The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official letter of demand if the insurance company refuses to provide you with the amount you're entitled to for your injuries. This will list all your economic damages like medical bills and lost wages, as well as non-economic damages like pain and suffering.

A judge or jury will then take a call. If they rule in your favor they will award you damages and the defendant is required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit the proof of negligence and liability is key to obtaining compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident might aid your lawyer in determining what actually happened in the accident, including the position of both vehicles after impact, skid marks, road debris and other physical evidence. Record the names and contact numbers of any eyewitnesses that witnessed what happened. Witnesses who testify to corroborate your account of what transpired is vital especially as it can be common for drivers to have contradictory reports of what happened, which results in insurance companies refusing to accept the claim, or even deny responsibility altogether.

Medical records can also be used by your lawyer in order to prove the severity of your injuries. These documents may include receipts, bills, lab results, diagnosis reports, discharge guidelines and other forms of documentation. You should obtain these records as soon as you can and give copies to your healthcare professionals.

Another form of evidence that your lawyer could use is a deposition, which is out-of-court testimony given under oath, and then transcribed by a court reporter. The lawyer can utilize this testimony to prove that your injuries were a clear, identifiable connection to the accident. This is a good argument to support seeking compensation. While most of the above-mentioned types of evidence can be taken at the scene of the accident or within a short time after however, some evidence may not be available until later in the litigation process. This is why it's important to consult a highly-credentialed lawyer for car accidents as soon as you can so that they can begin investigating while the crucial evidence is in its purest form.

2. How to file a complaint

Once the dust has sunk and you have tended to your injuries, it's time to seek out legal counsel from an expert. An attorney for car accidents can provide the expertise needed to help you obtain maximum compensation for your claim.

The first step is to file a complaint in court, which details the specific claims you're making and the amount of money you're seeking in damages. This type of document is typically drafted by an attorney and filed in court. It is also delivered to the defendant.

It also kicks off the discovery phase which allows both sides to exchange information and evidence related to their claims and defenses. The process can take a considerable time and both teams may be required to examine a large number of documents like police reports and witness statements. They might also have to examine medical documents and bills as well as other documents. Both sides can request interrogatories. These are a set of questions which the other side must answer under oath within an agreed upon timeframe.

During this stage, you lawyer will also collaborate with medical professionals to obtain an accurate picture of your injuries as well as the impact they've affected your life. Your lawyer will then estimate the total damages you have suffered that include the past and future medical costs as well as lost earnings, suffering and pain, and more.

Sometimes, your lawyer may be able to negotiate an agreement with the responsible driver's insurance company. This is most likely to take place after the completion of the discovery process and prior to trial. However, if the insurance company refuses to offer a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, your case may go to trial. A jury or judge will decide on the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident where your lawyer and the insurance company of the negligent driver company exchange information that may assist or derail your claim. Your attorney will ask for copies of documents to prove your case. This includes police reports medical bills, as well as work loss records from your employer (showing the amount of time you were absent due to the accident), photos of your vehicle and any damages or injuries, and other financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to ask questions of witnesses and other parties who are not present.

These tools for discovery are used to exchange information between attorneys on both sides. Written discovery tools allow the opposing side a chance to answer questions in writing that need to be answered under oath. They also ask you to provide copies of other information that may be useful to you.

Your Long Island car accident lawyer will also be able to depose witnesses to the collision and anyone with information regarding your injuries or damages that could be relevant to your case. During a deposition at-fault party's lawyer will ask you several questions, and your answers will be recorded on video or transcribed by a court reporter.

These pretrial investigation procedures are designed to assist your lawyer construct a compelling argument against the person at fault and their insurer in order to negotiate an equitable settlement for all of your damages as well as losses, expenses and costs. There is no guarantee of a settlement in every case however the majority of cases do so during or after the investigation process, which is typically concluded prior to the trial.

4. Trial

The majority of car accidents are resolved through informal negotiations, if you and the insurance company are not in agreement about who is to blame or accidents the amount of compensation you are entitled to for your injuries, your case could go to trial. A trial is an official process in which both parties present their arguments and evidence to a factfinder who makes an decision on how to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will be able to give your account of the events in your opening statements to the jury, along with any supporting evidence you have, including images or videos of the accident attorney scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents like medical bills and police reports. You may also testify about your personal memories of the incident, and how it affected your life. Expert witnesses can also testify to back your claims. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

In a trial, the jury will decide if the plaintiff's injuries were the result of the negligence of the defendant. They will examine proximate causes, a complex legal concept that law students spend hours studying. Proximate causes analyzes 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 are entitled to. This is another complicated issue due to how severe your injuries are and the severity of your losses. Your lawyer will present evidence, including expert testimony, about the severity of injuries, lost income and future earnings potential, as also the extent of your suffering and impairment.

5. Settlement

Every state has a legal deadline, referred to as the statute of limitations that you must meet to settle your claim or start a lawsuit. If your lawyer is not able to negotiate a settlement with the insurer, you could be required to bring a lawsuit to court. It's costly and time-consuming, however it is often required 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 attend hearings. Your lawyer will also file legal documents, referred to as motions to ask the court for certain things, such as not allowing certain types of evidence in trial. Settlement negotiations may continue throughout this process, and a lot of civil disputes arising from car accidents end before a trial is required to be held.

If they believe your injury claim is solid and you are willing to go to trial Insurance companies will offer an acceptable settlement offer. Settlements are faster and less risky compared to the court trial.

Before agreeing to an agreement, it's essential to be aware of the severity of your injuries and have completed all medical treatment. If you agree to a settlement before your doctor has determined you have reached the maximum medical improvement (MMI) it is possible to miss out on additional compensation. Also, you should not sign a settlement agreement before you have spoken to your lawyer about the damages. Your lawyer will ensure that you don't be denied compensation that is valuable. They will look over your medical records as well as other documentation to ensure that you are entitled to all the compensation you're entitled to.