The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official letter of demand if the insurance company refuses to pay the amount you need to cover your injuries. It will detail all the economic losses you have suffered, such as medical bills and lost wages, as well as other damages that are not economic, like pain and suffering.

Then a judge or jury will decide. If they rule to your advantage you will be awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving negligence and liability is key to obtaining compensation for your losses and 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 lawyer might be able to determine the circumstances of the accident by taking photos of the scene, which include skid marks or road debris, as well as other physical evidence. Take down the names and phone numbers of any eyewitnesses that witnessed the events. Having witnesses testify that corroborate your version of what transpired is vital as it could be common for accidents drivers to have conflicting reports of what happened, which leads to insurance companies refusing to accept the claim or even denying the responsibility completely.

Medical records can also be used by your lawyer to demonstrate the extent of your injury. These documents may include bills, receipts and lab results, diagnose reports, discharge directions and other documentation. You should obtain these records as soon as you can and ensure that you send copies to your healthcare professionals.

Another form of evidence that your attorney could make use of is a deposition which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. Your lawyer can make use of the testimony to prove that your injuries have had a direct and foreseeable connection to the accident and, therefore, can justify the need for compensation for your injuries. Most of the evidence discussed above can be obtained at the site of the accident or soon after however, some might not be available until much later in the legal process. This is the reason it's essential to contact a reputable car accident lawyer as soon as you can, so they can begin the investigation as evidence is in its most pure form.

2. Filing a complaint

Once the dust has sunk and accidents you have tended to your injuries, it's the time to seek legal advice from a professional. A lawyer for car accidents can provide the expertise needed to help you get the most compensation for your claim.

The first step is filing an application with the court. The complaint will detail your specific claims and the amount you'd like to claim in damages. The complaint is typically written by your attorney, and then filed with the court and then served on the defendant.

The discovery phase begins and allows both parties to exchange information regarding their defenses and claims. The process can be very long and requires both sides to look over a number of documents, including police reports as well as witness statements medical records, bills and much more. Each side may demand interrogatories. They are a series of questions the other party must answer under oath within a set date.

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

Your lawyer may be able come to a settlement agreement with the insurance company of the driver who is at the fault. This is likely to be the case following the completion of the discovery process and prior to trial. However, if the insurance company refuses to negotiate a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, your case may go to trial. A jury or judge will make a final decision in the case based on the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident attorneys lawsuit, where your attorney and the insurance company exchange information that may support or damage your claim. Your attorney will request documents that can support your case, including medical bills, police reports, work loss records (e.g. documents from your employer showing how long you missed work because of the accident), photographs of your vehicle and any injuries or damages, and other relevant financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to question parties and witnesses who are not present.

These tools for writing discovery are used to exchange information between attorneys on both sides. They give the opposing side an opportunity to reply to questions in writing, that must be sworn to in oath and to provide copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident lawyer will also take depositions of witnesses to the collision and also anyone who has information about your injuries or damages that could be relevant to your case. During a deposition, the lawyer for the person who is at fault will ask you an array of questions and your answers will be recorded on video, or transcribed by a court reporter.

The goal of these pre-trial investigation procedures is to allow your lawyer to create an argument that is persuasive and strong to the at-fault party and their insurer in order that you are able to secure an adequate and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case however the majority of cases do so after or during the investigation process, which usually completed prior to the trial.

4. Trial

Although the majority of car accidents are settled through informal negotiations, if you and the insurance company disagree about fault or how much compensation you are entitled to for your injuries, the case may go to trial. A trial is a formal hearing in which both sides present arguments and evidence to a factfinder, who makes a ruling that settles the dispute. In personal injury cases the factfinder is typically a jury.

During the trial the lawyer will present your version of events in your opening statements to the jury along with any supporting evidence you have, such as pictures or videos of accident scene, testimony from people who witnessed the accident and medical professionals, and documents such as police reports and medical bills. You may also offer your testimony regarding your memories of the incident and how it had an impact on your life. Expert witnesses are also able to testify in support of your claims. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of certain evidence.

At trial, the jury will decide whether the plaintiff's injuries were the result of the negligence of the defendant. They will be looking at proximate causes, a complex legal concept that law school students spend hours studying. Proximate cause examines the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. It's also a complex issue due to the degree of your injuries and the amount to which you've suffered. Your attorney will provide evidence, including expert testimony, about the severity of your injuries loss of income, future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Each state has a specific legal deadline, commonly referred to as the statute of limitations in which you must settle your claim or bring a lawsuit. If your lawyer is unable to reach a settlement with the insurer, you may have to file a lawsuit in court. It can be costly and time-consuming, but it is often necessary to get compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where each side exchanges information with the other). Your attorney will also file legal documents, known as motions, requesting the court to do things such as excluding certain types evidence from trial. Settlement negotiations can go on throughout this process, and many civil disputes arising out of car accidents will end before a trial can be held.

If they believe that your injury claim is valid and you are willing to go to trial Insurance companies will offer an appropriate settlement offer. The settlement process is also quicker and less risky than the court trial.

Before settling on a settlement, it is important that you fully understand the extent of your injuries. You must also have completed all medical treatments. If you accept a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI) then you could be denied additional compensation. Don't sign a release until you've talked to your lawyer and had an accurate understanding of your losses. Your lawyer will ensure you do not be denied compensation that is valuable. They will review your medical records, and other documents, to ensure that you are entitled to all of the damages for which you qualify.