The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount you need to cover your injuries, our determined attorneys will prepare an official demand letter. It will detail all your economic damages, such as medical bills and lost wages, as well as other damages that are not economic, like suffering and pain.

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

1. Gathering Evidence

In a lawsuit that involves an automobile accident it is essential to prove negligence 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.

Your attorney may be able to determine what happened in the incident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Note down the names and contact details of any witnesses who witnessed the events. Witnesses who testify that confirm your account of what transpired is vital especially as it can be common for drivers to have contradictory reports of what happened, which causes insurance companies to refuse to accept the claim or denying responsibility altogether.

Medical records can also be used by your lawyer to demonstrate the severity of your injury. These documents may include receipts, bills laboratory results, diagnosis reports, discharge directions and other documentation. You should get these records as quickly as you can, and also provide copies to your medical professionals.

Another type of evidence your attorney may utilize is a deposition, which is out-of-court testimony given under oath and recorded by a court reporter. Your lawyer may use the testimony to prove the fact that your injuries had a direct and foreseeable connection to the crash which can help justify the compensation you deserve for your damages. Most of the evidence discussed above can be collected at the site of the accident or soon after however some evidence may not be available until much later in the legal process. This is the reason it's essential to talk to a reputable car accident lawyer as quickly as possible so that they can begin the investigation while vital evidence is still in its most pure form.

2. Making a Complaint

When the dust has cleared and you've treated your injuries, it's time to seek out legal counsel from an expert. An attorney who has handled car accidents will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is filing a complaint with the court. This document will outline your specific claims and the amount you'd like to claim in damages. This type of document is typically drafted by an attorney, and filed in court. It is also given to the defendant.

This also triggers the discovery phase, which allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can be lengthy and accidents requires both sides to examine a variety of documents, including police reports as well as witness statements medical records, invoices and more. Each side may request interrogatories, which are a series of questions that each party must answer under oath within a set time frame.

In this stage the lawyer will collaborate with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they have affected your daily routine. Your attorney will calculate the total damages you have suffered, which will include the past and future medical costs, lost earnings, pain and suffering, and more.

Sometimes, your lawyer may be able to reach an agreement with the at fault driver's insurance company. This is more likely following discovery, but before trial. If the insurance company is unwilling to offer an acceptable settlement, or if your losses are significant and not covered by insurance, then you might need to go to trial. A judge or accidents jury will make a final decision in the case based on the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. It is the point at which your attorney and negligent insurance company of the driver exchange information that can support or damage your claim. Your attorney will ask for copies of documents to prove your case. This includes police reports, medical bills and work loss records from your employer (showing how much time you've missed because of the accident), photos of your vehicle damaged or injured as well as other financial data. Your attorney will also use written discovery tools, such as interrogatories or requests for production as well as request for admissions to question witnesses and other parties who aren't present in the case.

These tools for discovery are exchanged between attorneys from both sides. The written discovery tools provide the opposing party a chance to respond to questions in writing that must be answered under oath. It also allows you to provide copies of other information that may be useful to you.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the collision and anyone with information regarding your injuries or damages that could be important to your case. In a deposition, the attorney representing the at-fault party will ask you a series of questions, and your answers will be recorded on video or transcribed by a court reporter.

These pre-trial investigation procedures are designed to assist your lawyer construct a compelling argument against the person at fault and their insurer to get an equitable settlement for all your injuries, expenses and losses. While there is no assurance that all cases will settle however, the majority of cases settle either during or after the discovery process, which can often be completed before your case is brought to trial.

4. Trial

While the vast majority of car accidents settle through out-of-court negotiations, if you and the insurance company aren't in agreement on the cause or the amount of compensation you should receive for your injuries, the case may be heard in a trial. A trial is a formal process in which both parties argue and present evidence to a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will be able to give your account of the events in your opening statements to the jury as well as any other evidence you have, including photos or video of the accident scene, witness testimony from bystanders and medical professionals, and documents such as medical bills and police reports. You can also give your testimony regarding your memories of the incident and how it has affected your life. Expert witnesses can also testify to back your claims. The defendant's lawyer can cross-examine witnesses and object to admissibility of some evidence.

At trial, jurors must determine 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 school students spend hours studying. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. This is another complicated issue due to how severe your injuries are and the extent of your losses. Your lawyer will provide evidence, including expert testimony, about the severity of injuries as well as lost income and future earning potential, as well as your pain and suffering as well as impairment.

5. Settlement

Every state has a time limit that you must meet to resolve your claim or file an action. This is referred to as the statute of limitations. If your lawyer is not capable of negotiating a fair settlement with the insurance company, then you might need to file a car accident attorney lawsuit in court. It is costly and time-consuming. However, it is often necessary to seek compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and be present at hearings. Your lawyer will also submit legal documents, referred to as motions, requesting the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout this process. A lot of civil disputes are resolved before a trial is needed.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is solid and that you are willing to take the case to trial. In addition the settlement process is faster and less risky than a trial.

It is essential to fully comprehend your injuries prior to committing to an agreement. You should also have completed all medical treatments. If you sign a settlement prior to your doctor determining that you have reached the maximum medical improvement (MMI) it is possible to miss out on additional compensation. Don't sign a release until you have had a conversation with your lawyer and had full understanding of your damages. Your lawyer will ensure that you don't lose out on the valuable compensation. They will carefully examine your medical records and other documents to ensure that you get the full amount of damages for which you are eligible.