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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal letter of demand if the insurance company refuses to provide you with the amount you're entitled to for your injuries. This will outline all your financial losses such as medical bills and lost wages, and other damages that are not economic, like suffering and pain.

Then a jury or judge will decide. If they rule in your favor you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident might help your attorney establish what actually transpired during the collision, including the positions of both cars after collision, skid marks, road debris, and other physical evidence. Note down the names and contact information of any witnesses who saw what transpired. Witnesses who testify to corroborate your account of events is important, especially since it can be common for drivers to have conflicting accounts of what happened that can lead to insurance companies refusing to accept the claim, or even deny any responsibility at all.

Medical records can also be utilized by your lawyer in order to prove the severity of your injury. These documents may include bills, receipts and lab results, diagnose reports, discharge guidelines and other documentation. It is essential to get these records as quickly as you can, and also provide copies to your healthcare providers.

Another type of evidence your attorney might employ is a deposition which is out-of-court testimony given under oath that is then transcribing by a court reporter. Your lawyer could use the testimony to prove that your injuries had an immediate and clear connection to the accident lawyers and can be used to justify compensation for your injuries. Most of the evidence mentioned above can be collected at the scene of the accident or within a short time however, some might not be available until later in the legal process. This is the reason it's essential to talk to a reputable lawyer for car accidents as soon as you can, so they can begin investigating as evidence is in its most pure form.

2. Making a complaint

After the dust has cleared and you've taken care of your injuries, you need to seek legal guidance from an expert. 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. This will outline your specific claims as well as the amount you'd like to recover in damages. This document is usually drafted by an attorney, and filed in court. It is also given to the defendant.

The discovery phase starts, allowing both parties to exchange information about their claims and defenses. The process can take a considerable time, and both teams will be required to examine a large number of documents including police reports and witness statements. They might also have to review medical records, bills, and other documents. Each side may demand interrogatories. They are a series of questions which the other party must answer under oath within a set time frame.

In this phase the lawyer will collaborate with doctors to ensure they have a complete picture of the severity of your injuries and the impact they have affected your daily routine. Your lawyer will calculate the total damages. This will include future and past medical expenses, lost wages, pain and suffering and more.

Your lawyer may be able negotiate a settlement with the insurance company of the driver who is at fault. This is more likely to occur following discovery, but before trial. If the insurance company refuses 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 be referred to trial. A judge or jury will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit where your lawyer and the insurance company exchange information that may help or hurt your claim. Your attorney will request copies of the documents that support your case, including medical bills, police reports and work loss records (e.g. the records from your employer showing how much time you missed work because of the accident) photos of your vehicle as well as any injuries or damages or other pertinent financial information. Your attorney may also employ written discovery tools such as interrogatories and requests for production to ask questions of witnesses and other parties who are not present.

These tools for writing discovery are exchanged between attorneys from both sides. They give the opposing side a chance to respond to questions in writing, that must be sworn to in oath and to provide copies of certain documents and other information that could be helpful to your case.

Your Long Island car accident lawyer will also be able to depose witnesses to the collision and also anyone with information on your injuries or damage that could be crucial to your case. During a deposition, the lawyer representing the person at fault will ask you questions and your responses will be recorded on video by the court reporter or translated.

The purpose of these pretrial investigation processes is to assist your lawyer to present a strong and compelling case to the at-fault party and their insurer, so that you can secure a fair and complete settlement for your losses, injuries and expenses. Although there is no guarantee that every case will settle however, the majority of cases settle in the course of or following the discovery process, which may be completed prior to the time your case is brought to trial.

4. Trial

Although the majority of car accidents are resolved through informal negotiations, if you and the insurance company do not agree on who is at fault or the amount of compensation you are entitled to for your injuries, your case may go to trial. A trial is an official proceeding in which both parties are required to argue their case and provide evidence before an impartial factfinder who takes a decision to resolve the dispute. 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 as well as any other evidence that you have, like images or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents such as medical bills and police reports. You can also give your testimony regarding your memory 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.

At trial, jurors must decide if the plaintiff's injuries were the result of the negligence of the defendant. They will examine the proximate cause, a complicated legal concept that law students will spend hours studying. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you should receive. This is a complicated issue depending on the severity of your injuries and the severity of your losses. Your attorney will provide evidence, including expert testimony, regarding the severity of your injuries loss of income, future earning potential, in addition to your suffering and impairment.

5. Settlement

Each state establishes a legal deadline, referred to as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, then you might require filing a car accident lawsuit in court. This could be a lengthy process and costly, however it is usually necessary to pursue compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which parties exchange information with the other side) and attend hearings. Your lawyer will also file legal documents called motions asking the court to consider the exclusion of certain kinds of evidence during trial. Settlement negotiations can go on throughout the process, and most civil disputes arising from car accidents end before a trial needs to be held.

If they believe that your claim is legitimate and you are willing to go to trial, insurance companies will make an honest settlement offer. The settlement process is also more efficient and less risky than a court trial.

It is essential to fully understand the extent of your injuries prior to agreeing to an agreement. You should also have completed all medical treatment. You could be denied additional compensation if you sign an offer of settlement until your doctor has determined that you have reached the maximum level of improvement in your medical condition. Don't sign a release until you've had a conversation with your lawyer and received an understanding of all losses. Your lawyer will ensure you don't lose out on the valuable compensation. They will scrutinize your medical records and other documents, to ensure that you are entitled to all damages you are entitled to.