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The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter in the event that the insurance company refuses to pay you the amount you need for your injuries. This will outline all the economic losses you have suffered, such as medical bills and lost wages, as well as non-economic damages, such as suffering and pain.

Then, a judge or jury will make a decision. If they rule in your favor you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in a car, proving negligence is crucial to receive compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports such as police reports, and other official reports.

Your attorney may be able to establish what happened in the accident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Note down the names and contact numbers of any witnesses who witnessed the events. It is crucial that witnesses confirm the events were actually happening, as it may often happen that drivers will give contradictory information that can lead to insurance companies refusing to accept or deny responsibility.

Other evidence forms your lawyer might use include medical records, which can include receipts, bills diagnostic reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. It is important to obtain these records as soon as you can and give copies to your healthcare professionals.

A deposition is a different type of evidence that your attorney may use. It's an out-of the court testimony that is under oath and later translated by a court reporter. Your lawyer could use this testimony to establish your injuries had an immediate, obvious connection to the accident. This will help justify requesting compensation. The majority of the evidence mentioned above can be gathered at the scene of the accident or shortly afterwards however some evidence may not be available until much later in the legal process. This is why it's important to consult a highly-credentialed car accident lawyer as soon as you can, so they can begin the investigation when the evidence is in its most pure form.

2. Filing a complaint

After the dust has cleared and you've taken care of your injuries, you need to seek legal advice from an expert. A car accident lawyer can give you the experience to maximize your compensation.

The first step is to file an application with the court. This document 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 filed in court. It is also served on the defendant.

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

During this stage, you lawyer will also collaborate with doctors to get the full picture of your injuries and the impact that they've affected your life. 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.

Sometimes, your lawyer could be able to negotiate an agreement with the responsible driver's insurance company. This is more likely to happen after discovery and before the trial. However, if the insurance company is unable to provide a fair settlement or if you've incurred substantial damages that aren't covered by the insurance policy, your case may go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident, where your attorney and the negligent driver's insurance company exchange information that may assist or derail your claim. Your attorney will request copies of documents to support your claim. This includes police reports medical bills, as well as work loss records from your employer (showing the length of time you've missed because of the accident) photographs of your vehicle, any injuries or damages as well as other financial data. Your attorney may also use written discovery tools, such as interrogatories and requests for production to question parties and witnesses who are not present.

These tools for discovery are used to exchange information between attorneys on both sides. The tools for writing discovery give the opposing party a chance to respond to questions in writing, which must be answered under oath and to provide copies or other information that may be useful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the accident, as well as anyone who has information about your injuries or damages that could be pertinent to your case. In a deposition, the lawyer for the person who is at fault will ask you an array of questions and your answers will be recorded on video or translated by a court reporter.

The pretrial investigation process is designed to assist your lawyer construct a compelling argument against the person at fault and their insurer to secure an equitable settlement for all of your injuries or losses, as well as expenses. While there is no guarantee that all cases settle however, the majority of cases settle at the end of or following the discovery process, which may be completed before the case reaches trial.

4. Trial

Trials are a possibility in situations where you and the insurance company are not in agreement regarding the fault of the other party or the amount of compensation you should be awarded for your injuries. A trial is an official process where both parties are required to argue their case and provide evidence before a factfinder who will make a decision to resolve 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 evidence supporting it including photos or videos of the scene as well as testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also offer testimony regarding your recollection of the incident and how it has impacted your life. Expert witnesses will also provide evidence to support your assertions. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of specific evidence.

The jury will decide in the trial whether the plaintiff's injuries was the result of the defendant's negligence. They will be looking at the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate causes analyzes the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury also has to decide the amount of damages you are entitled to. It's a difficult matter because it is based on the severity of your injuries as well as the degree to which you've suffered. Your attorney will provide evidence that includes expert testimony about the severity of injuries that resulted in loss of income and earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Every state has a deadline that you must meet to settle your claim or bring an action. This is known as the statute of limitations. If your lawyer is not able to negotiate a settlement with the insurance company, you may be required to bring a lawsuit to court. It's costly and time-consuming, but it is often necessary to seek compensation.

During this procedure the Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents called motions to request the court for certain things, such as not allowing certain types of evidence in trial. Settlement negotiations can continue during this process. A majority of car accident civil disputes are resolved before a trial is necessary.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is legitimate and you'll be willing to take the case to trial. The settlement process is also more efficient and less risky than the court trial.

It is vital to understand your injuries before you agree to a settlement. You must have completed all medical treatment. If you accept a settlement before your doctor determines that you have reached maximum medical improvement (MMI) then you could be denied additional compensation. Also, you should not sign the release until you've spoken with your lawyer and have an accurate understanding of your losses. Your lawyer will make sure that you don't be denied compensation that is valuable. They will go through your medical records and other documents to ensure that you receive all compensation you're entitled to.