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The First Steps in Car Accident Litigation

Our determined lawyers will draft an official letter of demand if the insurance company refuses to provide you with the amount you need to cover your injuries. It will detail all your economic damages like medical bills and lost wages, and non-economic damages like suffering and pain.

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

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is the most important aspect to obtain compensation for your losses and injuries. Gathering evidence is among the first steps of the litigation process, and it involves collecting documents, photographs, witness testimony, and official reports, such as police reports.

Your lawyer might be able to determine what transpired in the incident by taking photographs of the scene, including skid marks and road debris as well as other physical evidence. Also, note the names and contact numbers of any witnesses who witnessed what occurred. It is essential that witnesses confirm the events were actually happening, as it may often be the case that drivers provide contradictory accounts that lead to insurance companies refusing or denial of the liability.

Medical records can also be utilized by your lawyer in order to prove the severity of your injuries. These documents could include bills, receipts and lab results, diagnose reports, discharge guidelines and other forms of documentation. You should obtain these records as quickly as you can and send copies to your healthcare professionals.

Depositions are another form of evidence that your attorney could employ. This is an out-of court testimony under oath, and then recorded by a Court Reporter. Your lawyer may use this testimony to establish your injuries had an immediate, obvious connection to the accident. This will help justify the need for compensation. Most of the evidence discussed above can be gathered at the scene of the crash or shortly after, but some may not be available until later in the litigation. This is the reason it's essential to speak with a well-credentialed car accident lawyer as soon as possible so that they can begin investigating when the evidence is in its purest form.

2. Filing a complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal advice from a professional. A car accident lawyer can give you the experience to maximize your compensation.

The first step is to file a complaint with the court. The complaint will detail your specific claims and the amount of money you'd like to claim in damages. The document is usually written by your attorney and filed with the court and served on the defendant.

This also initiates the discovery phase that allows both sides to exchange information and evidence related to their claims and defenses. The process can be long and requires both sides to go through a myriad of documents including police reports witnesses' statements, police reports medical records, bills and more. Each side can request interrogatories, which are a set of questions which the other party must answer under oath within a set deadline.

In this phase your lawyer will work with medical professionals to ensure they have a complete picture of the extent of your injuries and the impact they've had on your daily life. Your attorney will calculate your total damages. This will include past and upcoming medical expenses and lost wages, as well as suffering and pain, and much more.

Sometimes, your lawyer might be able to reach an agreement with the at fault driver's insurance company. This will most likely occur following the conclusion of discovery, but before trial. If the insurance company is unable to settle the claim in a fair manner or if you've sustained substantial damages that aren't covered by the insurance policy, your case may move forward to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is where your attorney and the negligent insurance company of the driver exchange information that can support or damage your claim. Your attorney will ask for copies of the documents that support your case, including police reports, medical bills or work-related loss records (e.g. the records from your employer which reveals how much time you missed work because of the accident) photos of your vehicle as well as any damages or injuries, and other relevant financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to ask questions of witnesses and parties who are not present.

These tools for discovery are shared between attorneys on 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. They also ask you to provide copies or other information that might be helpful to you.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the collision and also any person who has information about your injuries or damage that could be crucial to your case. During a deposition, the lawyer for the person who is at fault will ask you a series of questions, and your responses will be recorded on video or transcribed by a court reporter.

These pretrial investigation procedures are designed to help your lawyer construct a compelling argument against the person at fault and their insurer to obtain an equitable settlement for all your injuries as well as losses, expenses and costs. Although there is no guarantee that every case will settle however, the majority of cases settle during or after the discovery process, which is often be completed before your case is brought to trial.

4. Trial

Trials are a possibility in situations where you and the insurance provider disagree about who is at fault or the amount you should be awarded for your injuries. A trial is a formal process where both sides present arguments and evidence to a factfinder who makes a decision that settles the issue. In personal injury cases, the factfinder is usually a jury.

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

In a trial, the jury will decide whether the plaintiff's injuries were the result of the negligence of the defendant. They will consider proximate cause an intricate legal concept that lawyers 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 is also required to decide how much compensation you are entitled to. It is also a complicated issue because it is contingent on the extent of your injuries and the degree to which you've suffered. Your lawyer will present your evidence, including expert witness testimony on the severity of your injuries, your lost income, as well as future earnings potential in addition to your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state sets a legal deadline, commonly referred to as the statute of limitations, where you have to settle your claim or bring a lawsuit. If your lawyer is not able to negotiate a settlement with your insurer, you may have to file a lawsuit in court. This can be time consuming and costly, however it is often 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 each side exchanges information with each other). Your lawyer will also file legal documents, referred to as motions that ask the court to consider not allowing certain types of evidence during trial. Settlement negotiations can be ongoing during this process. Many car accident civil disputes are resolved before a trial is needed.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you will be willing to go to trial. Additionally, settlement is quicker and less risky than a trial.

Before settling an agreement, it is important to understand the severity of your injuries and that you have completed all medical treatment. If you accept a settlement before your doctor determines that you have reached the maximum medical improvement (MMI), you could be denied additional compensation. You should also not sign a contract before you have consulted with your lawyer about your injuries. Your lawyer will ensure you do not get a poor deal on compensation. They will go through your medical records and other documents to ensure that you are entitled to all the compensation you're entitled to.