The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if the insurance company refuses to provide you with the amount you're entitled to for your injuries. This will include all of your financial losses, such as medical bills and lost wages, and non-economic damages, such as suffering and pain.

A judge or jury will then come to a decision. If they rule in your favor, 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 receive compensation for your injuries. The gathering of evidence is one of the first steps in the process of litigation, and it involves gathering documents such as photographs, witness testimony as well as official reports, such as police reports.

Your attorney may be able to determine what transpired in the accident by taking photos of the scene, including skid marks or road debris, as well as other physical evidence. Also, take note of the names and contact details of any witnesses who witnessed the incident. Witnesses that testify to support your version of events is important as it could be common for drivers to have contradictory versions of what transpired, which results in insurance companies refusing to accept the claim or denying the responsibility completely.

Other types of evidence your lawyer may use include medical records, which could include bills, receipts and diagnosis reports, laboratory results, discharge instructions, and other evidence that proves the extent of your injuries. You should obtain these records as quickly as you can and send copies to your healthcare providers.

A deposition is another form of evidence that your attorney may use. It is a non-in court statement made under oath, which is then transcribed by a Court Reporter. The lawyer can make use of this testimony 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 gathered at the site of the accident or soon after but some of it may not be available until much later in the legal process. This is why it's crucial to speak with a well-credentialed car accident lawyer as soon as possible so that they can begin an investigation while vital evidence is still in its purest form.

2. Filing a Complaint

Once the dust has sunk and you've taken care of your injuries, it's the time to seek professional legal advice. An attorney who has handled car accidents will provide the knowledge and expertise to ensure that you receive maximum compensation for your claim.

The first step is filing a complaint with the court. This will outline your specific claims and the amount of money you want to recover in damages. The document is usually drafted by your lawyer and filed with the court and served on the defendant.

The discovery phase begins by allowing both parties to exchange information regarding their claims and defenses. The process can take a considerable time, and both teams will require a thorough review of documents, including police records and witness statements. They might also need to look at medical documents and bills as well as other documents. Each side may request interrogatories. They are a set of questions which the other side has to answer under oath in the timeframe specified.

In this phase your lawyer will collaborate with doctors to ensure that they have a complete understanding of the extent of your injuries and the impact they have affected your daily routine. Your lawyer will then estimate your total damages that will include the future and past medical expenses and lost earnings, as well as pain and suffering 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 more likely to occur after discovery and before the trial. If the insurance company doesn't agree to a fair settlement, or if the damages are significant and not covered by insurance, then you could need to go to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit where your lawyer and the insurance company exchange information that may assist or derail your claim. Your attorney will request copies of documents to support your case. This includes police reports, medical bills and work loss documents from your employer (showing the length of time you missed due to the accident), photos of your vehicle as well as any injuries or damages and other financial details. Your lawyer will also make use of written discovery tools such as interrogatories and requests for production, as well as requests for admissions to interview witnesses and parties who are not in the case.

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

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident lawsuits as well as anyone with information on your injuries or damages that could be important to your case. During a deposition, the lawyer representing the party at fault will ask you several questions, and your responses will be recorded on video or transcribed by a court reporter.

The purpose of these pre-trial investigation procedures is to allow your lawyer to construct an effective and convincing argument to the responsible party and their insurance company so that you are able to secure an equitable and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases settle however, the majority of cases settle during or after the discovery process, which can often be completed before the case goes to trial.

4. Trial

Although the majority of car accidents settle through negotiations outside of court If you and the insurance company aren't in agreement on the cause or the amount you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder who issues a decision which settles 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 opening statements to the jury along with any supporting evidence that you have, like images or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You may also testify on your memory of the incident, and how it impacted your life. Expert witnesses are also able to testify in support of your assertions. The attorney representing the defendant may cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's harm was the result of the defendant's negligence. They will consider the proximate cause, a complicated legal concept that law students will spend hours studying. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you are entitled to. It is also a complicated issue because it depends on the severity of your injuries as well as the amount to which you've suffered. Your attorney will present your evidence, including expert witness testimony on the severity of your injuries, your lost income, as well as future earnings potential and your pain and suffering, disfigurement, and impairment.

5. Settlement

Every state has a time limit within which you can settle your claim or file an action. This is known as the statutes of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you might have to file a car accident lawsuit in court. It can be expensive and time-consuming, however it is usually required to obtain compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where each side exchanges information with each other). Your lawyer will also file legal documents known as motions asking the court for certain things, such as the exclusion of certain kinds of evidence during trial. Settlement negotiations may continue throughout the process, and many civil disputes in car accidents settle before a trial can be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and you'll be willing to go to trial. Additionally, the settlement process is quicker and less risky than a trial.

It is crucial to be aware of your injuries prior to committing to the settlement. It is also important to have completed all medical treatment. If you agree to a settlement before your doctor determines that you have reached the maximum medical improvement (MMI) and you are not able to be denied additional compensation. It is also important not to sign a settlement agreement before you've spoken with your lawyer about the damages. Your attorney will ensure that you don't be denied compensation that is valuable. They will look over your medical records, as well as other documentation to ensure that you receive all the compensation you're entitled to.