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The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount you require for your injuries, our hard-working lawyers will draft an official demand letter. This will include all of your financial losses such as medical bills and lost wages, and other damages that are not economic, like pain and suffering.

Then, a judge or jury will decide. If they decide in your favor they will give you damages and the defendant has to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is crucial to get compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports such as police reports, and other official reports.

Photographs of the scene of the accident could help your attorney establish what happened during the collision, including the location of both cars after impact, skid marks road debris and other physical evidence. Note down the names and contact information of any witnesses who witnessed what happened. Witnesses that testify to support your account of what happened is crucial particularly since it can be common for drivers to have contradictory reports of what happened, which results in insurance companies refusing to accept the claim or deny responsibility altogether.

Other evidence that your lawyer could utilize include medical records, which can include receipts, bills diagnostic reports, lab results, discharge guidelines, and other documentation that demonstrate the extent of your injuries. You should get these records as quickly as possible and provide copies to your healthcare providers.

Depositions are another form of evidence your lawyer can utilize. It is an out-of court statement made under oath, which is then recorded by a Court Reporter. The lawyer can utilize this testimony to prove that your injuries have an immediate, obvious connection to the accident. This will help justify requesting compensation. The majority of the evidence listed above is available at the site of the accident or within a short time however, some might not be available until later in the litigation. It's important to contact an attorney in the case of a car crash with the right credentials immediately to begin an inquiry as evidence is in its most natural form.

2. Making a Complaint

After the dust has settled and you've treated your injuries, it's the time to seek legal advice from a professional. A lawyer from a car accident attorneys can provide you with the knowledge to maximize your compensation.

The first step is filing an application with the court. This document will outline your specific claims and the amount of money you'd like to recover in damages. The document is usually written by your attorney and filed with the court and served on the defendant.

The discovery phase starts, allowing both parties to exchange information about their claims and defenses. The process can be very long and requires both parties to go through a myriad of documents including police reports witnesses' statements, police reports medical records, bills and much more. Each side can request interrogatories. They are a set of questions which the other side has to answer under oath within the specified timeframe.

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

Your lawyer might be able to negotiate a settlement with the insurance company of the driver at the fault. This is more likely following discovery, but before trial. If the insurance company refuses a fair settlement, or if your damages are significant and are not covered by insurance, you may have to go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit in which your attorney and the insurance company of the negligent driver company exchange information that could aid or hinder your claim. Your attorney will ask for copies of documents to support your claim. These documents include police reports as well as medical bills and work loss documents from your employer (showing how much time you missed due to the accident) photographs of your vehicle damaged or injured, and other financial information. Your attorney will also use written discovery tools like interrogatories or requests for production as well as requests for admissions to question witnesses and parties who aren't present in the case.

These discovery tools written in writing are exchanged back and forth between the attorneys on both sides. Written discovery tools allow the opposing side a chance to respond to questions in writing which must be sworn to under oath, and to provide copies of other information which could be useful to you.

Your Long Island car accident attorney will also question witnesses and anyone who has information about the damages or injuries you sustained that could be crucial to your case. In a deposition, the at-fault party's lawyer will ask you several questions, and your answers will be recorded on video, or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to build a strong and compelling case to the party at fault and their insurance company so that you can receive a full and fair settlement for your losses, injuries and expenses. While there is no guarantee that all cases settle, the majority do in the course of or following the discovery process, which may be completed before your trial.

4. Trial

Although the majority of car accident cases are settled through informal negotiations, if you and the insurance company are not in agreement about who is to blame or the amount you should receive for your injuries, the case may go to trial. A trial is a formal process in which both parties argue and present evidence to a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene of the accident, testimony from witnesses and medical professionals, documents like police reports and bills. You can also offer testimony regarding your memory of the incident and how it has changed your life. Expert witnesses are also able to testify in support of your assertions. The attorney for the defendant can cross-examine witnesses and object to the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's injury was caused by the defendant's negligent conduct. They will consider proximate cause, a complicated legal concept that lawyers spend many hours studying in law school. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also decide 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 amount to which you've suffered. Your lawyer will present evidence which includes expert testimony about the severity of injuries that resulted in loss of income and earning potential, as well as your suffering and impairment.

5. Settlement

Every state has a deadline that you must meet to settle your claim or file a lawsuit. This is known as the statutes of limitations. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you may be required to file a vehicle accident lawsuit in court. This can be time consuming and expensive, but it is usually required to seek compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where parties exchange information with the other side) and attend hearings. Your lawyer will also file legal documents called motions that ask the court to consider the exclusion of certain kinds of evidence at trial. Settlement negotiations can be ongoing throughout this process, and most car accident civil disputes end before a trial is required to be held.

If they feel that your injury claim is valid and you are willing to go to trial Insurance companies will offer an honest settlement offer. The settlement process is also faster and less risky compared to an in-court trial.

Before settling an agreement, it is essential to be aware of the severity of your injuries and completed all medical treatments. You may not receive additional compensation if you sign the settlement before your doctor has concluded that you have reached the maximum medical improvement. You should also not sign a contract before you have consulted with your lawyer about your damages. Your lawyer will ensure that you do not get a poor deal on compensation. They will go through your medical records and other documents to ensure that you receive all of the damages that you are entitled to.