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The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount you need to cover your injuries, our determined attorneys will prepare an official demand letter. This letter will provide a detailed description of your financial damages such as medical expenses and lost wages as and non-economic losses like discomfort and pain.

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

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is the most important aspect to obtain compensation for your losses and injuries. 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 aid your lawyer in determining what actually happened in the collision, including the positions of both cars following the collision, skid marks, road debris and other physical evidence. Note down the names and contact details of any witnesses who witnessed the incident. It is essential that witnesses corroborate the events that took place, as it can often be the case that drivers will give contradictory statements that result in insurance companies refusing to accept or deny liability.

Medical records can also be utilized by your lawyer to establish the severity of your injuries. These documents could include bills, receipts laboratory results, diagnosis reports, discharge instructions, and other forms of documentation. It is essential to get these records as soon as you can, and also provide copies to your healthcare professionals.

Another form of evidence your lawyer could use is a deposition, which is a non-court-issued testimony that is given under oath and recorded by a court reporter. Your lawyer can use the testimony to prove that your injuries have had an immediate and obvious connection to the accident and, therefore, can justify the need for the compensation you deserve for your damages. The majority of the evidence mentioned above is available at the site of the accident law firm or within a short time but some of it may not be available until later in the legal process. It's crucial to speak with an attorney for car accidents with the appropriate credentials immediately so they can begin an investigation when the evidence is in its purest form.

2. Making a Complaint

Once the dust has sunk and you have tended to your injuries, it's the time to seek out legal counsel from an expert. A lawyer for car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file an application with the court. The complaint will detail your specific claims and the amount of money you'd like to recover in damages. The complaint is typically written by your attorney and filed with the court and served to the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can take a long time and both teams will need to review a lot of documents, including police records and witness statements. They might also need to examine medical records, bills, and other documents. Each side may ask for interrogatories, which are a series of questions the other party must answer under oath within a set timeframe.

In this phase, your lawyer will also work closely with doctors to get a full picture of your injuries as well as the impact they've affected your life. Your lawyer will calculate your total damages. This will include past and upcoming medical expenses as well as lost wages, pain and suffering and more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver who is at the fault. This is more likely to occur following discovery and prior to 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, the case could be referred to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit where your lawyer and the insurance company exchange information that could support or damage your claim. Your attorney will request copies of documents that support your case, including medical bills, police reports and work loss records (e.g. an email from your employer indicating how long you missed work due to the accident), photographs of your car and any injuries or damages or other pertinent financial information. Your attorney will also make use of written discovery tools such as interrogatories, requests for production and requests for admissions to interview witnesses and other parties who aren't present in the case.

These discovery tools written in writing are distributed back and forth between the attorneys of both sides. They provide the opposing party a chance to respond to questions in writing, which need to be sworn to under oath, and to provide copies of certain documents or other data that could be useful to your case.

Your Long Island car accident attorney will also question witnesses and any other person with information about the damages or injuries you sustained that could be crucial to your case. During a deposition, your lawyer representing the party at fault will ask you questions and your answers could be recorded on video by the court reporter or translated.

The purpose of these pre-trial investigation procedures is to assist your lawyer to build an argument that is convincing and persuasive to the at-fault party and their insurer, so that you can get a fair and complete settlement for your injuries, losses and expenses. There is no assurance of a settlement in every case but most will settle during or following the investigation process, which usually concluded prior to the trial.

4. Trial

Trials are possible when you and the insurance company are not in agreement on fault or the amount you should be awarded for your injuries. A trial is a formal process where both parties are required to argue and present evidence to the factfinder, who makes an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will give your account of the events in opening statements to the jury, along with any supporting evidence that you have, like pictures or videos of accident scene, testimony from people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You can also give your testimony regarding your memories of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will decide during trial whether the plaintiff's harm was caused by the defendant's negligence. They will consider the proximate cause, a complicated legal concept that law school students spend hours studying. Proximate cause looks at the relationship between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. It is also a complicated issue because it is contingent on the severity of your injuries and the amount to which you've suffered. Your lawyer will present evidence including expert testimony regarding the severity of your injuries that resulted in loss of income and earnings potential, as also your suffering and impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations where you have to settle your claim or file a lawsuit. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you might be required to file a vehicle accident lawsuit in the court. It can be expensive and time-consuming, however it is often required to seek compensation.

During this process during this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and be present at hearings. Your lawyer will also submit legal documents, referred to as motions, requesting the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can go on throughout this process, and most civil disputes in car accidents settle before a trial has to be held.

If they feel that your injury claim is solid and that you are willing to go to trial insurance companies will make an acceptable settlement offer. Settlement is quicker and less risky than the court trial.

Before agreeing to an agreement, it's crucial to fully comprehend the severity of your injuries and completed all medical treatments. You could lose out on additional compensation if you sign the settlement until your physician has confirmed that you have achieved the maximum medical improvement. Also, you should not sign an agreement until you have talked to your lawyer and had an accurate understanding of your losses. Your lawyer will make sure that you do not be denied compensation that is valuable. They will carefully review your medical records and other evidence to ensure that you get the full amount of damages for which you are eligible.