The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount you require for your injuries, our tenacious attorneys will prepare a formal demand letter. This will outline all the economic losses you have suffered such as medical bills and lost wages, and other damages that are not economic, like pain and suffering.

Then a judge or jury will take a call. If they decide in your favor you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves a car accident the proof of negligence is essential to obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident may aid your lawyer in determining what actually transpired in the collision, including the positions of both cars following the impact, skid marks, road debris and other evidence that is physical. Also, take note of the names and phone numbers of any witnesses who witnessed what occurred. Witnesses that testify to support your account of what transpired is vital especially as it can be common for drivers to have contradictory accounts of what happened that causes insurance companies to refuse to accept the claim, lawsuit or even deny the responsibility completely.

Medical records can also be utilized by your lawyer to demonstrate the extent of your injury. These records could include bills, receipts as well as lab results, diagnosis reports, discharge instructions, and other records. You should get these records as soon as you can and send copies to your medical professionals.

Another form of evidence that your attorney may make use of is a deposition which is an out-of-court testimonies given under oath and transcribed by a court reporter. Your lawyer could utilize this testimony to prove that your injuries had an immediate, obvious connection to the accident law firm. This is a good argument to support the need for compensation. The majority of the evidence listed above is available at the scene of the accident or soon after but some of it may not be available until later in the litigation. It's crucial to speak with a lawyer for car accidents with the right credentials immediately to begin an investigation while the evidence is in its most natural form.

2. How to file a complaint

When the dust has cleared and you've taken care of your injuries, it's time to seek out legal counsel from an expert. An attorney for car accidents will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is filing a complaint with the court. This document will outline your specific claims as well as the amount of money you want to recover in damages. The complaint is typically written by your attorney and filed with the court and served to the defendant.

The discovery phase starts and allows both parties to share information about their claims and defenses. The process can be lengthy and requires both sides to examine a variety of documents, including police reports witnesses' statements, police reports and medical records, as well as bills and more. Both sides can request interrogatories. These are a series of questions which the other side has to answer under oath in an agreed upon timeframe.

Throughout this stage, your lawyer will also work with doctors to ensure that they have a complete picture of the extent of your injuries and the impact they have affected your daily routine. Your attorney will then calculate your total damages, which will include future and past medical expenses loss of earnings, pain and suffering and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely to happen after discovery and before the trial. If the insurance company is unwilling to offer an acceptable settlement, or if the damage is significant and are not covered by insurance, then you could have to go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit the attorney representing you and the insurance company exchange information that could assist or derail your claim. Your attorney will request copies of the documents supporting your case, such as medical bills, police reports or work-related loss records (e.g. the records from your employer which reveals how long you missed work because of the accident), photographs of your vehicle as well as any damage or injuries or other pertinent financial information. Your lawyer will also make use of written discovery tools, such as interrogatories and requests for lawsuit production, as well as requests for admissions in order to question witnesses and parties who are not in the case.

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

Your Long Island car accident attorney will also depose witnesses and any other person with information about the damages or injuries you sustained that could be crucial to your case. In a deposition, the attorney representing the at-fault party will ask you several questions, and your answers will be recorded on video or translated by a court reporter.

These pre-trial investigation procedures are designed to assist your lawyer create a compelling case against the at-fault person and their insurance company in order to obtain an equitable settlement for all your injuries and losses, costs and expenses. Although there is no guarantee that every case will settle, the majority do either during or after the discovery process, which may be completed prior to the time your case is brought to trial.

4. Trial

The majority of car accidents are resolved through informal negotiations however, if you and your insurance company do not agree on who is at fault or how much compensation you are entitled to for your injuries, your case could go to trial. A trial is a formal proceeding where both sides present arguments and evidence to a factfinder who makes a decision that settles the issue. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any evidence supporting it including photos or videos of the scene of the accident or testimony from witnesses, medical professionals, or documents like police reports and bills. You can also testify about your memories of the incident, and how it affected your life. Expert witnesses can also provide testimony to support your assertions. The lawyer representing the defendant can interrogate witnesses and object to the admissibility of evidence.

In a trial, the jury must decide 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 students have to spend hours studying. Proximate causes analyzes the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you are entitled to. This is a thorny issue due to the severity of your injuries and the extent of your losses. Your attorney will present evidence, including expert testimony, regarding the severity of your injuries, lost income and future earning potential, as well your pain and suffering and impairment.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations where you have to settle your claim or file a lawsuit. If your lawyer can't negotiate a settlement with the insurance company, you may be required to bring a lawsuit to court. It is costly and time-consuming, however it is often necessary to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where each side exchanges information with each other). Your lawyer will also prepare legal documents, also known as motions, requesting the court to take actions such as excluding certain types evidence from trial. Settlement negotiations may continue throughout this process, and most civil disputes in car accidents settle before a trial is required to be held.

If they believe that your injury claim is solid and that you are willing to go to trial the insurance company will offer a fair settlement offer. Additionally settlement is quicker and less risky for them than a trial.

Before settling a settlement, it is important that you fully understand the extent of your injuries and that you have completed all medical treatments. If you sign a settlement before your doctor has determined that you have reached maximum medical improvement (MMI) and you are not able to miss out on additional compensation. You should also not sign an agreement until you have had a conversation with your lawyer and have an understanding of all losses. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will go through your medical records as well as other documentation, to ensure that you receive all the compensation you're entitled to.