The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount of money you need to cover your injuries, our hard-working lawyers will draft a formal demand letter. This will list all your financial damages like medical bills and lost wages, as well as non-economic damages, like pain and suffering.

A judge or jury will then take a call. If they come to a decision in your favor you will be awarded damages, and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence and liability is key to obtaining compensation for your losses and injuries. Gathering evidence is among the first steps in the litigation process. it involves collecting documents such as photographs, witness testimony, and official reports like police reports.

Your lawyer may be able to determine what happened during the accident by taking photos of the scene, which include skid marks or road debris, as well as other physical evidence. Note down the names and contact details of any eyewitnesses that witnessed what transpired. Witnesses who testify that confirm your account of what happened is crucial especially as it can be common for drivers to have conflicting accounts of what happened that leads to insurance companies refusing to accept the claim or deny any responsibility at all.

Other evidence that your lawyer may use include medical records, which may include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other documentation that demonstrate the extent of your injuries. You should obtain these records as soon as you can, and also provide copies to your healthcare providers.

Another form of evidence your attorney might employ is a deposition which is an out-of-court testimonies given under oath and transcribed by a court reporter. The lawyer can utilize this testimony to prove that your injuries had a clear, identifiable connection to the accident. This can be used to justify seeking compensation. The majority of the evidence listed above can be obtained at the site of the accident or soon after however, some might not be available until later in the litigation. This is the reason it's essential to consult a highly-credentialed car accident lawyer as soon as possible, so that they can begin an investigation while the crucial evidence is in its purest form.

2. How to file a complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal guidance from an expert. A car accident attorney can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with the court. This will outline your specific claims and the amount of money you'd like to recover in damages. This document is usually drafted by an attorney and then filed in court. It is also served on the defendant.

The discovery phase begins, allowing both parties to share information regarding their claims and defenses. The process can take a long time and requires both sides to look over a number of documents, including police reports, witness statements and medical records, as well as bills and much more. Each side is able to request interrogatories. These are a set of questions which the other side must answer under oath in the timeframe specified.

Throughout this stage the lawyer will collaborate with doctors to ensure that they have a complete picture of the seriousness of your injuries and the impact they have affected your daily routine. Your lawyer will estimate the total damages. This will include any future medical expenses as well as lost wages, pain and suffering and more.

Sometimes, your lawyer may be able to reach an agreement with the responsible driver's insurance company. This is more likely to occur after discovery and before the trial. If the insurance company refuses a fair settlement, or if the damage is significant and are not covered by insurance, you may need to go to trial. A jury or judge will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. This is the time when your attorney and the negligent insurer of the driver share information that could either support or damage your claim. Your attorney will seek copies of all documents to prove your case. These include police reports as well as medical bills and work loss documents from your employer (showing the length of time you've missed due to the accident), photos of your vehicle damaged or injured and financial information. Your attorney will also make use of written discovery tools such as interrogatories or requests for production as well as requests for admissions to interview witnesses and parties who aren't present in the case.

These documents are exchanged between attorneys on both sides. They provide the opposing party the opportunity to answer questions in writing, which need to be answered under oath, and to supply copies of certain documents or other information that could be useful to your case.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information about the damages or injuries you sustained that could be vital to your case. During a deposition, the lawyer of the at-fault person will ask you questions and your responses will be recorded on video by a court reporter or transcribing.

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

4. Trial

Trials can be arranged in situations where you and the insurance provider disagree on fault or the amount of compensation you should receive for your injuries. A trial is an official proceeding in which both parties present arguments and evidence before the factfinder, who makes an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will be able to present your version of events in your opening statements to the jury as well as any other evidence you have, including pictures or videos of accident scene, testimony from people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You can also provide testimony about your memories of the incident and how it changed your life. Expert witnesses can also testify to back your assertions. The defendant's lawyer can cross-examine the witnesses and object to the admissibility or validity of certain evidence.

The jury will determine at trial whether the plaintiff's injury was caused by the defendant's negligent behavior. They will examine proximate cause, a complicated legal concept that lawyers will spend many hours studying during law school. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury is also required to decide how much compensation you should receive. It's a difficult issue due to the severity of your injuries as well as the degree to which you've suffered. Your lawyer will provide evidence that includes expert testimony regarding the severity of injuries that resulted in loss of income and earning potential, as well the extent of your suffering and impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations, in which you must settle your claim or file a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, then you might be required to file a vehicle accident lawyers lawsuit in the court. It can be expensive and time-consuming, but it is usually required to obtain compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings as well as 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 to request the court for certain things, such as the exclusion of certain types of evidence in trial. Settlement negotiations can go on throughout the process, and most civil disputes arising from car accidents end before a trial has to be held.

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

It is crucial to understand your injuries prior to a settlement. You must have completed all medical treatment. You could be denied additional compensation if settling the settlement until your physician has confirmed that you have achieved the level of medical improvement that is the highest. Also, you should not sign the release until you've talked to your lawyer and gained an understanding of all damages. Your lawyer will ensure that you don't lose out on a significant amount of compensation. They will go through your medical records, as well as other documentation to ensure that you are entitled to all damages that you are entitled to.