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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 is unable to pay the amount you need for your injuries. This will list all your economic damages like medical bills and lost wages, and non-economic damages, like pain and suffering.

Then, a judge or jury will make a decision. If they decide to your advantage you will be awarded damages, and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence 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, such as police reports, and other official reports.

Your attorney may be able to determine what transpired in the accident by taking photos of the scene, which include skid marks, road debris and other physical evidence. Also, note the names and contact details of any eyewitnesses who saw the incident. Witnesses who testify to corroborate your version of what transpired is vital, especially since it can be common for drivers to give contradicting reports of what happened, which leads to insurance companies refusing to accept the claim or even denying any responsibility at all.

Other evidence that your lawyer could utilize include medical records, which can include bills, receipts, diagnosis reports, lab results, discharge guidelines, and other evidence that proves the severity of your injuries. You should get these records as soon as possible and provide copies to your medical professionals.

Another form of evidence your attorney may make use of is a deposition which is an out-of-court testimonies given under oath and recorded by a court reporter. Your lawyer may use the testimony to prove that your injuries have an immediate and obvious connection to the crash and, therefore, can justify the need for the compensation you deserve for your damages. Although the majority of the above types of evidence are obtained at the scene or shortly afterward but some of the evidence might not be available until later in the litigation process. It is essential to contact an attorney in the case of a car crash with the right credentials immediately so that they can begin an investigation while the evidence is in its most natural form.

2. Making a Complaint

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

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

The discovery phase starts, allowing both parties to share information about their claims and defenses. The process can take a long time and both teams may require a thorough review of documents, including police reports and witness statements. They might also need to look at medical records and bills as well as other documents. Each side can request interrogatories, which are a set of questions which the other party must answer under oath, within a specific timeframe.

In this phase, your lawyer will also work with medical professionals to ensure they have a complete understanding of the severity of your injuries as well as the impact they have had on your daily life. Your attorney will calculate your total damages. This will include future and past medical expenses as well as lost wages, suffering and pain, and much more.

Sometimes, your lawyer might be able to negotiate a settlement with the at-fault driver's insurance company. This is most likely to occur following the conclusion of the discovery process and prior to trial. However, if the insurance company is unable to settle the claim in a fair manner or if you have incurred significant damage that is not covered by the insurance policy, your case may move forward to trial. A jury or judge will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit, where your attorney and the insurance company exchange information that may aid or hinder your claim. Your attorney will ask for copies of the documents supporting your case, including police reports, medical bills and work loss records (e.g. the records from your employer showing how long you missed work due to the accident), photographs of your vehicle, any damage or injuries and other financial information. Your lawyer will also make use of written discovery tools such as interrogatories, requests for production and request for admissions to question witnesses and other parties that aren't present in the case.

The written discovery tools are circulated back and forth between the attorneys from both sides. They give the opposing party an opportunity to reply to questions in writing, which must be answered under oath, and to provide copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the collision and also any person who has information about your injuries or damages that could be pertinent to your case. During a deposition, your lawyer representing the person at fault will ask you questions and your answers will either be recorded on video by an official court reporter or recorded.

These pretrial investigation processes are designed to assist your lawyer build a compelling case against the responsible party and their insurer in order to negotiate an equitable settlement for all your injuries as well as losses, expenses and costs. While there is no assurance that all cases will settle however, the majority of cases settle in the course of or following the discovery process, which can often be completed before your case reaches trial.

4. Trial

The majority of car accident cases are settled through informal negotiations If you and the insurance company do not agree on who is at fault or the amount of compensation you should receive for your injuries, your case may go to trial. A trial is a formal process where both sides present arguments and evidence to a factfinder, who issues a decision that settles the issue. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any evidence supporting it, such as photos or videos of the scene of the accident lawsuits or testimony from witnesses, medical professionals, documents like police reports and bills. You may also offer your testimony about your memories of the incident and how it has changed your life. Expert witnesses will also provide evidence to support your claims. The lawyer for the defendant can cross-examine witnesses and object to admissibility of some evidence.

The jury will decide in the trial whether the plaintiff's injuries was caused by the defendant's negligent behavior. They will look at the proximate causality, a nebulous legal concept that law students will spend hours studying. Proximate causes 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're entitled to. This is a more complicated matter, as it depends on the severity of your injuries and the severity of your losses. Your lawyer will present evidence, including expert testimony, about the severity of injuries as well as lost income and future earning potential, in addition to your pain and suffering and impairment.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations in which you must settle your claim or make a claim. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you may have to file a car accident lawsuit in the court. This can be time consuming and expensive, but it is usually required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a formal procedure where each side exchanges information with one another). Your lawyer will also file legal documents called motions to request the court to consider excluding certain types of evidence at trial. Settlement negotiations may continue throughout this process. A majority of car accident civil disputes are resolved before a trial is needed.

If they believe that your claim is solid and that you are willing to go to trial insurance companies will make a fair settlement offer. Settlements are faster and less risky compared to a court trial.

Before you agree to the settlement, it's important that you fully understand the severity of your injuries and have completed all medical treatment. You may not receive additional compensation if settling the settlement until your physician has determined that you have reached the point of maximum improvement. Don't sign a settlement agreement before you have spoken to your lawyer regarding your damages. Your lawyer will make sure that you don't be denied compensation that is valuable. They will carefully examine your medical records and other documentation to ensure that you receive the full amount of damages to which you are entitled.