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The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal letter of demand if the insurance company refuses to pay you the amount you need for your injuries. The letter will outline all of your economic damages such as medical expenses and lost wages, as in addition to non-economic damages such as pain and discomfort.

A jury or judge will then take a call. If they rule in your favor, you will be awarded damages, and the defendant must 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. Gathering evidence is one of the first steps in the litigation process, and it involves collecting documents witnesses' testimony, photographs, and official reports such as police reports.

Your attorney might be able to determine the circumstances of the incident by taking photographs of the scene, including skid marks, road debris and other physical evidence. Record the names and contact details of any witnesses who saw what transpired. It is crucial to have witnesses to verify the events that occurred, as it can often be the case that drivers provide contradictory stories that lead to insurance companies denying or refusing liability.

Other forms of evidence your lawyer might use include medical records, which may include receipts, bills, diagnosis reports, lab results, discharge instructions, and other documentation that demonstrate the extent of your injuries. It is important to obtain these records as soon as possible and provide copies to your medical professionals.

Another form of evidence that your attorney might make use of is a deposition which is out-of-court testimony given under oath, and then transcribed by a court reporter. Your lawyer may make use of this testimony to prove your injuries had a clear, identifiable connection to the accident. This can be used to justify seeking compensation. Most of the evidence mentioned above can be obtained at the site of the accident or shortly afterwards but some of it may not be available until later in the litigation. This is why it's vital to talk to a reputable car accident lawyer as soon as possible, so that they can begin an investigation as evidence is in its purest form.

2. Making 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 from a car accident law firm can offer you the knowledge to maximize your compensation.

The first step is to file a complaint in court, which lists the specific claims that you are making and the amount of money you're seeking in damages. The document is usually drafted by your lawyer and filed with the court and served on the defendant.

The discovery phase begins, allowing both parties to exchange information regarding their claims and defenses. The process can take a long time and both teams may require a thorough review of documents including police reports and witness statements. They might also have to look at medical documents or bills, as well as other documents. Both sides can request interrogatories. These are a series of questions which the other side must answer under oath in an agreed upon timeframe.

Throughout this process the lawyer will work with doctors to ensure they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your attorney will calculate your total damages that will include the future and past medical expenses as well as lost earnings, suffering and pain, and more.

Your lawyer could be able to negotiate a settlement with the insurance company of the driver who is at fault. This is more likely after discovery and before the trial. If the insurance company is unable to settle the claim in a fair manner or if you've sustained significant damage that is not covered by the insurance policy, the case may go to trial. A judge or jury will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will request copies of documents to prove your case. These include police reports as well as medical bills and work loss documents from your employer (showing the length of time you've missed because of the accident) photos of your vehicle as well as any injuries or damages, and other financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

These documents are exchanged between attorneys from both sides. They give the opposing side a chance to respond to questions in writing, which need to be answered under oath, and to provide copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident lawyer will also depose witnesses to the collision and anyone with information on your injuries or damages that could be important to your case. In a deposition, the attorney representing the at-fault party will ask you several questions, and your responses will be recorded on video or transcribing by a court reporter.

The pretrial investigation process is designed to assist your lawyer construct a compelling case against the responsible party and their insurer in order to get a fair settlement for all your injuries as well as losses, expenses and costs. Although there is no guarantee that all cases settle however, the majority of cases settle at the end of or following the discovery process, which is often be completed before your trial.

4. Trial

The majority of car accidents settle through out-of-court negotiations 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 proceeding that involves both sides presenting arguments and evidence to a factfinder, who makes a decision that settles the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will explain your story in your opening statements to the jury along with any supporting evidence you may have, such as pictures or videos of accident scene, testimony from bystanders and medical professionals, and documents such as medical bills and police reports. You can also provide testimony regarding your recollection of the incident and how it affected your life. Expert witnesses are also able to testify in support of your claims. The lawyer for the defendant can interrogate witnesses and object to admissibility of some evidence.

The jury will decide in the trial whether the plaintiff's injuries was the result of the defendant's negligent conduct. They will consider proximate cause which is a tangled legal concept that lawyers spend many hours studying in law school. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury is also required to decide how much compensation you will be awarded. It is also a complicated issue because it depends on the extent of your injuries and the extent to which you've suffered. Your lawyer will present your evidence including expert testimony from a witness regarding the severity of your injuries, your lost income, as well as future earnings potential, as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Every state has a time limit within which you can settle your claim, or even file an action. This is referred to as the statute of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you might require filing a car accident lawsuit in the court. It can be expensive and time-consuming, but this is often required to seek compensation.

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 also attend hearings. Your lawyer will also prepare legal documents, also known as motions, requesting the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are resolved before a trial is needed.

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

Before settling an agreement, it's important to understand the extent of your injuries and completed all medical treatment. You could be denied additional compensation if you agree to the settlement before your doctor has confirmed that you have achieved the point of maximum improvement. Also, you should not sign a contract before you've spoken with your lawyer about your injuries. Your attorney will ensure that you don't miss out on valuable compensation. They will carefully review your medical records and other evidence to make sure that you get the full amount of damages to which you are eligible.