The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount of money you need for your injuries, our determined attorneys will prepare a formal demand letter. The letter will outline all of your economic losses such as medical expenses, lost wages as well as non-economic damages such as pain and discomfort.

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

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence and liability is key to obtaining compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports, like police reports, and other official reports.

Photographs of the scene of the accident might help your attorney establish what actually transpired in the accident, including the position of both cars following the collision, skid marks, road debris, and other physical evidence. Also, note the names and contact numbers of any eyewitnesses who witnessed the incident. It is crucial to have witnesses corroborate the events that occurred, as it can often happen that drivers will give contradictory stories that lead to insurance companies refusing or denying responsibility.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injuries. These records could include receipts, bills laboratory results, diagnosis reports, discharge guidelines and other documentation. It is important to obtain these records as soon as you can, and also provide copies to your healthcare providers.

Another type of evidence that your lawyer could utilize is a deposition, which is an out-of-court testimonies given under oath and transcribed by a court reporter. Your lawyer could use the testimony to prove that your injuries had an immediate and predicable connection to the crash, which helps justify requesting compensation for your damages. While the majority of the above types of evidence are collected at the scene of the accident or soon afterward, some of it might not be available until later in the litigation process. It's crucial to speak with a car accident lawyer with the appropriate credentials immediately to begin an investigation when the 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 out legal counsel from an expert. 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 court, which lists the specific claims that you're bringing and the amount of money you are seeking in damages. This document is usually drafted by an attorney and then filed in court. It is also served on the defendant.

The discovery phase begins and allows both parties to exchange information about their defenses and claims. The process can take a considerable time and both teams may need to review a lot of documents like police reports and witness statements. They may also have to examine medical documents and bills as well as other documents. Each side can request interrogatories. These are a series questions that the other side has to answer under oath within the timeframe specified.

In this stage, your lawyer will also collaborate with doctors to ensure that they have a complete understanding of the extent of your injuries and the impact they have had on your daily life. Your lawyer will then calculate the total damages you have suffered that include the past and future medical costs, lost earnings, suffering and pain, and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver at the fault. This is more likely to occur after discovery and before the trial. If the insurance company doesn't agree to a fair settlement, or if your damages are substantial and not covered by insurance, then you might need to go to trial. A jury or judge will make a decision on the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit, where your attorney and the negligent driver's insurance company exchange information that could support or damage your claim. Your attorney will request copies of the documents supporting your case, including medical bills, police reports, work loss records (e.g. the records from your employer indicating how long you missed work due to the accident) photos of your vehicle and any injuries or damages and other financial information. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and other parties who are not present.

The written discovery tools are sent back and forth between attorneys from both sides. They give the opposing party the chance to respond to questions in writing, which need to be answered under oath and to supply copies of certain documents or Attorneys other information that could be helpful to your case.

Your Long Island car accident attorney will also depose witnesses and anyone who has information regarding your injuries or damages which could be crucial to your case. During a deposition, the lawyer of the at-fault person will ask you questions, and your answers could be recorded on video by a court reporter or transcribing.

The purpose of these pretrial investigation processes is to help your lawyer to build an argument that is convincing and persuasive against the at-fault party as well as their insurer, so that you can receive a full and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases settle however, the majority settles either during or after the discovery process, which can be completed before the case goes to trial.

4. Trial

The majority of car accident cases are settled through informal negotiations If you and the insurance company are not in agreement about who is to blame or the amount of compensation you are entitled to for your injuries, your case could go to trial. A trial is a formal hearing in which both sides present arguments and evidence to a factfinder, who renders a verdict that resolves the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the scene witness testimony, statements from witnesses and medical professionals, as well as documents such police reports and bills. You can also give your testimony regarding your recollection of the incident and how it changed your life. Expert witnesses can also testify to back your claims. The lawyer for the defendant can interrogate witnesses and object to the admissibility of evidence.

The jury will determine at trial whether the plaintiff's injuries was the result of the defendant's negligent behavior. They will consider proximate causes, a complex legal concept that law students will spend hours studying. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you're entitled to. This is another complicated issue because it is contingent on the severity of your injuries and the severity of your losses. Your lawyer will provide evidence that 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

Every state has a time limit to settle your claim or file a lawsuit. This is referred to as the statutes of limitations. If your lawyer is unable to negotiate a settlement with your insurer, you may have to start a lawsuit in the courtroom. It can be expensive and time-consuming. However, it is often necessary to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where both sides exchange information with the other). Your lawyer will also prepare legal documents, also known as motions, asking the court to do things like exclude certain types of evidence from trial. Settlement negotiations can continue throughout this process. Many car accident civil disputes are settled before trial is required.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and that you will be willing to go to trial. Settlement is faster and less risky compared to the court trial.

It is crucial to understand your injuries before you agree to a settlement. You must have completed all medical treatment. You could lose out on additional compensation if you accept the settlement until your physician has determined that you have attained the point of maximum improvement. Also, you should not sign a release before you have spoken with your lawyer about your damages. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records and other evidence to make sure that you get the full amount of damages for which you are eligible.