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The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal letter of demand if the insurance company refuses to pay you the amount you require for your injuries. This letter will provide a detailed description of your financial damages such as medical costs and lost wages, as also non-economic damages like discomfort and pain.

A jury or judge will then take a call. If they decide in your favor you will be awarded damages. In addition, the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is essential to receive compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports including police reports and other official reports.

Your attorney might be able to determine what transpired in the accident by taking photographs of the scene, including skid marks or road debris, as well as other physical evidence. Take down the names and phone numbers of any witnesses who saw what happened. Witnesses who testify that confirm your account of what transpired is vital as it could be common for drivers to have contradictory reports of what happened, which can lead to insurance companies refusing to accept the claim or even denying responsibility completely.

Other types of evidence your lawyer could utilize include medical records, which may include receipts, bills, diagnosis 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 possible and be sure to give copies to your healthcare providers.

Another form of evidence that your attorney might use is a deposition, which is out-of-court testimony given under oath and transcribed by a court reporter. The lawyer can use the testimony to prove the fact that your injuries had an immediate and clear connection to the accident, which helps justify requesting compensation for your losses. While the majority of the above types of evidence can be taken at the scene of the accident or within a short time after however, some evidence may not be accessible until later in the litigation process. This is why it's important to speak with a well-credentialed lawyer in the event of a car accident as soon as possible so that they can begin the investigation when the evidence is in its purest 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. An attorney who has handled car accidents can provide the necessary expertise to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint in the court, describing the specific claims that you are making and the amount of money you are seeking in damages. The complaint is typically written by your lawyer and filed with the court and served to the defendant.

It also kicks off the discovery phase, which allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can be very long and requires both sides to examine a variety of documents, including police reports witnesses' statements, police reports medical records, invoices and more. Each side may request interrogatories, which are a set of questions that the other party must answer under oath by a predetermined time frame.

Throughout this stage, your lawyer will also collaborate with medical professionals to ensure they have a complete understanding of the seriousness of your injuries and the impact they've affected your daily routine. Your lawyer will estimate the total damages. This will include past and upcoming medical expenses including lost wages, suffering and pain and suffering, and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver at fault. This is more likely to happen following discovery and prior to trial. However, if the insurance company is unable to settle the claim in a fair manner or if you've suffered substantial damages that aren't covered by the insurance policy, the case could go to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit the attorney representing you and the insurance company exchange information that may help or hurt your claim. Your attorney will ask for copies of the documents supporting your case, including police reports, medical bills or work-related loss records (e.g. the records from your employer indicating how much time you missed work because of the accident), photographs of your vehicle as well as any damage or injuries as well as other financial information. Your lawyer will also make use of documents for discovery in writing, such as interrogatories, requests for production and requests for admissions to question witnesses and parties who are not part of the case.

These documents are shared between attorneys on both sides. They provide the opposing party a chance to respond to questions in writing, which have to be answered under oath, and to supply copies of specific documents or other information that could be useful to your case.

Your Long Island car accident lawyer will also be able to depose witnesses to the accident and anyone with information on your injuries or damage that could be crucial 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 translated by a court reporter.

These pretrial investigation processes are designed to help your lawyer construct a compelling case against the at-fault person and their insurer to obtain an equitable settlement for all your injuries as well as losses, expenses and costs. Although there is no assurance that all cases will settle however, the majority settles either during or after the discovery process, which may be completed before your case reaches trial.

4. Trial

Trials are possible in cases when you and the insurance company are not in agreement on fault or the amount of compensation you should be awarded for your injuries. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder, who makes a decision which settles the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will present your version of events in your opening statements to the jury, as well as any other evidence that you have, like images or videos of the accident scene, witness testimony from bystanders and medical professionals, as well as documents such as police reports and medical bills. You may also offer your testimony about your memories of the incident and how it had an impact on your life. Expert witnesses can also testify to support your assertions. The attorney for the defendant can cross-examine witnesses and object to the admissibility of specific evidence.

In a trial, the jury will decide if the plaintiff's injuries were caused by the negligence of the defendant. They will be examining proximate causes which is a tangled legal concept that lawyers will spend many hours studying in law school. Proximate cause examines how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. It's also a complex issue due to the degree of your injuries and the amount to which you've suffered. Your attorney will present your evidence that includes expert testimony from a witness regarding the severity of your injuries, your loss of income, as well as future earnings potential as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Every state has a legal deadline, also known 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 an acceptable settlement with the insurance company, then you might require filing a car accident lawsuit in the court. This could be a lengthy process and costly, but it is often required to seek compensation.

During this procedure you and 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 file legal documents known as motions asking the court for certain things, such as the exclusion of certain types of evidence during trial. Settlement negotiations may continue throughout the entire process, and a majority of civil disputes arising out of car accidents will end before a trial needs to be held.

If they believe that your claim is solid and you are willing to go to trial, insurance companies will make a fair settlement offer. Additionally, the settlement process is faster and less risky than a trial.

Before agreeing to an agreement, it is important to understand the extent of your injuries and completed all medical treatment. You could lose out on additional compensation if you accept a settlement until your doctor has determined that you have attained the level of medical improvement that is the highest. Additionally, you should not sign a release until you have talked to your lawyer and have a complete understanding of your losses. Your lawyer will ensure you don't miss out on valuable compensation. They will carefully examine your medical records and other documents to make sure that you receive the total amount of damages to which you are eligible.