losses that aren't covered by the insurance policy, the case could be referred to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit where your lawyer and the negligent driver's insurance company exchange information that may support or damage your claim. Your attorney will request copies of documents that support your case. This includes police reports, medical bills and work loss documents from your employer (showing the amount of time you've missed due to the accident) photos of your vehicle damaged or injured, and other financial information. Your attorney may also employ written discovery tools such as interrogatories, requests for production and request for admissions to question witnesses and other parties that are not in the case.

The written discovery tools are sent back and forth between the attorneys for both sides. They give the opposing party the opportunity to answer questions in writing, that must be sworn to under oath, and to supply copies of certain documents or other information that could be useful to your case.

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

These pretrial investigation procedures are designed to help your lawyer construct a compelling case against the person who is at fault and their insurer to obtain a fair settlement for all of your damages and losses, costs and expenses. While there is no guarantee that every case will settle, the majority do either during or after the discovery process, which can often be completed before your case reaches trial.

4. Trial

Trials can be arranged in situations where you and the insurance company are not in agreement regarding the fault of the other party or the amount you should receive for your injuries. A trial is an official proceeding in which both sides present their arguments and evidence to the factfinder, who makes a decision on how to settle the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will be able to present your version of events in your opening statements to the jury and any supporting evidence that you have, like photos or video of the accident scene, testimony from people who witnessed the accident and medical professionals, and documents like police reports and accident lawsuit medical bills. You may also testify about your personal memories of the incident and how it affected your life. Expert witnesses can also testify to back your claims. The defendant's attorney can cross-examine witnesses and object to the admissibility of certain evidence.

At 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 the defendant's actions and the plaintiff’s injuries.

A jury is also required to determine the amount of damages you should receive. It's also a complicated issue due to the severity of your injuries and the extent to which you have suffered. Your lawyer will provide evidence, including expert testimony, about the severity of injuries that resulted in loss of income and earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Every state has a deadline that you must meet to resolve your claim or Accident Lawsuit file an action. This is referred to as the statute of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may be required to file a vehicle accident lawsuit in the court. It can be lengthy and expensive, but it is usually required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a procedure that is formal in which both sides exchange information with the other). Your lawyer will also file legal documents referred to as motions to request the court to consider the exclusion of certain types of evidence during trial. Settlement negotiations can be ongoing during this process. Many car accident civil disputes are resolved before a trial is needed.

If they believe your injury claim is valid and you are willing to go to trial the insurance company will offer an acceptable settlement offer. Additionally, the settlement process is faster and less risky for them than a trial.

Before settling on a settlement, it is crucial to fully comprehend the severity of your injuries and completed all medical treatment. If you sign a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) then you could be denied additional compensation. You should also not sign a release until you have spoken to your lawyer about your injuries. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will review your medical records and other documentation, to ensure that you receive all of the damages for which you qualify.