The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount you need to cover your injuries, our determined lawyers will draft an official demand letter. It will detail all the economic losses you have suffered including medical expenses and lost wages, as well as non-economic damages, like pain and suffering.

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

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is the most important aspect to obtain compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports like police reports, and other official reports.

Photographs of the scene of the accident could assist your attorney in determining what happened during the accident, including the position of both cars after collision, skid marks, road debris and other physical evidence. Also, take note of the names and contact numbers of any witnesses who were present at the incident. Witnesses that testify to support your account of the events is essential especially as it can be common for drivers to give contradicting versions of what transpired, which results in insurance companies refusing to accept the claim or denying responsibility completely.

Medical records can also be used by your lawyer in order to prove the severity of your injuries. They could include receipts, bills, lab results, diagnosis reports, discharge instructions and other documents. It is essential to get these records as soon as you can, and also provide copies to your healthcare providers.

Another form of evidence your attorney could employ is a deposition which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer could make use of the testimony to prove that your injuries had an immediate and obvious connection to the accident and, therefore, can justify the need for compensation for your injuries. Although the majority of the above types of evidence can be gathered at the accident scene or shortly afterward but some of the evidence might not be available until later in the litigation process. This is why it's crucial to contact a reputable car accident lawyer as soon as possible so that they can begin investigating while vital evidence is still in its purest form.

2. Making a complaint

After the dust has settled and you've taken care of your injuries, it's best to seek legal guidance from an expert. A car accident attorney can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint in court, which details the specific claims that you have filed and the amount you're seeking in damages. The complaint is typically written by your attorney and filed with the court and served to the defendant.

The discovery phase begins, allowing both parties to exchange information regarding their defenses and claims. The process can be very long and requires both sides to look over a number of documents, including police reports witnesses' statements, police reports 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 set deadline.

In this phase, your lawyer will also collaborate with doctors to gather an accurate picture of your injuries as well as the impact they've caused on your life. Your lawyer will then calculate your total damages that include the past and future medical costs, lost earnings, pain and suffering, and more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver at the fault. This is likely to take place after the completion of the discovery process and prior to trial. If the insurance company is unwilling to offer an acceptable settlement, or if your damages are substantial and not covered by insurance, then you may need to go to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that may assist or derail your claim. Your attorney will ask for copies of the documents supporting your case, including medical bills, police reports, work loss records (e.g. an email from your employer indicating how long you missed work because of the accident) photographs of your vehicle, any injuries or damages as well as other financial information. Your attorney may also employ written discovery tools such as interrogatories and requests for production to question witnesses and parties who are not present.

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

Your Long Island car accident lawyer will also take depositions of witnesses to the accident, as well as anyone who has information about your injuries or damages that could be relevant to your case. During a deposition, the lawyer representing the party at fault will ask you questions, and your answers could be recorded on video by an official court reporter or recorded.

These pretrial investigation processes are designed to help your lawyer create a compelling case against the person who is at fault and their insurer in order to get a fair settlement for all of your damages as well as losses, expenses and costs. There is no assurance of a settlement in each case but most occur during or after the investigation process, which is typically completed before the trial.

4. Trial

Although the majority of car accident cases are resolved through informal negotiations, if you and the insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, the case may go to trial. A trial is a formal proceeding where both sides present arguments and evidence to a factfinder, who issues a decision which settles the dispute. In personal injury cases the factfinder is typically a jury.

During the trial, your lawyer will present your version of events in opening statements to the jury, along with any supporting evidence you have, such as photographs or videos of the accident; Recommended Webpage, scene, testimony from people who witnessed the accident and medical professionals, as well as documents such as police reports and medical bills. You can also offer testimony regarding your memory of the incident and how it has had an impact on your life. Expert witnesses can also give evidence to support your claims. The attorney for the defendant can interrogate witnesses and contest the admissibility of specific evidence.

At trial, the jury must decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will examine proximate cause which is a complex legal concept that lawyers spend many hours studying in law school. Proximate cause considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. This is a thorny issue due to how severe your injuries are and the severity of your losses. Your attorney will provide evidence including expert testimony regarding the severity of injuries as well as lost income and future earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Each state has a specific deadline within which you can settle your claim or file an action. This is referred to as the statute of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you might need to file a car accident lawsuit in the court. It is costly and time-consuming, but it is often necessary to seek compensation.

During this process, your Long Island personal injury lawyer will be involved in discovery (a formal process in which parties exchange information with the other side) and will attend hearings. Your lawyer will also file legal documents, known as motions, asking the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout the process, and a majority of car accident civil disputes end before a trial needs to be held.

If they believe that your injury claim is legitimate and you are willing to go to trial Insurance companies will offer a fair settlement offer. In addition the settlement process is faster and less risky for them than a trial.

Before settling an agreement, it's crucial to fully comprehend the extent of your injuries and have completed all medical treatment. It is possible to lose additional compensation if settling the settlement before your doctor has concluded that you have reached the point of maximum improvement. 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 miss out on a substantial amount of compensation. They will carefully review your medical records and other evidence to ensure that you receive the full amount of damages to which you are eligible.