The First Steps in Car Accident Litigation

If the insurance company refuses to pay 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 damages such as medical expenses, lost wages as also non-economic damages such as pain and discomfort.

Then the judge or jury will then make a decision. If they decide in your favor they will be able to award you damages, and the defendant is required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving negligence and liability is crucial to get compensation for your injuries and losses. Gathering evidence is among the first steps of the litigation process, and it involves collecting documents witnesses' testimony, photographs as well as official reports such as police reports.

Your lawyer might be able to determine what happened during the incident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Also, keep track of the names and phone numbers of any eyewitnesses who saw the incident. Witnesses who testify to corroborate your account of what transpired is vital particularly since it can be common for drivers to give contradicting accounts of what happened that can lead to insurance companies refusing to accept the claim or even denying any responsibility at all.

Medical records can also be utilized by your lawyer to demonstrate the extent of your injury. They could include bills, receipts and lab results, diagnose reports, discharge instructions, and other documentation. You should get these documents as soon as is possible, and make sure to send copies to your healthcare providers.

Another type of evidence that your attorney could utilize is a deposition, which is out-of-court testimony given under oath and recorded by a court reporter. The lawyer can use the testimony to establish that your injuries had an immediate and clear connection to the crash and, therefore, can justify the need for the compensation you deserve for your damages. Most of the evidence discussed above can be obtained at the site of the crash or shortly after, but some may not be available until later in the legal process. It is crucial to contact a car accident lawyer with the appropriate credentials immediately so that they can begin an inquiry when the evidence is in its purest form.

2. Filing a Complaint

After the dust has settled and you have tended to your injuries, it's time to seek legal advice from a professional. A car accident attorney can provide the expertise needed to help you get the most compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims you're bringing and how much money you are seeking in damages. This document is usually drafted by an attorney, and filed in the court. It will also be served to the defendant.

The discovery phase starts with both parties able to share information about their defenses and claims. The process can take a long duration and both teams will have to look over a variety of documents including police reports and witness statements. They might also have to review medical records as well as bills and other documents. Each side is able to request interrogatories. These are a series of questions that the other side must answer under oath in the timeframe specified.

During this stage, you lawyer will also work closely with doctors to get the full picture of your injuries and the impact they've caused on your life. Your lawyer will determine your total damages. This includes future and past medical expenses as well as lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer may be able to reach an agreement with the at fault driver's insurance company. It is likely to take place after the completion of discovery, but before trial. If the insurance company refuses a fair settlement, or if the damages are significant and not covered by insurance, then you could be required to go to trial. A judge or jury will make a decision on the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit the attorney representing you and the negligent driver's insurance company exchange information that may help or hurt your claim. Your attorney will ask for copies of documents that support your case, including police reports, medical bills as well as work loss records (e.g. the records from your employer showing how much time you missed work because of the accident) photos of your vehicle, any damage 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 witnesses who are not present.

These tools for writing discovery are used to exchange information between attorneys on both sides. They provide the opposing party the opportunity to answer questions in writing, that must be sworn to under oath, and to provide copies of certain documents and other information that could be useful to your case.

Your Long Island car accident attorney will also question witnesses and anyone who has information regarding your injuries or damages which could be vital to your case. During a deposition at-fault party's lawyer 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 assist your lawyer create a compelling case against the person who is at fault and their insurer in order to negotiate a fair settlement for all your losses, injuries as well as losses, expenses and costs. Although there is no assurance that all cases will settle however, the majority settles during or after the discovery process, which is often be completed prior to the time your case reaches trial.

4. Trial

Trials are possible where you and the insurance company do not agree on fault or the amount of compensation you should be awarded for your injuries. A trial is an official process in which both sides are required to argue their case and provide evidence before the factfinder, who makes a decision on how to settle the dispute. In personal injury cases the factfinder usually a jury.

During the trial your lawyer will be able to explain your story in your opening statements to the jury, along with any supporting evidence you have, such as photos or video of the accident law firm scene, testimony from witnesses and medical professionals, as well as documents like medical bills and police reports. You can also provide testimony about your memories of the incident and how it has had an impact on your life. Expert witnesses can also give testimony to support your claims. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of specific evidence.

In a trial, jurors must determine if the plaintiff's injuries were caused by the defendant's negligence. They will be examining proximate causes which is a tangled legal concept that lawyers have to spend many hours studying in law school. Proximate causes examines the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also decide how much compensation you should receive. It's also a complicated issue because it is contingent on the degree of your injuries and the degree to which you've suffered. Your lawyer will present evidence which includes expert testimony regarding the severity of injuries as well as lost income and future earning potential, as well your suffering and impairment.

5. Settlement

Each state has a specific deadline by which you can settle your claim, or even file a lawsuit. This is referred to as the statute of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you may need to file a car accident lawsuit in the court. It is costly and time-consuming. However, it is often required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where each side exchanges information with one another). Your lawyer will also file legal documents called motions asking the court for things like excluding certain types of evidence during trial. Settlement negotiations may continue throughout this process, and a majority of civil disputes in car accidents settle before a trial needs to be held.

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

It is vital to be aware of your injuries before you agree to a settlement. It is also important to have completed all medical treatment. If you agree to a settlement before your doctor has determined that you have reached the maximum medical improvement (MMI), you could miss out on additional compensation. Don't sign a release until you've spoken with your lawyer regarding your damages. Your lawyer will ensure that you don't lose out on valuable compensation. They will go through your medical records, and other documentation to ensure that you receive all the compensation you're entitled to.