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The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount you require for your injuries, our hard-working attorneys will prepare a formal demand letter. This will list all your economic damages, such as medical bills and lost wages, as well as non-economic damages, such as pain and suffering.

Then a jury or judge will then make a decision. If they decide in your favor, they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

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

Your lawyer might be able to establish the circumstances of the accident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Record the names and contact details of any witnesses who saw what happened. Having witnesses testify that corroborate your account of what happened is crucial as it could be common for drivers to have conflicting stories of what happened. This causes insurance companies to refuse to accept the claim or denying responsibility altogether.

Other evidence that your lawyer could utilize include medical records. These could include receipts, bills diagnose reports, lab results, discharge instructions and other documentation that demonstrate the extent of your injuries. It is important to obtain these records as soon as possible and provide copies to your healthcare professionals.

Another form of evidence that your attorney may make use of is a deposition which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. The lawyer can use the testimony to establish the fact that your injuries had a direct and foreseeable connection to the crash which can help justify the compensation you deserve for your damages. While most of the above-mentioned kinds of evidence can be collected at the scene of the accident or shortly thereafter, some of it might not be accessible until later in the litigation process. This is why it's vital to talk to a reputable car accident lawyer as soon as possible so that they can begin the investigation when the evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal advice from an expert. A car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint in court, which outlines the specific claims you're making and the amount of money you're seeking in damages. The document is usually written by your attorney and filed with the court, and then served to the defendant.

This also triggers the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can take a long time, and both teams will need to review a lot of documents, including police records and witness statements. They might also have to look at medical documents as well as bills and other documents. Each side can request interrogatories. They are a set of questions which the other side must answer under oath in a specified time frame.

During this stage, you lawyer will also work closely with medical professionals to obtain a full picture of your injuries as well as the impact that they've had on your life. Your attorney will calculate your total damages. This will include future and past medical expenses and lost wages, as well as pain and suffering and more.

Sometimes, your lawyer may be able to negotiate an agreement with the responsible driver's insurance company. This is more likely to occur after discovery and before the trial. If the insurance company does not agree to an acceptable settlement, or if the damages are significant and are not covered by insurance, you may need to go to trial. A judge or jury will make a decision in the case based on all of the evidence presented.

3. Discovery

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

These discovery tools written in writing are exchanged back and forth between the attorneys from both sides. They give the opposing party a chance to respond to questions in writing, which need to be sworn to under oath, and to supply copies of certain documents or other data that may be relevant to your case.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the accident and anyone with information on your injuries or damages that could be relevant to your case. In a deposition, the lawyer representing the person at fault will ask you questions, and your answers will be recorded on video by a court reporter or transcribing.

The purpose of these pre-trial investigation procedures is to help your lawyer to create a strong and compelling case to the at-fault party and their insurer so that you can receive a fair and complete settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case however, the majority of cases do so after or during the investigation process, which is typically done prior to trial.

4. Trial

Trials are possible in cases where you and the insurance company do not agree regarding the fault of the other party or the amount of compensation you are entitled to for your injuries. A trial is an official proceeding in which both parties are required to argue their case and provide evidence before the factfinder, who makes a decision on how to settle the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial, your lawyer will provide your version of the events in opening statements to the jury, together with any evidence that you have, like pictures or videos of accident scene, witness testimony from witnesses and medical professionals, as well as documents like medical bills and police reports. 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 offer testimony to support your claims. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of specific evidence.

The jury will decide in the trial whether the plaintiff's injuries was the result of the defendant's negligent conduct. They will look at proximate cause an intricate legal concept that lawyers will spend many hours studying in law school. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you are entitled to. It's a difficult issue because it is contingent on the degree of your injuries and the amount to which you've suffered. Your attorney will present your evidence, including expert witness testimony regarding the severity of your injuries, your lost income, as well as future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a time limit within which you can resolve your claim or file a lawsuit. This is known as the statutes of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you might have to file a car accident lawsuit in the court. This could be a lengthy process and expensive, but it is usually required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a procedure that is formal in which both sides exchange information with each other). Your lawyer will also file legal documents, known as motions, which ask the court to take actions like exclude certain types of evidence from trial. Settlement negotiations may continue throughout this process. Many car accident attorneys civil disputes are settled before a trial is necessary.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is strong and that you'll be willing to take the case to trial. Additionally, settlement is quicker and less risky than a trial.

Before settling on the settlement, it's important that you fully understand the severity of your injuries and completed all medical treatment. If you sign a settlement before your doctor has determined you have reached maximum medical improvement (MMI) it is possible to not receive additional compensation. Don't sign a settlement agreement before you have spoken to your lawyer regarding your damages. Your lawyer will ensure that you don't miss out on a substantial amount of compensation. They will carefully review your medical records and other documentation to ensure that you receive the total amount of damages to which you are eligible.