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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official letter of demand if the insurance company is unable to pay the amount you require for your injuries. It will detail all your economic damages including medical expenses and lost wages, and non-economic damages like suffering and pain.

A judge or jury will then take a call. If they rule in your favor, you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident may aid your lawyer in determining what actually happened in the accident, including the position of both cars after collision, skid marks, road debris and other evidence that is physical. Record the names and contact numbers of any eyewitnesses that witnessed what happened. Witnesses who testify that confirm your account of what transpired is vital especially as it can be common for drivers to give contradicting reports of what happened, which leads to insurance companies refusing to accept the claim, or even deny any responsibility at all.

Medical records can also be used by your lawyer in order to prove the severity of your injury. These records could include receipts, bills laboratory results, diagnosis reports, discharge directions and other forms of documentation. You should get these documents as soon as is possible and be sure to give copies to your healthcare professionals.

A deposition is a different type of evidence your lawyer may employ. This is an out-of court testimony given under oath. It is then recorded by a Court Reporter. Your lawyer may use the testimony to prove that your injuries have had an immediate and obvious connection to the accident which can help justify the compensation you deserve for your damages. Most of the evidence mentioned above can be obtained at the scene of the accident or shortly afterwards however, some might not be available until later in the legal process. It's important to contact an attorney in the case of a car crash with the appropriate credentials immediately so that they can begin an investigation while the evidence is still in its most natural form.

2. Making a Complaint

After the dust has cleared and you've taken care of your injuries, you need to seek legal advice from a professional. An attorney for car accidents will provide the knowledge and expertise to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint with court, which lists the specific claims that you're bringing and the amount of money you are seeking in damages. The document is usually drafted by your lawyer 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 evidence pertaining to their claims and defenses. The process can take a considerable time and both teams may require a thorough review of documents including police reports and witness statements. They may also have to review medical records as well as bills and other documents. Both sides can request interrogatories. These are a series questions which the other side must answer under oath within the timeframe specified.

Throughout this process, your lawyer will also collaborate with doctors to ensure that they have a complete understanding of the severity of your injuries and the impact they have had on your daily life. Your attorney will calculate the total damages. This will include past and upcoming medical expenses as well as lost wages, suffering and 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 most likely to be the case following the completion of discovery and before trial. If the insurance company refuses to offer a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, your case may go to trial. A jury or judge will make a decision in the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. This is when your attorney and negligent insurance company of the driver exchange information that could support or undermine your claim. Your attorney will request copies of the documents that support your case, such as police reports, medical bills or work-related loss records (e.g., from your employer indicating the amount of time you were absent from work due to the accident), photographs of your vehicle as well as any damage or injuries, and other relevant financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to question parties and witnesses who are not present.

These written discovery tools are sent back and forth between the attorneys from both sides. The written discovery tools give the opposing side an opportunity to answer questions in writing which must be answered under oath. They also ask you to provide copies or other information that could be helpful to you.

Your Long Island car accident attorney will also interview witnesses and anyone with information about your injuries or damages which could be crucial to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your answers will either be recorded on video by a court reporter or transcribing.

These pretrial investigation procedures are designed to help your lawyer construct a compelling case against the at-fault person and their insurer in order to get a fair settlement for all of your injuries or losses, as well as expenses. There is no assurance of a settlement in every case, but the majority of cases will settle during or following the investigation process, which is often concluded prior to the trial.

4. Trial

Trials are possible in cases when you and the insurance company are not in agreement about who is at fault or the amount of compensation you should receive for your injuries. A trial is a formal process where both parties are required to argue and present evidence to a factfinder who will make a decision on how to settle the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial the lawyer will give your account of the events in opening statements to the jury and any supporting evidence you have, including photos or video of the accident law firm scene, witness testimony from people who witnessed the accident and medical professionals, and documents like police reports and medical bills. You can also testify about your personal memories of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The defendant's lawyer can interrogate witnesses and object to the admissibility of certain evidence.

At trial, the jury will decide whether the plaintiff's injuries were the result of the defendant's negligence. They will examine proximate cause an intricate legal concept that lawyers have to spend many hours studying during law school. Proximate cause looks at 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 are entitled to. This is another complicated issue, as it depends on how severe your injuries are and the extent of your losses. Your lawyer will present your evidence that includes expert witness testimony about the severity of your injuries, the loss of income, as well as future earnings potential in addition to your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a deadline within which you can settle your claim or bring a lawsuit. This is known as the statute of limitations. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you may need to file a car accident lawsuit in the court. This can be time consuming and costly, but it is often required to seek compensation.

During this process, your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and also attend hearings. Your attorney will also submit legal documents, referred to as motions, requesting the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can continue during this process. Many car accident civil disputes are settled before trial is required.

If they feel that your injury claim is solid and you are willing to go to trial insurance companies will make an appropriate settlement offer. Settlement is quicker and less risky than a court trial.

It is important to be aware of the extent of your injuries prior to agreeing to the settlement. It is also important to have completed all medical treatments. You may not receive additional compensation if you accept a settlement until your doctor has concluded that you have reached the maximum medical improvement. You should also not sign a release before you have spoken to your lawyer about your injuries. Your lawyer will ensure that you don't miss out on valuable compensation. They will carefully examine your medical records as well as other documents to make sure that you receive the entire amount of damages for which you are eligible.