The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if an insurance company refuses to pay the amount you need for your injuries. The letter will outline all of your financial damages such as medical expenses, lost wages as in addition to non-economic damages such as pain and discomfort.

A jury or judge will then come to a decision. If they make a decision to your advantage you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving liability and negligence is the most important aspect to obtain compensation for your losses and injuries. Collecting evidence is one the first steps in the litigation process. it involves gathering evidence, documents, photographs, witness testimony and official reports like police reports.

Photographs of the scene of the accident may help your attorney establish what actually happened in the collision, including the location of both cars after impact, skid marks road debris and other physical evidence. Also, firm note the names and contact details of any witnesses who witnessed the incident. It is crucial that witnesses to verify the events that took place, since it can often happen that drivers offer contradictory statements that result in insurance companies refusing to accept or deny responsibility.

Medical records can also be used by your lawyer to prove the severity of your injuries. They could include receipts, bills and lab results, diagnose reports, discharge instructions and other documents. It is essential to get these records as quickly as possible and provide copies to your healthcare professionals.

A deposition is a different type of evidence that your attorney could employ. It is a non-in the court testimony that is under oath, and then transcribed by a Court Reporter. Your lawyer can use the testimony to establish that your injuries have had a direct and foreseeable connection to the crash and, therefore, can justify the need for the compensation you deserve for your damages. While most of the above-mentioned types of evidence are collected at the scene of the accident or within a short time after however, some evidence may not be available until later in the litigation process. This is why it's crucial to speak with a well-credentialed lawyer in the event of a car accident as soon as you can so that they can begin the investigation while vital evidence is still in its purest form.

2. Filing a Complaint

When the dust has cleared and you've taken care of your injuries, it's the time to seek legal advice from a professional. A car accident attorney will provide the knowledge and expertise to help you obtain maximum compensation for your claim.

The first step is to file a complaint with the court. It will describe your specific claims and the amount you wish to recover in damages. The document is usually written by an attorney, and filed in court. It will also be served to the defendant.

The discovery phase starts by allowing both parties to exchange information about 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, bills, and other documents. Each side can request interrogatories. These are a series questions that the other side must answer under oath in the specified timeframe.

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

Sometimes, your lawyer might be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely to occur after discovery and prior to trial. If the insurance company refuses an equitable settlement, or if the damages are substantial and not covered by insurance, then you may be required to appear in court. A judge or jury will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident, where your attorney and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will seek copies of all documents to support your claim. These documents include police reports medical bills, work loss documents from your employer (showing the length of time you were absent due to the accident) photographs of your vehicle damaged or injured and other financial details. Your attorney may also employ written discovery tools such as interrogatories, requests for production and requests for admissions in order to question witnesses and other parties that are not present in the case.

These written discovery tools are exchanged between attorneys on both sides. They give the opposing party a chance to respond to questions in writing, which have to be sworn to in 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 depose people who are witnesses to the collision as well as anyone with information on your injuries or damages that could be relevant to your case. During a deposition, your lawyer of the at-fault person will ask you questions, and your answers are recorded on video by a court reporter or transcribed.

The goal of these pre-trial investigation procedures is to allow your lawyer to build an argument that is convincing and persuasive to the party at fault and their insurance company so that you are able to secure an adequate and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases will settle however, the majority settles at the end of or following the discovery process, which is often be completed before the case is brought to trial.

4. Trial

Trials are possible in cases where you and the insurance company do not agree about who is at fault or the amount you are entitled to for your injuries. A trial is a formal process in which both sides present arguments and evidence to a factfinder, who makes a ruling which settles the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it, such as photos or videos of the scene of the accident or testimony from witnesses, medical professionals, documents like police reports and bills. You can also offer testimony regarding your memory of the incident and how it has impacted your life. Expert witnesses can also testify to support your assertions. The attorney representing the defendant may cross-examine witnesses and object to the admissibility of specific evidence.

At trial, the jury has to determine if the plaintiff's injuries were the result of the negligence of the defendant. They will consider proximate cause which is a tangled legal concept that lawyers spend countless hours studying in law school. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. It's a difficult issue because it is contingent on the severity of your injuries as well as the extent to which you have suffered. Your lawyer will provide evidence including expert testimony about the severity of injuries loss of income, future earning potential, in addition to your pain and suffering as well as impairment.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations in which you must settle your claim or start a lawsuit. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you may be required to file a vehicle accident lawsuit in court. It can be time-consuming and expensive, yet it is usually required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where both sides exchange information with the other). Your lawyer will also file legal documents called motions to ask the court for certain things, such as excluding certain types of evidence in trial. Settlement negotiations can continue throughout the process, and a lot of car accident civil disputes end before a trial can be held.

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 go to trial. Additionally the settlement process is quicker and less risky for them than a trial.

Before you agree to an agreement, it is essential to be aware of the severity of your injuries and completed all medical treatment. If you agree to a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI) it is possible to not be eligible for additional compensation. Additionally, you should not sign a release until you have spoken with your lawyer and gained a complete understanding of your losses. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records and other documentation to ensure that you receive the entire amount of damages for that you are eligible.