The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you require for your injuries, our tenacious lawyers will draft an official demand letter. This letter will detail all of your financial losses like medical expenses and lost wages as and non-economic losses like pain and discomfort.

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

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is crucial to get compensation for your losses and injuries. The gathering of evidence is one of the first steps of the process of litigation, and it requires gathering documents including photographs, witness statements as well as official reports, such as police reports.

Photographs of the scene of the accident may assist your attorney in determining what happened during the accident, including the position of both vehicles after collision, skid marks, road debris and other physical evidence. Record the names and contact numbers of any eyewitnesses that witnessed the incident. Witnesses who testify to corroborate your account of what happened is crucial particularly since it can be common for drivers to have contradictory stories of what happened. This leads to insurance companies refusing to accept the claim or even denying responsibility completely.

Medical records can also be used by your lawyer in order to prove the severity of your injury. These documents could include receipts, bills, lab results, diagnosis reports, discharge instructions and other records. It is important to obtain these records as quickly as you can and send copies to your medical professionals.

Another type of evidence that your attorney might make use of is a deposition which is out-of-court testimony given under oath that is then transcribing by a court reporter. Your lawyer can utilize the testimony to prove that your injuries had an immediate and obvious connection to the accident which can help justify compensation for your losses. While most of the above-mentioned kinds of evidence can be gathered at the accident scene or shortly thereafter, some of them may not be available until later in the litigation process. This is why it's vital to speak with a well-credentialed car accident lawyer as soon as you can, so they can begin the investigation while the crucial evidence is in its most pure form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, it's time to seek professional legal advice. A car accident attorney can provide the expertise needed to help you obtain maximum compensation for your claim.

The first step is to file a complaint with the court. This document will outline your specific claims as well as the amount you want to recover in damages. This form is usually prepared by an attorney, and filed in the court. It is also given to the defendant.

This also triggers the discovery phase that allows both sides to exchange information and documents related to their claims and defenses. The process can be lengthy and requires both teams to examine a variety of documents, including police reports as well as witness statements, medical records, bills and much more. Each side may demand interrogatories. They are a series of questions the other party must answer under oath within a specified deadline.

In this phase, your lawyer will also collaborate with your doctor to get the full picture of your injuries and the impact they've had on your life. Your lawyer will then estimate the total damages you have suffered that will include the past and future medical costs, lost earnings, pain and suffering, and more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver at fault. It is likely to take place after the completion of discovery and before trial. If the insurance company does not agree to an equitable settlement, or if your losses are significant and are not covered by insurance, then you might need to go to trial. A jury or judge will make a final decision in the case based on all the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that could help or hurt your claim. Your attorney will ask for documents that can support your case, such as medical bills, police reports, work loss records (e.g. the records from your employer showing the amount of time you were absent from work due to the accident lawsuits) photographs of your car and any damage or injuries, and other relevant financial information. Your attorney could also make use of written discovery tools, such as interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

The written discovery tools are circulated back and forth between the attorneys of both sides. The written discovery tools provide the opposing side an opportunity to respond to questions in writing that need to be sworn to under oath, and to provide copies of other information which could be helpful to you.

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

The pretrial investigation process is designed to help your lawyer construct a compelling argument against the person at fault and their insurer to obtain an equitable settlement for all your losses, injuries, expenses and losses. There is no guarantee of a settlement in every case however, the majority of cases will settle during or following the investigation process, which is often done prior to trial.

4. Trial

The majority of car accident cases settle through negotiations outside of court, if you and the insurance company aren't in agreement on the cause or accident the amount you should receive for your injuries, your case may be heard in a trial. A trial is a formal process where both sides present arguments and evidence to a factfinder, who renders a verdict which settles the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will explain your story in opening statements to the jury along with any supporting evidence you have, such as photographs or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, and documents such as medical bills and police reports. You may also offer your testimony about your memories of the incident and how it has affected your life. Expert witnesses can also testify to support your assertions. The lawyer for the defendant can cross-examine witnesses and challenge to admissibility of some evidence.

The jury will decide during trial whether the plaintiff's injuries was caused by the defendant's negligence. They will examine proximate cause an intricate legal concept that lawyers spend countless hours studying during law school. Proximate cause considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you will be awarded. It's a difficult issue due to the extent of your injuries and the amount to which you've suffered. Your attorney will provide evidence which includes expert testimony regarding the severity of injuries loss of income, future earnings potential, as also the extent of your suffering and impairment.

5. Settlement

Every state has a deadline that you must meet to settle your claim or file an action. This is referred to as the statute of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you may have to file a car accident lawsuit in court. It is costly and time-consuming. However, it is often required to seek 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, which ask the court to do things like exclude certain types of evidence from trial. Settlement negotiations can continue throughout this process, and a lot of car accident civil disputes end before a trial needs to be held.

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

It is essential to understand your injuries before you agree to an agreement. You must have completed all medical treatments. If you settle before your doctor has determined that you have reached the maximum medical improvement (MMI), you could not receive additional compensation. Don't sign a contract before you have consulted with your lawyer regarding your damages. Your lawyer will make sure that you don't lose out on valuable compensation. They will carefully examine your medical records and other documents to make sure that you receive the total amount of damages for which you are eligible.