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The First Steps in Car Accident Litigation

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

A judge or jury will then come to a decision. If they decide in your favor they will give you damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in the car the proof of negligence is essential to receive compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports including police reports and other official reports.

Photographs of the scene of the accident might help your attorney establish what actually transpired during the crash, including the position of both cars following the collision, skid marks, road debris and other evidence that is physical. Record the names and contact information of any eyewitnesses that witnessed what happened. Witnesses that testify to support your account of what happened is crucial especially as it can be common for drivers to have contradictory stories of what happened. This causes insurance companies to refuse to accept the claim, or even deny responsibility altogether.

Other evidence forms your lawyer might use include medical records, which could include bills, receipts, diagnosis reports, lab results, discharge instructions, and other documents that show the extent of your injuries. You should obtain these records as soon as you can, and also provide copies to your healthcare providers.

A deposition is another form of evidence your lawyer may utilize. It is an out-of court statement made under oath, which is then translated by a court reporter. Your lawyer may make use of the testimony to prove that your injuries have a direct and foreseeable connection to the accident and, therefore, can justify the need for the compensation you deserve for your damages. Most of the evidence mentioned above can be collected at the site of the accident or soon after however some evidence may not be available until much later in the litigation. This is the reason it's essential to consult a highly-credentialed car accident lawyer as soon as you can, so they can begin an investigation while the crucial evidence is in its purest form.

2. Making a Complaint

Once the dust has settled and you've treated your injuries, it's the time to seek out legal counsel from an expert. A car accident attorney will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint in court, which outlines the specific claims you're bringing and the amount of money you're seeking in damages. The document is usually drafted by your attorney and filed with the court, and then served 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 take a considerable time and both teams will require a thorough review of documents, including police records and witness statements. They might also need to look at medical records and bills as well as other documents. Both sides can request interrogatories. These are a set of questions that the other side must answer under oath in the specified timeframe.

In this phase, your lawyer will also collaborate with doctors to get the full picture of your injuries as well as the impact they've affected your life. Your lawyer will estimate the total damages. This includes future and past medical expenses, lost wages, suffering and accident pain and suffering, and more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver at fault. This is more likely after discovery and before the 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 have to go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and the negligent insurer for the driver exchange information that can support or undermine your claim. Your attorney will seek copies of all documents to support your case. These include police reports as well as medical bills and work loss records from your employer (showing the amount of time you've missed because of the accident attorneys), photos of your vehicle, any injuries or damages and financial information. Your lawyer will also make use of documents for discovery in writing, such as interrogatories request for production, interrogatories and requests for admissions in order to question witnesses and other parties that are not in the case.

These documents are exchanged between attorneys from both sides. The tools for writing discovery give the opposing side an opportunity to respond to questions in writing that need to be answered under oath. It also allows you to provide copies of other information that might be useful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone with information about your injuries or damages that could be crucial to your case. In a deposition, the lawyer representing the party at fault will ask you an array of questions and your responses will be recorded on video, or transcribed by a court reporter.

The pretrial investigation process is designed to help your lawyer construct a compelling case against the responsible party and their insurer in order to get a fair settlement for all your losses, injuries and losses, costs and expenses. There is no assurance of a settlement in each case, but most do so during or after the investigation process, which usually completed before the trial.

4. Trial

Trials are a possibility in situations where you and the insurance company disagree on fault or the amount of compensation you are entitled to for your injuries. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder, who renders a verdict that settles the dispute. In personal injury cases the factfinder usually a jury.

During the trial your lawyer will be able to provide your version of the events in opening statements to the jury, along with any supporting evidence you may have, such as pictures or videos of accident scene, testimony from witnesses and medical professionals, and documents like police reports and medical bills. You can also testify regarding your memory of the incident, and how it impacted your life. Expert witnesses can also testify to back your assertions. The lawyer representing the defendant can cross-examine the witnesses and object to admissibility of some evidence.

The jury will decide in the trial whether the plaintiff's harm was caused by the defendant's reckless behavior. They will be looking at proximate causes, a complex legal concept that law students have to spend hours studying. Proximate cause considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you should receive. It's also a complex matter because it is based on the extent of your injuries and the amount to which you've suffered. Your attorney will present your evidence which includes expert witness testimony about the severity of your injuries, your lost income and future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state has a deadline within which you can settle your claim or bring a lawsuit. This is referred to as the statute of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, then you might be required to file a vehicle accident lawsuit in the court. It can be costly and time-consuming. However, it is often necessary to seek compensation.

During this procedure the Long Island personal injury lawyer will be involved in discovery (a formal procedure where parties exchange information with the other side) and be present at hearings. Your lawyer will also make legal filings, also known as motions, requesting the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout this process, and a majority of civil disputes arising out of car accidents will end before a trial is required to be held.

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

Before agreeing to an agreement, it's crucial to fully comprehend the extent of your injuries. You must also have completed all medical treatment. You may not receive additional compensation if you sign a settlement until your doctor has determined that you have attained the maximum level of improvement in your medical condition. You should also not sign a release until you've talked to your lawyer and received full understanding of your losses. Your lawyer will make sure that you don't lose the opportunity to receive a valuable amount of compensation. They will review your medical records as well as other documents, to ensure that you receive all the damages for which you qualify.