The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter if the insurance company refuses to provide you with the amount you're entitled to for your injuries. It will detail all your financial damages, such as medical bills and lost wages, and non-economic damages, like pain and suffering.

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

1. Gathering Evidence

In a lawsuit involving a car accident, proving the negligence and liability is crucial to get compensation for your losses and injuries. The gathering of evidence is one of the first steps in the litigation process, and it requires gathering documents, photographs, witness testimony as well as official reports like police reports.

Your lawyer may be able to establish what transpired in the incident by taking photographs of the scene, including skid marks, road debris and other physical evidence. Also, note the names and contact information of any eyewitnesses who witnessed what occurred. It is crucial to have witnesses confirm the events took place, since it can often happen that drivers provide contradictory accounts that lead to insurance companies denying or refusing the responsibility.

Other types of evidence your lawyer could utilize include medical records, which may include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other evidence that proves the extent of your injuries. It is important to obtain these documents as soon as you can and provide copies to your healthcare professionals.

Another form of evidence that your lawyer could employ is a deposition which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. Your lawyer can use this testimony to establish your injuries have a clear, identifiable connection to the accident. This helps to justify the need for compensation. While the majority of the above kinds of evidence can be collected at the scene of the accident or within a short time after, some of them may not be accessible until later in the litigation process. This is the reason it's essential to consult a highly-credentialed car accident lawyer as quickly as you can so that they can begin the investigation while the crucial evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, it's best to seek legal advice from an experienced. An attorney for car accidents will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.

The first step is filing an application with the court. It will describe your specific claims as well as the amount you want to recover in damages. This form is usually prepared by an attorney and filed in court. It is also given to the defendant.

The discovery phase starts with both parties able to exchange information regarding their defenses and claims. The process can be very long and requires both sides to go through a myriad of documents including police reports and witness statements medical records, bills and more. Each side can require interrogatories. These are a set of questions that the other party must answer under oath within a set date.

In this phase, your lawyer will also collaborate with doctors to gather an accurate picture of your injuries as well as the impact they've affected your life. Your lawyer will estimate your total damages. This will include future and past medical expenses, accident lawyer lost wages, suffering and pain, and much more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver at the fault. This is more likely to happen after discovery and prior to trial. However, if the insurance company refuses to provide a fair settlement or if you've incurred significant damages that are not covered by the insurance policy, the case may move forward to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit in which your attorney and the negligent driver's insurance company exchange information that may support or damage your claim. Your attorney will ask for copies of documents that support your case, such as police reports, medical bills, work loss records (e.g. documents from your employer that outlines how long you missed work because of the accident), photographs of your vehicle, any damage or injuries as well as other financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties that are not in the case.

These tools for discovery are shared between attorneys on both sides. Written discovery tools allow the other side an opportunity to respond to questions in writing which must be answered under oath. They also ask you to provide copies of other information which could be helpful to you.

Your Long Island car accident lawyer will also take depositions of witnesses to the collision, as well as anyone with information regarding your injuries or damage that could be crucial to your case. During a deposition at-fault party's lawyer will ask you an array of questions and your responses will be recorded on video, or transcribed by a court reporter.

These pretrial investigation processes are designed to assist your lawyer build a compelling case against the person who is at fault and their insurer in order to obtain a fair settlement for all of your injuries or losses, as well as expenses. There is no assurance of a settlement in every case however the majority of them will settle during or following the investigation process, which is typically done prior to trial.

4. Trial

Trials can be arranged in situations when you and the insurance company are not in agreement regarding the fault of the other party or the amount you should be awarded for your injuries. A trial is a formal procedure where both sides present arguments and evidence to a factfinder who renders a verdict that settles the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the accident scene or testimony from witnesses, medical professionals, or documents like police reports and bills. You may also offer your testimony about your memories of the incident and how it had an impact on your life. Expert witnesses will also provide evidence to support your claims. The attorney for the defendant can cross-examine witnesses and object to the admissibility of specific evidence.

At trial, jurors must decide whether the plaintiff's injuries were the result of the defendant's negligence. They will be examining proximate causes which is a complex legal concept that lawyers have to spend many hours studying in law school. Proximate causes considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. It's also a complicated issue due to the degree of your injuries and the amount to which you've suffered. Your lawyer will provide evidence, including expert testimony, regarding the severity of injuries, lost income and future earning potential, as well the extent of your suffering and impairment.

5. Settlement

Every state has a deadline to settle your claim or bring a lawsuit. This is referred to as the statutes of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, then you might be required to file a vehicle accident lawsuit in the court. It is costly and time-consuming, but this is often necessary to get compensation.

During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents known as motions asking the court for accident lawyer specific things such as the exclusion of certain kinds of evidence at trial. Settlement negotiations can be ongoing throughout this process, and a lot of civil disputes arising out of car accidents will end before a trial is required to 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. Settlements are faster and less risky compared to a court trial.

Before agreeing to a settlement, it is essential to be aware of the severity of your injuries and that you have completed all medical treatment. You could be denied additional compensation if you agree to an offer of settlement until your doctor has concluded that you have reached the point of maximum improvement. Don't sign a release until you've talked to your lawyer and gained a complete understanding of your damages. Your lawyer will ensure that you don't miss out on valuable compensation. They will go through your medical records, and other documents, to ensure that you receive all the damages that you are entitled to.