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The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount of money you require for your injuries, our tenacious lawyers will draft an official demand letter. This will list all your financial losses, such as medical bills and lost wages, and non-economic damages like pain and suffering.

A jury or judge will then make a ruling. If they decide in your favor they will be able to award you damages, and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is essential to receive compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports, like police reports and other official reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually happened in the crash, including the position of both vehicles after impact, skid marks road debris, and other physical evidence. Take down the names and contact details of any witnesses who were present to witness the events. Having witnesses testify that corroborate your account of events is important particularly since it can be common for drivers to give contradicting accounts of what happened that can lead to insurance companies refusing to accept the claim, or even deny any responsibility at all.

Medical records can also be utilized by your lawyer to prove the severity of your injury. They could include receipts, bills laboratory results, diagnosis reports, discharge instructions and other records. You should get these records as soon as possible and provide copies to your healthcare providers.

Another type of evidence that your attorney may employ is a deposition which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. Your lawyer could use this testimony to establish your injuries have a direct, foreseeable link to the accident. This will help justify requesting compensation. While most of the above-mentioned types of evidence can be collected at the scene of the accident or within a short time after, some of them may not be accessible until later in the litigation process. It is essential to contact a lawyer for car accidents with the right credentials immediately to start an investigation while the evidence is in its most pure form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, you should seek legal advice from a professional. An attorney who has handled car accidents can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is filing a complaint with the court. The complaint will detail your specific claims and the amount you wish to recover in damages. The document is usually drafted by your attorney and filed with the court, and then served to the defendant.

This also initiates the discovery phase which allows both sides to exchange information and documents related to their defenses and claims. The process can be very long 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 is able to request interrogatories. These are a set of questions which the other side must answer under oath within the specified timeframe.

In this stage the lawyer will work with doctors to ensure they have a complete picture of the severity of your injuries as well as the impact they have affected your daily routine. Your attorney will then calculate the total damages you have suffered, which will include the past and future medical costs, lost earnings, pain and suffering, and more.

Sometimes, your lawyer could be able to reach an agreement with the at-fault driver's insurance company. This is more likely to occur following discovery and prior to trial. If the insurance company doesn't agree to a fair settlement, or if the damages are significant and not covered by insurance, then you might have to go to trial. A jury or judge will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident case. This is when your attorney and the negligent insurer for the driver exchange information that could support or undermine your claim. Your attorney will request copies of the documents supporting your case, such as medical bills, police reports, work loss records (e.g. the records from your employer showing how much time you missed work because of the accident attorneys) photos of your vehicle as well as any damages or injuries or other pertinent financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.

These discovery tools written in writing are exchanged back and forth between the attorneys on both sides. Written discovery tools allow the opposing side a chance to respond to questions in writing which must be answered under oath and to provide copies or other information which could be useful to you.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the accident, as well as any person who has information about your injuries or damages that could be relevant to your case. In a deposition, the lawyer representing the party at fault will ask you questions and your responses are recorded on video by the court reporter or translated.

The purpose of these pre-trial investigation procedures is to allow your lawyer to construct an argument that is convincing and persuasive to the party at fault and their insurance company so that you can get a full and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case but most will settle during or following the investigation process, which is often done prior to trial.

4. Trial

Trials can be arranged in situations when you and the insurance company do not agree on the source of your fault or the amount you should receive for your injuries. A trial is an official proceeding in which both parties argue and present evidence to an impartial factfinder who takes an decision on how to resolve the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any supporting evidence including photos or videos of the scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You may also testify about your personal memories of the incident and how it impacted your life. Expert witnesses can also testify to support your assertions. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's harm was the result of the defendant's negligent conduct. They will be examining proximate causes which is a tangled legal concept that lawyers spend countless hours studying in law school. Proximate cause considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. This is a more complicated matter due to the severity of your injuries and the extent of your losses. Your lawyer will present evidence, including expert testimony from a witness regarding the severity of your injuries, your loss of income, as well as future earnings potential, as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations, in which you must settle your claim or start a lawsuit. If your lawyer is not able to reach a settlement with the insurance company, you may be required to file a lawsuit in court. This could be a lengthy process and expensive, yet it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which both sides exchange information with each other). Your lawyer will also file legal documents called motions to ask the court for specific things such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are settled before a trial is necessary.

If they believe your injury claim is solid and you are willing to go to trial insurance companies will make a fair settlement offer. The settlement process is also faster and less risky than an in-court trial.

It is essential to be aware of your injuries prior to committing to an agreement. It is also important to have completed all medical treatment. If you sign a settlement before your doctor determines that you have reached maximum medical improvement (MMI) and you are not able to not receive additional compensation. Also, you should not sign a release until you have spoken with your lawyer and have an accurate understanding of your losses. Your lawyer will make sure that you don't lose out on the valuable compensation. They will look over your medical records, as well as other documentation to ensure that you receive all the compensation you're entitled to.