The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal letter of demand if the insurance company refuses to pay the amount you require for your injuries. It will detail all your financial damages including medical expenses and lost wages, as well as non-economic damages, such as pain and suffering.

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

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is the most important aspect to obtain compensation for your losses and injuries. Collecting evidence is one the first steps of the process of litigation, and it requires gathering documents such as photographs, witness testimony as well as official reports such as police reports.

Photographs of the scene of the accident may aid your lawyer in determining what actually happened in the collision, including the location of both vehicles after impact, skid marks, road debris and other physical evidence. Take down the names and contact information of any witnesses who saw what happened. Having witnesses testify that corroborate your version of the events is essential particularly since it can be common for drivers to give contradicting accounts of what happened that can lead to insurance companies refusing to accept the claim or even denying responsibility completely.

Medical records can also be utilized by your lawyer in order to prove the severity of your injury. These documents could include receipts, bills as well as lab results, diagnosis reports, discharge instructions and other forms of documentation. You should get these documents as soon as is possible, and make sure to provide copies to your healthcare professionals.

Another type of evidence your attorney may utilize is a deposition, which is an out-of-court testimonies given under oath and recorded by a court reporter. The lawyer can utilize this testimony to prove that your injuries had a direct, foreseeable link to the accident. This helps to justify the need for compensation. The majority of the evidence listed above can be collected at the site of the accident or within a short time but some of it may not be available until much later in the legal process. This is why it's important to consult a highly-credentialed lawyer for car accidents as soon as possible, so that they can begin investigating while vital evidence is still in its most pure form.

2. Making a complaint

After the dust has cleared and you've taken care of your injuries, you should seek legal advice from a professional. An attorney for car accidents can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims that you have filed and how much money you are seeking in damages. The document is usually written by an attorney and filed in the court. It will also be given to the defendant.

The discovery phase starts by allowing both parties to share information about their defenses and claims. The process can be lengthy and requires both sides to examine a variety of documents, including police reports and witness statements, medical records, bills and much more. Each side may request interrogatories. These are a series questions that the other side must answer under oath within the specified timeframe.

During this stage, you lawyer will also collaborate with medical professionals to obtain the full picture of your injuries as well as the impact that they've affected your life. Your attorney will calculate your total damages. This will include past and upcoming medical expenses, lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer may be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely to happen following discovery and prior to trial. If the insurance company refuses a fair settlement or if the damages are significant and are not covered by insurance, then you might need to go to trial. A jury or judge will decide on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. This is where your attorney and negligent insurer for the driver exchange information that can support or derail your claim. Your attorney will request 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 because of the accident) photos of your vehicle as well as any injuries or damage and other financial information. Your attorney may also employ written discovery tools such as interrogatories and requests for production to question parties and witnesses who are not present.

These tools for discovery in writing are exchanged back and forth between attorneys of 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 information that could be helpful to your case.

Your Long Island car accident attorney will also question witnesses and anyone who has information about your injuries or damages which could be essential to your case. During a deposition at-fault party's lawyer will ask you several questions, and your answers will be recorded on video or transcribed by a court reporter.

These pretrial investigation processes are designed to assist your lawyer create a compelling argument against the person at fault and their insurer in order to obtain a fair settlement for all your injuries as well as losses, expenses and costs. There is no guarantee of a settlement in every case, but the majority of cases do so during or after the investigation process, which usually completed before the trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations however, if you and your insurance company do not agree on who is at fault or the amount you are entitled to for your injuries, the case may go to trial. A trial is an official process in which both parties are required to argue their case and provide evidence before a factfinder who makes an announcement to settle the dispute. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will be able to provide your version of the events in opening statements to the jury and any supporting evidence that you have, like photographs or videos of the accident scene, witness testimony from witnesses 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 are also able to testify in support of your assertions. The attorney representing the defendant may cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's injury was the result of the defendant's negligent behavior. They will consider the proximate causes, which is a complicated legal concept that law students will spend hours studying. Proximate causes analyzes the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. This is a thorny issue, as it depends on the severity of your injuries and the severity of your losses. Your attorney will present your evidence which includes expert witness testimony on the severity of your injuries, the loss of income and future earnings potential in addition to your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state sets 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 be required to file a vehicle accident lawsuit in the court. It can be lengthy and expensive, yet it is usually necessary to pursue compensation.

During this process, your Long Island personal injury lawyer will participate in discovery (a formal process in which each party exchanges information with the other side) and also attend hearings. Your attorney will also prepare legal documents, also known as motions, which ask the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing throughout this process, and a majority of civil disputes arising from car accidents end before a trial is required to be held.

If they believe that your injury claim is solid and you are willing to go to trial, insurance companies will make an honest settlement offer. Additionally, settlement is quicker and less risky for them than a trial.

It is essential to understand your injuries prior to committing to an agreement. You must have completed all medical treatments. If you settle prior to your doctor determining that you have reached maximum medical improvement (MMI), you could not be eligible for additional compensation. Don't sign an agreement until you have spoken with your lawyer and have an understanding of all damages. Your lawyer will ensure that you do not lose out on the valuable compensation. They will scrutinize your medical records as well as other documents, to ensure that you receive all of the damages for which you qualify.