The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you need to cover your injuries, our tenacious lawyers will draft an official demand letter. This letter will detail all of your financial losses like medical expenses and lost wages, as also non-economic damages like pain and discomfort.

A jury or judge will then take a call. If they decide to your advantage, you will be awarded damages. In addition, the defendant must pay them.

1. Gathering Evidence

In a lawsuit for a car accident the proof of negligence and liability is essential to receive compensation for your injuries and losses. The gathering of evidence is one of the first steps of the process of litigation, and it involves gathering documents, photographs, witness testimony as well as official reports, accident attorney such as police reports.

Photographs of the scene of the accident could assist your attorney in determining what happened during the collision, including the location of both cars following the impact, skid marks road debris, and other physical evidence. Note down the names and contact information of any witnesses who were present to witness what transpired. Witnesses who testify to corroborate your version of what happened is crucial especially as it can be common for drivers to have contradictory accounts of what happened that can lead to insurance companies refusing to accept the claim or deny responsibility altogether.

Other types of evidence your lawyer may use include medical records, which may include bills, receipts and diagnosis reports, laboratory results, discharge instructions, and other evidence that demonstrates the severity of your injuries. You should obtain these documents as soon as you can and ensure that you give copies to your healthcare providers.

Another type of evidence that your attorney might make use of is a deposition which is an out-of-court testimonies given under oath and transcribed by a court reporter. Your lawyer may use this testimony to establish your injuries have an obvious, predicable connection to the accident. This helps to justify the need for compensation. The majority of the evidence mentioned above can be collected at the scene of the accident or within a short time but some of it may not be available until much later in the litigation. This is why it's crucial to contact a reputable car accident lawyer as soon as you can, so they can begin investigating as evidence is in its most pure form.

2. How to file a complaint

After the dust has cleared and you've taken care of your injuries, seek legal advice 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 an application with the court. This will outline your specific claims and the amount you'd like to recover in damages. The document is usually written by an attorney and filed in court. It will also be served to the defendant.

This also triggers 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 need to review a lot of documents like police reports and witness statements. They might also have to review medical records or bills, as well as other documents. Each side can request interrogatories. They are a set of questions that the other side must answer under oath within the timeframe specified.

In this stage your lawyer will work with doctors to ensure that they have a complete understanding of the extent of your injuries and the impact they have had on your daily life. Your lawyer will then estimate the total damages you have suffered, which will include future and past medical expenses loss of earnings, pain and suffering, and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver who is at the fault. This is likely to take place after the completion of discovery and prior to trial. However, if the insurance company refuses to negotiate a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, the case may go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that could support or damage your claim. Your attorney will request copies of the documents to support your claim. This includes police reports as well as medical bills and work loss documents from your employer (showing the amount of time you were absent due to the accident) photographs of your vehicle as well as any injuries or damages as well as other financial data. Your attorney may also use documents for discovery in writing, such as interrogatories and requests for production to question witnesses and parties who are not present.

These written discovery tools are exchanged back and forth between attorneys from both sides. They provide the opposing party the opportunity to answer questions in writing, which have to be answered under oath and to provide copies of specific documents or other information that may be relevant to your case.

Your Long Island car accident lawyer will also depose people who are witnesses to the collision, as well as anyone who has information about your injuries or damages that could be important to your case. During a deposition, your lawyer representing the person at fault will ask you questions, and your answers will either be recorded on video by an official court reporter or recorded.

These pretrial investigation procedures are designed to help your lawyer build a compelling case against the responsible party and their insurance company in order to secure an equitable settlement for all of your injuries and losses, costs and expenses. While there is no guarantee that all cases settle however, the majority settles at the end of or following the discovery process, which may be completed before the case reaches trial.

4. Trial

Trials can be arranged in situations where you and the insurance company are not in agreement about who is at fault or the amount of compensation you are entitled to for your injuries. A trial is a formal process in which both sides argue and present evidence to an impartial factfinder who takes a decision on how to settle 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, and any supporting evidence you have, including pictures or videos of accident scene, testimony from people who witnessed the accident and medical professionals, and documents like police reports and medical bills. You may also testify on your memory of the incident, and how it affected your life. Expert witnesses can also testify to support your claims. The defendant's lawyer can cross-examine witnesses and challenge to admissibility of some evidence.

At trial, the jury will decide if the plaintiff's injuries were the result of the negligence of the defendant. They will consider proximate cause, a complicated legal concept that lawyers will spend many hours studying during law school. Proximate cause considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. This is another complicated issue depending on the severity of your injuries and the extent of your losses. Your lawyer will present evidence including expert testimony regarding the severity of your injuries, lost income and future earning potential, in addition to your pain and suffering and impairment.

5. Settlement

Every state has 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 successful in negotiating a reasonable settlement with the insurance company, you could need to file a car accident lawsuit in court. It can be costly and time-consuming. However, it is often necessary to get compensation.

During this process the Long Island personal injury lawyer will be involved in discovery (a formal process in which each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents, referred to as motions to request the court for certain things, such as the exclusion of certain kinds of evidence at trial. Settlement negotiations may continue throughout this process. Many car accident civil disputes are settled before a trial is needed.

Insurance companies are more likely to make fair settlement offers if they believe that your claim for injury is solid and that you'll be willing to go to trial. Settlements are faster and less risky compared to the court trial.

It is vital to be aware of your injuries before you agree to a settlement. You must have completed all medical treatment. If you settle before your doctor determines that you have reached your maximum medical improvement (MMI) then you could not receive additional compensation. Don't sign an agreement until you have talked to your lawyer and received full understanding of your damages. Your attorney will ensure that you do not miss out on valuable compensation. They will carefully review your medical records and other evidence to make sure that you receive the entire amount of damages to which you are eligible.