The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you need for your injuries, our persistent lawyers will draft an official demand letter. This will include all of your financial losses such as medical bills and lost wages, as well as non-economic damages, such as suffering and pain.

A jury or judge will then take a call. If they decide in your favor they will make you a victim and the defendant must pay them.

1. Gathering Evidence

In a lawsuit for a car accident the proof of negligence and liability is essential to receive compensation for your injuries and losses. Gathering evidence is among the first steps in the litigation process, and it involves gathering evidence, documents including photographs, witness statements as well as official reports, such as police reports.

Photographs of the scene of the accident can help your attorney establish what actually transpired in the accident, including the position of both cars following the impact, skid marks road debris, and other physical evidence. Also, keep track of the names and contact details of any witnesses who were present at what transpired. Witnesses that testify to support your account of events is important, especially since it can be common for drivers to give contradicting stories of what happened. This can lead to insurance companies refusing to accept the claim or denying responsibility completely.

Other types of evidence your lawyer might use include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge guidelines, and other evidence that proves the severity of your injuries. You should obtain these documents as soon as you can and be sure to send copies to your healthcare providers.

Another form of evidence your attorney might use is a deposition, which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. Your lawyer could use the testimony to prove that your injuries had an immediate and predicable connection to the crash and, therefore, can justify the need for compensation for your injuries. While the majority of the above kinds of evidence can be taken at the scene of the accident or shortly thereafter but some of the evidence might not be accessible until later in the litigation process. This is why it's vital to speak with a well-credentialed lawyer for car accidents as soon as you can so that they can begin an investigation as evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you've treated your injuries, it's the time to seek legal advice from a professional. An attorney for car accidents will provide the knowledge and expertise to help you get the most compensation for your claim.

The first step is filing a complaint with the court. It will describe your specific claims and the amount of money you want to recover in damages. The document is usually written by your lawyer and filed with the court, and then served to the defendant.

The discovery phase begins with both parties able to exchange information regarding their claims and defenses. The process can take a long time and requires both sides to review many documents, including police reports as well as witness statements and medical records, as well as bills and more. Each side can request interrogatories, which are a series of questions the other party must answer under oath, within a specific time frame.

In this phase the lawyer will work with doctors to ensure they have a complete picture of the severity of your injuries and the impact they have had on your daily life. Your lawyer will then calculate the total damages you have suffered including past and future medical expenses loss of earnings, pain and suffering and much more.

Sometimes, your lawyer could be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely to happen following discovery, but before trial. If the insurance company does not agree to a fair settlement or if your losses are significant and are not covered by insurance, then you could need to go to trial. A judge or jury will make a decision in the case based on the evidence presented.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident in which your attorney and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents to support your claim. These documents include police reports as well as medical bills and work loss documents from your employer (showing how much time you missed due to the accident), photos of your vehicle, any injuries or damages as well as other financial data. Your attorney may also employ written discovery tools, such as interrogatories or requests for production as well as request for admissions to question witnesses and other parties who are not part of the case.

These tools for writing discovery are exchanged between attorneys from both sides. They provide the opposing party the chance to respond to questions in writing, that must be answered under oath and to supply copies of certain documents or other data that could be useful to your case.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding your injuries or damages that could be crucial to your case. In a deposition, the lawyer for the person who is at fault will ask you several questions, and your answers will be recorded on video or transcribing by a court reporter.

These pretrial investigation procedures are designed to assist your lawyer build a compelling argument against the person at fault and their insurance company in order to secure a fair settlement for all your losses, injuries or losses, as well as expenses. While there is no guarantee that all cases settle however, the majority of cases settle at the end of or following the discovery process, which is often be completed before your case reaches trial.

4. Trial

The 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 you should receive for your injuries, your case may go to trial. A trial is a formal proceeding where both parties are required to present their arguments and evidence to a factfinder who makes a decision on how to settle the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any supporting evidence including photos or videos of the accident scene 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 testify to back your claims. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of evidence.

In a trial, the jury will decide if the plaintiff's injuries were caused by the negligence of the defendant. They will be looking at the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also decide how much compensation you will be awarded. It's a difficult issue due to the severity of your injuries and the extent to which you've suffered. Your attorney will present your evidence which includes expert witness testimony on the severity of your injuries, your lost income, and your future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state has a deadline that you must meet to settle your claim, or even file a lawsuit. This is known as the statute of limitations. If your lawyer cannot negotiate a settlement with the insurer, you might have to file a lawsuit in court. This could be a lengthy process and costly, but it is often necessary to pursue compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where both sides exchange information with each other). Your lawyer will also file legal documents referred to as motions to ask the court for things like the exclusion of certain types of evidence during trial. Settlement negotiations can continue throughout the process, and a lot of civil disputes arising from car accidents end before a trial is required to be held.

If they feel that your injury claim is solid and you are willing to go to trial the insurance company will offer a fair settlement offer. The settlement process is also more efficient and less risky than the court trial.

It is essential to be aware of your injuries before you agree to an agreement. You must have completed all medical treatment. You could lose out on additional compensation if you accept the settlement before your doctor has determined that you have reached the maximum medical improvement. You should also not sign a release before you have spoken with your lawyer about your damages. Your attorney will ensure that you do not lose out on the valuable compensation. They will carefully examine your medical records and other evidence to ensure that you get the full amount of damages for that you are eligible.