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The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if the insurance company refuses to pay you the amount you need to cover your injuries. The letter will outline all of your financial losses such as medical expenses, lost wages, as in addition to non-economic damages like pain and discomfort.

Then a jury or judge will take a call. If they rule in your favor they will make you a victim and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving negligence and liability is crucial to get 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 including police reports and other official reports.

Your attorney may be able to determine what transpired in the incident by taking photographs of the scene, including skid marks road debris, skid marks and other physical evidence. Note down the names and contact numbers of any eyewitnesses that witnessed what happened. Witnesses who testify that confirm your version of the events is essential especially as it can be common for drivers to have contradictory reports of what happened, which results in insurance companies refusing to accept the claim or deny responsibility altogether.

Medical records can also be used by your lawyer to prove the severity of your injuries. They could include bills, receipts and lab results, diagnose reports, discharge instructions, and other documentation. It is important to obtain these records as soon as you can and send copies to your healthcare professionals.

A deposition is a different type of evidence your lawyer could utilize. It's an out-of court testimony given under oath and later transcribed by a Court Reporter. Your lawyer can utilize this testimony to prove that your injuries had an obvious, predicable connection to the accident. This can be used to justify the need for compensation. The majority of the evidence mentioned above can be collected at the site of the accident or within a short time, but some may not be available until much later in the legal process. It's important to contact an attorney in the case of a car crash with the appropriate credentials as soon as you can so they can begin an investigation while the evidence is still in its purest form.

2. Filing a Complaint

Once the dust has settled and you have tended to your injuries, it's the time to seek expert legal advice. An attorney who has handled car accidents can provide the necessary expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with court, which details the specific claims you have filed and the amount of money you are seeking in damages. This type of document is typically drafted by an attorney and filed in the court. It will also be served on the defendant.

It also kicks off the discovery phase that allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can take a long time and both teams may have to look over a variety of documents, including police records and witness statements. They may also have to examine medical records and bills as well as other documents. Each side can request interrogatories. These are a set of questions that the other side must answer under oath within the timeframe specified.

In this phase, your lawyer will also work closely with your doctor to get a full picture of your injuries and the impact they've caused on your life. Your lawyer will determine your total damages. This will include past and upcoming medical expenses, lost wages, suffering and pain and suffering, and more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver who is at fault. This is more likely to occur following discovery and prior to trial. If the insurance company is unable to offer a fair settlement or if you've incurred significant losses that aren't covered by the insurance policy, your case may go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an essential step in any car accident attorney case. This is where your attorney and the negligent insurer for the driver exchange information that could support or undermine your claim. Your attorney will request copies of documents that support your case. This includes police reports as well as medical bills and work loss documents from your employer (showing the amount of time you've missed due to the accident) photos of your vehicle and any damages or injuries, and accidents other financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to ask questions of parties and witnesses who are not present.

These tools for discovery in writing are circulated back and forth between attorneys from both sides. The written discovery tools provide the opposing party a chance to answer questions in writing which must be answered under oath and to provide copies or other information that might be useful to you.

Your Long Island car accident lawyer will also take depositions of witnesses to the accident and also anyone with information regarding your injuries or damages that could be pertinent to your case. During a deposition the lawyer of the at-fault person will ask you questions and your responses are recorded on video by a court reporter or transcribed.

The pretrial investigation process is designed to help your lawyer develop a convincing case against the at-fault person and their insurance company in order to negotiate a fair settlement for all of your injuries, expenses and losses. There is no assurance of a settlement in each case but the majority of them occur during or after the investigation process, which usually concluded prior to the trial.

4. Trial

Although the majority of car accidents settle through negotiations outside of court If you and the insurance company disagree about fault or how much compensation you are entitled to for your injuries, your case may go to trial. A trial is a formal proceeding where both sides submit arguments and evidence to a factfinder, who renders a verdict which settles the dispute. In personal injury cases the factfinder will usually be 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 as well as testimony from witnesses and medical professionals, or documents like police reports and bills. You can also testify about your personal memories of the incident and how it impacted your life. Expert witnesses can also provide evidence to support your claims. The lawyer representing the defendant can interrogate witnesses and object to the admissibility or validity of certain evidence.

At trial, the jury has to determine if the plaintiff's injuries were caused by the defendant's negligence. They will be examining proximate causes which is a tangled legal concept that lawyers have to spend many hours studying in law school. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine how much damages you should receive. This is a more complicated matter because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will present evidence, including expert testimony, regarding the severity of your injuries loss of income, future earnings potential, as also the extent of your suffering and impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations where you have to settle your claim or bring a lawsuit. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you may be required to file a vehicle accident lawsuit in the court. It can be costly and time-consuming. However, it is often necessary to seek compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and will attend hearings. Your lawyer will also prepare legal documents, also known as motions, asking the court to do things such as excluding certain types evidence from trial. Settlement negotiations may continue throughout this process. A lot of civil disputes are resolved before a trial is needed.

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

Before agreeing to a settlement, it is crucial to fully comprehend the extent of your injuries. You must also have completed all medical treatment. If you accept a settlement prior to your doctor determining that you have reached your maximum medical improvement (MMI) then you could be denied additional compensation. Don't sign a release until you've met with your lawyer and gained an accurate understanding of your losses. Your lawyer will ensure that you don't miss out on valuable compensation. They will scrutinize your medical records and other documents to ensure that you receive all compensation you're entitled to.