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The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if the insurance company refuses to pay you the amount you need to cover your injuries. This letter will provide a detailed description of your financial losses like medical expenses and lost wages as well as non-economic damages like pain and discomfort.

Then the judge or jury will take a call. If they make a decision in your favor you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is essential to receive compensation for your losses and injuries. Collecting evidence is one the first steps of the litigation process, and it involves gathering evidence, documents, photographs, witness testimony as well as official reports, such as police reports.

Photographs of the scene of the accident can help your attorney establish what actually transpired in the accident, including the position of both cars following the impact, skid marks, road debris, and other physical evidence. Note down the names and contact numbers of any witnesses who were present to witness the incident. Witnesses that testify to support your account of what transpired is vital as it could be common for drivers to have contradictory accounts of what happened that causes insurance companies to refuse to accept the claim or denying any responsibility at all.

Medical records can also be used by your lawyer to demonstrate the severity of your injuries. These records could include bills, receipts laboratory results, diagnosis reports, discharge directions and other forms of documentation. You should seek these documents as soon as you can and ensure that you give copies to your healthcare professionals.

Another form of evidence your attorney may make use of is a deposition which is out-of-court testimony given under oath, and then transcribed by a court reporter. Your lawyer could make use of the testimony to prove that your injuries have a direct and foreseeable connection to the accident and, therefore, can justify the need for compensation for your injuries. Although the majority of the above kinds of evidence can be gathered at the accident scene or soon afterward, some of them may not be available until later in the litigation process. This is why it's crucial to talk to a reputable car accident lawyer as soon as you can, so they can begin the investigation while vital evidence is still in its most pure form.

2. Filing a Complaint

After the dust has settled and you've treated your injuries, it's time to seek legal advice from a professional. 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 the court. The complaint will detail your specific claims and the amount you wish to recover in damages. This document is typically drafted by your lawyer and filed with the court and then served on the defendant.

The discovery phase begins, allowing both parties to exchange information about their defenses and claims. The process can take a long time, and both teams will have to look over a variety of documents like police reports and witness statements. They might also have to examine medical documents and bills as well as other documents. Each side may ask for interrogatories, which are a set of questions which the other party must answer under oath, within a specific timeframe.

During this stage, you lawyer will also collaborate with medical professionals to obtain an accurate picture of your injuries as well as the impact that they've caused on your life. Your lawyer will estimate the total damages. This will include future and past medical expenses, lost wages, pain and suffering and more.

Sometimes, your lawyer could be able to negotiate an agreement with the at fault driver's insurance company. This is likely to take place after the completion of discovery and before trial. If the insurance company is unable to negotiate a fair settlement or if you've sustained significant losses that aren't covered by the insurance policy, your case could go 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 lawyers lawsuit in which your attorney and the insurance company of the negligent driver company exchange information that could support or damage your claim. Your attorney will ask for copies of documents that support your case, including medical bills, police reports or work-related loss records (e.g. the records from your employer indicating the amount of time you were absent from work due to the accident) photographs of your vehicle and any injuries or damages or other pertinent financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to inquire about parties and witnesses who are not present.

These written discovery tools are used to exchange information between attorneys on both sides. Written discovery tools allow the opposing party a chance to respond to questions in writing that must be answered under oath and to provide copies or other information which could be useful to you.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident as well as anyone with information regarding your injuries or damages that could be important to your case. During a deposition, the attorney representing the at-fault party will ask you a series of questions, and your answers will be recorded on video or transcribed by a court reporter.

The goal of these pretrial investigation processes is to assist your lawyer to construct a strong and compelling case to the responsible party and their insurer, so that you can get a full and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case, but the majority of them do so during or after the investigation process, which is typically completed prior to the trial.

4. Trial

The majority of car accident cases are settled through informal negotiations If you and the insurance company aren't in agreement on the cause or the amount of compensation you are entitled to for your injuries, the case may go to trial. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder who renders a verdict that resolves the dispute. In personal injury cases the factfinder usually a jury.

During the trial your lawyer will be able to provide your version of the events in opening statements to the jury along with any supporting evidence you may have, such as photos or video of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents such as police reports and medical bills. You can also offer testimony regarding your memory of the incident and how it has impacted your life. Expert witnesses will also provide testimony to support your assertions. The lawyer for the defendant can cross-examine witnesses and object to admissibility of some evidence.

At trial, jurors must decide if the plaintiff's injuries were caused by the negligence of the defendant. They will consider proximate cause an intricate legal concept that lawyers spend countless hours studying in law school. Proximate causes analyzes 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 are entitled to. This is a more complicated matter because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will present your evidence, including expert testimony from a witness regarding the severity of your injuries, your loss of income, and future earnings potential in addition to your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state has a specific deadline by which you can resolve your claim or file an action. This is referred to as the statutes of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you could be required to file a vehicle accident lawsuit in court. This can be time consuming and costly, however it is often required to seek compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and will attend hearings. Your lawyer will also submit legal documents, referred to as motions, requesting the court to do things such as excluding certain types evidence from trial. Settlement negotiations may continue throughout the entire process, and most car accident civil disputes end before a trial has to be held.

If they believe your injury claim is solid and that you are willing to go to trial insurance companies will make an appropriate settlement offer. In addition the settlement process is quicker and less risky than a trial.

Before settling an agreement, it is crucial to fully comprehend the extent of your injuries and completed all medical treatments. You may not receive additional compensation if you accept the settlement before your doctor has concluded that you have reached the maximum medical improvement. Additionally, you should not sign the release until you've had a conversation with your lawyer and received a complete understanding of your losses. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will scrutinize your medical records, and other documents to ensure that you receive all of the compensation you're entitled to.