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The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter if an insurance company is unable to pay the amount you require for your injuries. The letter will list all of your financial damages such as medical expenses and lost wages, as well as non-economic damages such as pain and discomfort.

Then, a judge or jury will take a call. If they rule in your favor they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is essential to receive compensation for your injuries and losses. The gathering of evidence is one of the first steps in the process of litigation, and it involves gathering evidence, documents witnesses' testimony, photographs and official reports such as police reports.

Your lawyer may be able to determine the circumstances of the incident by taking photographs of the scene, which include skid marks and road debris as well as other physical evidence. Note down the names and phone numbers of any eyewitnesses that witnessed what happened. Having witnesses testify that corroborate your version of the events is essential particularly since it can be common for drivers to have contradictory stories of what happened. This 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 extent of your injury. These documents could include receipts, bills and lab results, diagnose reports, discharge directions and other documents. You should get these documents as soon as is possible and ensure that you provide copies to your healthcare providers.

Another type of evidence that your attorney could make use of is a deposition which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. Your lawyer may use the testimony to prove that your injuries had a direct and foreseeable connection to the accident lawsuits and, therefore, can justify the need for compensation for your injuries. While the majority of the above kinds of evidence can be collected at the scene of the accident or within a short time after, some of it might not be accessible until later in the litigation process. This is why it's vital to consult a highly-credentialed car accident lawsuits lawyer as quickly as possible so that they can begin the investigation as evidence is in its purest form.

2. Filing a complaint

Once the dust has sunk and you have tended to your injuries, it's time to seek expert legal advice. A car accident attorney will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is to file a complaint with the court. This will outline your specific claims as well as the amount you wish to recover in damages. This type of document is typically drafted by an attorney and then filed in the court. It is also served to the defendant.

The discovery phase starts and allows both parties to share information regarding their claims and defenses. The process can be very long and requires both teams to review many documents, including police reports witnesses' statements, police reports medical records, bills and more. Each side may request interrogatories. They are a set of questions that the other side must answer under oath within a specified time frame.

In this phase, your lawyer will also collaborate with doctors to get a full picture of your injuries and the impact they've caused on your life. Your lawyer will then calculate your total damages that will include the past and future medical costs, lost earnings, suffering and pain and much more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver at fault. This is more likely to happen after discovery and before the trial. If the insurance company doesn't agree to a fair settlement, or if the damages are significant and accident attorney are not covered by insurance, then you could be required to appear in court. A judge or jury will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident in which your attorney and the insurance company of the negligent driver company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents supporting your case, including medical bills, police reports as well as work loss records (e.g. an email from your employer showing the amount of time you were absent from work because of the accident), photographs of your car and any damages or injuries or other pertinent financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

These tools for writing discovery are exchanged between attorneys on both sides. They give the opposing side an opportunity to reply to questions in writing, which must be answered under oath and to supply copies of certain documents or other information that may be relevant to your case.

Your Long Island car accident lawyer will also take depositions of witnesses to the collision, as well as anyone with information regarding your injuries or damages that could be important to your case. During a deposition, your lawyer representing the party at fault will ask you questions and your responses will either be recorded on video by the court reporter or translated.

The goal of these pre-trial investigation procedures is to assist your lawyer to create an effective and convincing argument to the responsible party and their insurance company so that you can secure an adequate and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case but the majority of cases occur during or after the investigation process, which is typically completed prior to the trial.

4. Trial

Although the majority of car accidents settle through negotiations outside of court however, if you and your insurance company are not in agreement about who is to blame or how much compensation you should receive for your injuries, the case may go to trial. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder who makes a decision that resolves the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any supporting evidence, such as photos or videos of the accident compensation scene witness testimony, statements from witnesses and medical professionals, and documents such as police reports and bills. You can also give your testimony regarding your recollection of the incident and how it has changed your life. Expert witnesses are also able to testify in support of your assertions. The lawyer for the defendant can interrogate witnesses and object to the admissibility of certain evidence.

In a trial, the jury has to determine if the plaintiff's injuries were the result of the defendant's negligence. They will consider proximate cause, a complicated legal concept that lawyers spend countless hours studying during law school. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff’s injuries.

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

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations, where you have to settle your claim or make a claim. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you may require filing a car accident lawsuit in court. It is costly and time-consuming, but this is often required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal process where both sides exchange information with one another). Your lawyer will also make legal filings, also known as motions, which ask the court to take actions like exclude certain types of evidence from trial. Settlement negotiations can go on throughout the process, and most civil disputes arising out of car accidents will end before a trial needs to be held.

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

Before you agree to the settlement, it's important that you fully understand the severity of your injuries and that you 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. Also, you should not sign a release until you've talked to your lawyer and received a complete understanding of your damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will carefully review your medical records as well as other documents to ensure that you receive the full amount of damages to which you are entitled.