The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter in the event that the insurance company refuses to pay you the amount you need to cover your injuries. This letter will detail all of your financial losses such as medical costs and lost wages as well as non-economic damages like discomfort and pain.

A jury or judge will then come to a decision. If they make a decision in your favor, you will be awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit the proof of negligence and liability is essential to receive compensation for your injuries and losses. Collecting evidence is one the first steps of the litigation process. it requires gathering documents witnesses' testimony, photographs as well as official reports, such as police reports.

Photographs of the scene of the accident might aid your lawyer in determining what actually happened in the collision, including the positions of both vehicles after impact, skid marks, road debris, and other physical evidence. Also, take note of the names and contact information of any witnesses who witnessed the incident. It is important to have witnesses confirm the events occurred, as it can often happen that drivers offer contradictory information that can lead to insurance companies refusing or denial of the responsibility.

Medical records can also be used by your lawyer to demonstrate the extent of your injury. They could include bills, receipts, lab results, diagnosis reports, discharge instructions and other documents. It is essential to get these records as soon as you can and give copies to your medical professionals.

A deposition is yet another type of evidence that your attorney could use. It is an out-of court testimony under oath, which is then recorded by a Court Reporter. Your lawyer could use this evidence to prove your injuries have an obvious, predicable connection to the accident. This helps to justify the need for compensation. Although the majority of the above types of evidence can be taken at the scene of the accident law firm or shortly afterward however, some evidence may not be available until later in the litigation process. This is the reason it's essential to consult a highly-credentialed lawyer for car accidents as soon as you can so that they can begin investigating while vital evidence is still in its purest form.

2. Filing a complaint

When the dust has cleared and you have tended to your injuries, it's time to seek expert legal advice. A lawyer for car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint with the court. The complaint will detail your specific claims and the amount of money you'd like to claim in damages. The document is usually drafted by your attorney and filed with the court and served on the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and accident evidence related to their defenses and claims. The process can take a considerable time and both teams may need to review a lot of documents, including police records and witness statements. They might also have to look at medical records, bills, and other documents. Each side may request interrogatories. These are a series questions that the other side has to answer under oath within the specified timeframe.

In this phase, your lawyer will also collaborate with doctors to get the full picture of your injuries as well as the impact that they've caused on your life. Your lawyer will calculate the total damages. This will include future and past medical expenses as well as lost wages, suffering and pain, and much more.

Sometimes, your lawyer might be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely to occur following discovery, but before trial. If the insurance company is unable to offer a fair settlement or if you have incurred significant damages that are not covered by the insurance policy, the case may go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that may support or damage your claim. Your attorney will ask for documents that can support your case, including police reports, medical bills and work loss records (e.g. an email from your employer showing how long you missed work due to the accident) photos of your vehicle, any damage or injuries or other pertinent financial information. Your attorney will also make use of written discovery tools such as interrogatories or requests for production as well as requests for admissions to question witnesses and other parties who are not present in the case.

The written discovery tools are exchanged back and forth between attorneys of both sides. They provide the opposing party a chance to respond to questions in writing, which have to be sworn to under oath, and to supply copies of specific documents or other information that may be relevant to your case.

Your Long Island car accident attorney will also depose witnesses and anyone who has information regarding your injuries or damages that could be important to your case. During a deposition lawyer representing the party at fault will ask you several questions, and your responses will be recorded on video or transcribing by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to construct an argument that is persuasive and strong against the at-fault party as well as their insurer in order that you can receive an equitable and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases will settle but the majority settle at the end of or following the discovery process, which is often be completed before your case reaches trial.

4. Trial

Trials are a possibility in situations when you and the insurance company are not in agreement on the source of your fault or the amount you should be awarded for your injuries. A trial is an official process in which both sides argue and present evidence to an impartial factfinder who takes a decision to resolve the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any supporting evidence including photos or videos of the scene of the accident or testimony from witnesses, medical professionals, documents like police reports and bills. You can also testify regarding your personal memories of the incident and how it affected your life. Expert witnesses will also provide evidence to back up your claims. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of specific evidence.

The jury will decide at trial whether the plaintiff's injury was caused by the defendant's negligence. They will examine proximate causes, a complex legal concept that law students spend hours studying. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury is also required to decide how much compensation you will be awarded. This is another complicated issue due to the severity of your injuries and the severity of your losses. Your lawyer will present evidence, including expert testimony, about the severity of injuries that resulted in loss of income and earning potential, as well as your pain and suffering as well as impairment.

5. Settlement

Every state has a legal deadline, commonly referred to as the statute of limitations, where you have to settle your claim or bring a lawsuit. If your lawyer is unable to negotiate a settlement with your insurance company, you may be required to file a lawsuit in court. It can be expensive and time-consuming. However, it is often necessary to get compensation.

During this procedure during this process, your Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and attend hearings. Your lawyer will also prepare legal documents, also known as motions, requesting the court to do things like exclude certain types of evidence from trial. Settlement negotiations can be ongoing throughout the entire process, and a majority of civil disputes arising out of car accidents will end before a trial needs to be held.

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

Before agreeing to a settlement, it is essential to be aware of the extent of your injuries and completed all medical treatments. You could be denied additional compensation if you accept an offer of settlement until your doctor has determined that you have reached the level of medical improvement that is the highest. It is also important not to sign a release before you have spoken with your lawyer about the damages. Your attorney will ensure that you don't lose out on the valuable compensation. They will go through your medical records, as well as other documentation to ensure that you receive all of the damages for which you qualify.