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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if an insurance company refuses to pay you the amount you need for your injuries. The letter will list all of your financial damages like medical expenses and lost wages as well as non-economic damages like pain and discomfort.

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

1. Gathering Evidence

In a lawsuit involving an accident in the car, proving negligence is crucial in obtaining compensation for your injuries. The gathering of evidence is one of the first steps in the litigation process, and it requires gathering documents such as photographs, witness testimony, and official reports, such as police reports.

Photographs of the scene of the accident could aid your lawyer in determining what happened during the collision, including the positions of both cars after collision, skid marks, road debris, and other physical evidence. Also, note the names and phone numbers of any eyewitnesses who saw what happened. It is important to have witnesses to verify the events that occurred, as it can often happen that drivers give contradictory statements that result in insurance companies denying or refusing liability.

Other evidence forms your lawyer may use include medical records, which can include bills, receipts diagnose reports, lab results, discharge instructions, and other documents that show the extent of your injuries. You should get these documents as soon as you can, and make sure to give copies to your medical professionals.

Another type of evidence that your attorney could utilize is a deposition, which is an out-of court testimony delivered under oath, and then transcribed by a court reporter. Your lawyer could use the testimony to prove the fact that your injuries had an immediate and predicable connection to the accident attorneys and can be used to justify compensation for your losses. While most of the above-mentioned kinds of evidence can be collected at the scene of the accident or soon afterward but some of the evidence might not be accessible until later in the litigation process. It's crucial to speak with a car accident lawyer with the right credentials immediately so that they can begin an inquiry when the evidence is in its most pure form.

2. Making a Complaint

When the dust has cleared and you have tended to your injuries, it's the time to seek professional legal advice. A lawyer for car accidents can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with the court. The complaint will detail your specific claims and the amount 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 share information about their defenses and claims. The process can be lengthy and requires both sides to go through a myriad of documents including police reports and witness statements and medical records, as well as bills and more. Each side can require interrogatories. These are a series of questions that the other party must answer under oath within a specified timeframe.

In this phase, your lawyer will also work with medical professionals to ensure they have a complete understanding of the severity of your injuries and the impact they have had on your daily life. Your lawyer will determine your total damages. This will include future and past medical expenses including lost wages, the pain and suffering of others, and many more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver at fault. It is likely to be the case following the completion of discovery, but before trial. If the insurance company refuses a fair settlement, or if your losses are important and not covered by insurance, then you may be required to go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial step in any car accident lawsuit case. This is the time when your attorney and negligent insurer for the driver exchange information that can support or derail your claim. Your attorney will request copies of documents that support your case, including medical bills, police reports and work loss records (e.g. an email from your employer indicating how much time you missed work due to the accident) photos of your vehicle and any damage or injuries and other financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to inquire about witnesses and parties who are not present.

These written discovery tools are exchanged between attorneys from both sides. They give the opposing party the chance to respond to questions in writing, which must be sworn to under oath, and to provide copies of certain documents or other information which could be beneficial to your case.

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

These pre-trial investigation procedures are designed to help your lawyer construct a compelling argument against the person at fault and their insurer to secure an equitable settlement for all your losses, injuries and losses, costs and expenses. There is no assurance of a settlement in each case, but the majority of them will settle during or following the investigation process, which is often completed before the trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations, if you and the insurance company aren't in agreement on the cause or the amount of compensation you are entitled to for your injuries, your case could be heard in a trial. A trial is a formal process in which both sides present arguments and evidence to a factfinder who issues a decision that settles the issue. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will be able to provide your version of the events in your opening statements to the jury along with any supporting evidence that you have, like pictures or videos of accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents such as police reports and medical bills. You may also testify on your memories of the incident, and how it affected your life. Expert witnesses will also provide evidence to back up your assertions. 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 reckless behavior. They will look at proximate cause which is a complex legal concept that lawyers will spend many hours studying in law school. Proximate cause examines how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury must also decide how much compensation you should receive. It is also a complicated issue because it is contingent on the severity of your injuries and the amount to which you've suffered. Your attorney will provide evidence including expert testimony about the severity of injuries that resulted in loss of income and earning potential, as well your pain and suffering and impairment.

5. Settlement

Each state has a specific deadline within which you can settle your claim, accidents or even file a lawsuit. This is referred to as the statute of limitations. If your lawyer is unable to negotiate a settlement with your insurer, you could be required to start a lawsuit in the courtroom. It can be expensive and time-consuming. However, it is usually required to obtain compensation.

During this process during this process, your Long Island personal injury lawyer will participate in discovery (a formal process in which each party exchanges information with the other side) and also attend hearings. Your attorney will also make legal filings, also known as motions, asking the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can go on throughout the process, and most civil disputes in car accidents settle before a trial is required to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is solid and that you will be willing to go to trial. Settlement is faster and less risky compared to a court trial.

It is vital to fully understand the extent of your injuries prior to agreeing to the settlement. You should also have completed all medical treatments. If you settle before your doctor has determined you have reached your maximum medical improvement (MMI) it is possible to miss out on additional compensation. Don't sign a release until you have met with your lawyer and received full understanding of your damages. Your lawyer will make sure that you don't lose out on a significant amount of compensation. They will review your medical records as well as other documentation, to ensure that you are entitled to all the damages that you are entitled to.