The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you need to cover your injuries, our determined lawyers will draft an official demand letter. This will include all of your economic damages such as medical bills and lost wages, and non-economic damages like suffering and pain.

A jury or judge will then come to a decision. If they rule in your favor, they will award you damages and the defendant has to pay them.

1. Gathering Evidence

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

Your attorney may be able to determine what happened during the accident by taking photos of the scene, including skid marks or road debris, as well as other physical evidence. Note down the names and contact details of any witnesses who saw the events. It is essential that witnesses corroborate the events that occurred, as it can often happen that drivers offer contradictory stories that lead to insurance companies denying or refusing the liability.

Medical records can also be used by your lawyer to demonstrate the extent of your injury. They could include bills, receipts laboratory results, diagnosis reports, discharge directions and other documentation. It is important to obtain these records as soon as possible and ensure that you give copies to your healthcare providers.

A deposition is yet another type of evidence your lawyer may employ. This is an out-of court statement made under oath. It is then transcribing by a Court Reporter. Your lawyer could make use of this testimony to prove your injuries have a direct, foreseeable link to the accident. This will help justify seeking compensation. While the majority of these types of evidence are gathered at the accident scene or shortly afterward however, some evidence may not be accessible until later in the litigation process. This is why it's crucial to speak with a well-credentialed lawyer in the event of a car accident law firm as soon as possible so that they can begin the investigation when the evidence is in its purest form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, you should seek legal advice from an expert. A car accident lawyer can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims that you're bringing and the amount you're seeking in damages. The document is usually drafted by your attorney and filed with the court, and then served to the defendant.

The discovery phase starts with both parties able to exchange information about their defenses and claims. The process can be very long and requires both sides to review many documents, including police reports as well as witness statements medical records, bills and more. Both sides can request interrogatories. These are a set of questions that the other side must answer under oath within an agreed upon timeframe.

In this phase, your lawyer will also collaborate with doctors to ensure they have a complete picture of the severity of your injuries and the impact they've affected your daily routine. Your attorney will then calculate the total damages you have suffered that include future and past medical expenses as well as lost earnings, pain and suffering and much more.

Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. This is more likely to happen following discovery, but before trial. However, if the insurance company refuses to negotiate a fair settlement or if you have incurred substantial damages that aren't covered by the insurance policy, your case could go to trial. A judge or jury will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. This is where your attorney and the negligent insurer of the driver exchange information that could help or undermine your claim. Your attorney will request copies of the documents to prove your case. This includes police reports medical bills, work loss documents from your employer (showing how much time you were absent due to the accident), photos of your vehicle damaged or injured and financial information. Your attorney could also make use of written discovery tools, such as interrogatories and requests for production to question witnesses and witnesses who are not present.

These written discovery tools are sent back and accident attorney forth between the attorneys from both sides. They give the opposing party an opportunity to reply to questions in writing, which have to be sworn to under oath, and to supply copies of certain documents or other information which could be beneficial to your case.

Your Long Island Accident Attorney car accident attorney will also interview witnesses and any other person with information about your injuries or damages which could be important to your case. During a deposition, the at-fault party's lawyer will ask you several questions, and your responses will be recorded on video, or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to create an argument that is convincing and persuasive against the at-fault party as well as their insurer so that you can get a full and fair settlement for your losses, injuries and expenses. Although there is no assurance that all cases will settle however, the majority of cases settle either during or after the discovery process, which is often be completed prior to the time your case reaches trial.

4. Trial

Trials are possible in cases when you and the insurance provider disagree regarding the fault of the other party or the amount of compensation you are entitled to for your injuries. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder, who makes a decision that settles the issue. In personal injury cases the factfinder is typically a jury.

During the trial, your lawyer will provide your version of the events in your opening statements to the jury, together with any evidence you have, such as images or videos of the accident scene, witness testimony from bystanders and medical professionals, as well as documents like police reports and medical bills. You can also testify regarding your memories of the incident and how it affected your life. Expert witnesses can also testify to support your claims. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

In a trial, the jury has to determine if the plaintiff's injuries were the result of the defendant's negligence. They will consider proximate cause an intricate legal concept that lawyers will spend many hours studying in law school. Proximate causes focuses on 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 will be awarded. This is a more complicated matter depending on how severe your injuries are and the extent of your losses. Your attorney will present evidence including expert testimony about the severity of injuries, lost income and future earning potential, as well the extent of your suffering and impairment.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations, in which you must settle your claim or make a claim. If your lawyer is not able to reach a settlement with the insurance company, you may be required to file a lawsuit in court. It is costly and time-consuming, but it is usually required to obtain compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal process where both sides exchange information with one another). Your attorney will also submit legal documents, referred to as motions, requesting the court to do things like excluding certain types of evidence from trial. Settlement negotiations can go on throughout this process, and a majority of car accident civil disputes end before a trial can be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is strong and that you'll be willing to go to trial. In addition settlement is quicker and less risky for them than a trial.

It is crucial to fully understand your injuries prior to a settlement. You must also have completed all medical treatments. If you sign a settlement before your doctor has determined that you have reached maximum medical improvement (MMI), you could not receive additional compensation. You should also not sign a contract before you've spoken with your lawyer regarding your damages. Your lawyer will make sure that you do not be denied compensation that is valuable. They will carefully examine your medical records as well as other documents to ensure that you receive the full amount of damages to which you are entitled.