The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal letter of demand if the insurance company refuses to provide you with the amount you require for your injuries. This letter will provide a detailed description of your financial damages such as medical expenses and lost wages, as in addition to non-economic damages like discomfort and pain.

Then a jury or judge will make a decision. If they make a decision in your favor you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is crucial to get compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports, like police reports and other official reports.

Photographs of the scene of the accident can assist your attorney in determining what actually happened in the collision, including the positions of both cars after collision, skid marks, road debris and other physical evidence. Take down the names and contact information of any eyewitnesses that witnessed what happened. Witnesses who testify that confirm your account of events is important especially as it can be common for drivers to give contradicting reports of what happened, which can lead to insurance companies refusing to accept the claim or deny the responsibility completely.

Medical records can also be utilized by your lawyer to prove the severity of your injury. They could include receipts, bills and lab results, diagnose reports, discharge instructions and other records. You should obtain these records as soon as you can and send copies to your medical professionals.

Another form of evidence your attorney may make use of is a deposition which is an out-of court testimony delivered under oath and transcribed by a court reporter. Your lawyer may utilize this testimony to prove that your injuries were an obvious, predicable connection to the accident. This helps to justify requesting compensation. While the majority of these types of evidence are gathered at the accident scene or shortly afterward but some of the evidence might 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 they can begin an investigation while the crucial evidence is in its purest form.

2. Filing a complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal guidance from an expert. A lawyer who has handled car accidents can provide you with the expertise to maximize your compensation.

The first step is filing a complaint with the court. This will outline your specific claims as well as the amount you wish to recover 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 regarding their claims and defenses. The process can be lengthy and requires both teams to review many documents, including police reports and witness statements medical records, bills and much more. Each side can demand interrogatories. They are a series of questions that the other party must answer under oath within a specified deadline.

Throughout this process the lawyer will work with doctors to ensure they have a complete picture of the severity of your injuries as well as the impact they've affected your daily routine. Your lawyer will calculate your total damages. This includes future and past medical expenses including 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. This will most likely occur following the conclusion of discovery and prior to trial. However, if the insurance company is unable to offer a fair settlement or if you've suffered significant losses that aren't covered by the insurance policy, the case could be referred to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that could assist or derail your claim. Your attorney will request copies of documents to prove your case. These documents include police reports, medical bills and work loss documents from your employer (showing how much time you've missed due to the accident), photos of your vehicle damaged or injured and financial information. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and parties who are not present.

These discovery tools written in writing are circulated back and forth between attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, which must be sworn to under oath, and to supply copies of certain documents or other information which could be beneficial to your case.

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

The purpose of these pretrial investigation processes is to assist your lawyer to create an effective and convincing argument to the responsible party and their insurer so that you can receive a fair and complete settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case but most do so during or after the investigation process, which usually completed before the trial.

4. Trial

Although the majority of car accidents settle through negotiations outside of court however, if you and your insurance company aren't in agreement on the cause or how much compensation you should receive for your injuries, the case may go to trial. A trial is a formal procedure where both sides submit arguments and evidence to a factfinder, who renders a verdict that settles the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the accident scene or testimony from witnesses, medical professionals, as well as documents such police reports and bills. You can also testify regarding your memories of the incident and how it affected your life. Expert witnesses can also provide evidence to support your claims. The lawyer for the defendant can cross-examine the witnesses and object to the admissibility or validity of certain evidence.

In a trial, the jury must decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will look at proximate cause an intricate legal concept that lawyers spend countless hours studying during law school. Proximate cause looks at the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. This is a more complicated matter depending on the severity of your injuries and the extent of your losses. Your lawyer will provide evidence which includes expert testimony about the severity of your injuries, lost income and future earning potential, as well your pain and suffering and impairment.

5. Settlement

Every state has a time limit within which you can settle your claim or file an action. This is referred to as the statutes of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you might require filing a car accident lawsuit in the court. It's costly and time-consuming, but this is usually required to obtain compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a process formal where each side exchanges information with the other). Your lawyer will also file legal documents referred to as motions that ask the court for specific things such as the exclusion of certain kinds of evidence during trial. Settlement negotiations may continue throughout this process. Many car accident civil disputes are settled before trial is required.

If they believe that your claim is legitimate and you are willing to go to trial insurance companies will make an acceptable settlement offer. Settlement is faster and less risky compared to the court trial.

It is important to be aware of your injuries prior to the settlement. You should also have completed all medical treatment. If you sign a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) it is possible to miss out on additional compensation. You should also not sign an agreement until you have met with your lawyer and gained full understanding of your losses. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will scrutinize your medical records and other documents to ensure that you receive all of the damages that you are entitled to.