The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you need to cover your injuries, our determined attorneys will prepare an official demand letter. It will detail all your economic damages like medical bills and lost wages, as well as non-economic damages, such as suffering and pain.

A judge or jury will then make a ruling. If they come to a decision 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 negligence and liability 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, including police reports and other official reports.

Your attorney may be able to determine what transpired in the accident by taking photos of the scene, including skid marks and road debris as well as other physical evidence. Note down the names and contact numbers of any eyewitnesses that witnessed the incident. It is crucial that witnesses corroborate the events that were actually happening, as it may often be the case that drivers offer contradictory accounts that lead to insurance companies refusing or denial of the responsibility.

Other forms 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 severity of your injuries. You should seek these documents as soon as you can and provide copies to your healthcare providers.

Another type of evidence your lawyer could use is a deposition, which is a non-court-issued testimony that is given under oath and transcribed by a court reporter. Your lawyer may make use of this testimony to prove your injuries had a clear, identifiable connection to the accident. This helps to justify requesting compensation. While most of the above-mentioned types of evidence can be collected at the scene of the accident or within a short time after, some of it might not be available until later in the litigation process. This is why it's important to consult a highly-credentialed lawyer for car accidents as soon as you can so that they can begin an investigation as evidence is in its most pure form.

2. Making a complaint

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

The first step is to file an application with the court. It will describe your specific claims as well as the amount of money you'd like to claim in damages. This document is typically drafted by your attorney and filed with the court and then served on the defendant.

This also triggers the discovery phase which allows both sides to exchange information and documents related to their claims and defenses. The process can take a considerable duration and both teams will be required to examine a large number of documents, including police records and witness statements. They might also need to look at medical documents as well as bills and other documents. Each side can demand interrogatories. They are a series of questions the other party must answer under oath, within a specific timeframe.

During this stage, you lawyer will also work closely with your doctor to get a full picture of your injuries as well as the impact that they've affected your life. Your lawyer will then calculate the total damages you have suffered, which will include past and future medical expenses loss of earnings, suffering and pain, and more.

Sometimes, your lawyer could be able to reach an agreement with the responsible driver's insurance company. This is more likely following discovery, but before trial. However, if the insurance company refuses to offer 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 jury or judge will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial step in any car accident case. This is when your attorney and the negligent insurance company of the driver share information that could either support or undermine your claim. Your attorney will request copies of the documents supporting your case, such as police reports, medical bills and work loss records (e.g. the records from your employer which reveals how long you missed work because of the accident), photographs of your vehicle as well as any damages or injuries as well as other financial information. Your lawyer will also make use of written discovery tools, such as interrogatories or requests for production as well as requests for admissions to interview witnesses and other parties that aren't present in the case.

These discovery tools written in writing are sent back and forth between attorneys from both sides. The written discovery tools give the opposing party a chance to answer questions in writing which must be answered under oath and to provide copies of other information that may be helpful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the collision and also anyone with information regarding your injuries or damages that could be pertinent to your case. During a deposition the lawyer of the at-fault person will ask you questions and your answers will either be recorded on video by the court reporter or translated.

These pretrial investigation processes are designed to assist your lawyer develop a convincing case against the person who is at fault and their insurer in order to get a fair settlement for all of your injuries and losses, costs and expenses. There is no assurance of a settlement in each case, but most do so after or during the investigation process, which usually concluded prior to the trial.

4. Trial

Although the majority of car accidents settle through negotiations outside of court If you and the insurance company disagree about fault or the amount you are entitled to for your injuries, your case could go to trial. A trial is a formal process where both parties are required to argue their case and provide evidence before the factfinder, who makes an decision on how to resolve the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial the lawyer will explain your story in your opening statements to the jury along with any supporting evidence you have, including images or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You can also testify about your memory of the incident and how it impacted your life. Expert witnesses can also testify to back your assertions. The lawyer representing the defendant can cross-examine witnesses and object to the admissibility of evidence.

In a trial, the jury has to decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will examine proximate cause which is a tangled legal concept that lawyers spend countless hours studying during law school. Proximate cause looks at the relationship between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. This is a thorny issue because it is contingent on the severity of your injuries and the extent of your losses. Your attorney will present your evidence including expert witness testimony about the severity of your injuries, the loss of income, and future earnings potential in addition to your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations that you must meet to settle your claim or bring a lawsuit. If your lawyer cannot negotiate a settlement with your insurer, you could be required to start a lawsuit in the courtroom. This can be time consuming and costly, but it is often required to seek compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and will attend hearings. Your lawyer will also prepare legal documents, also known as motions, requesting the court to take actions like exclude certain types of evidence from trial. Settlement negotiations can go on throughout this process, and many civil disputes arising from car accidents end before a trial has to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is legitimate and that you are willing to take the case to trial. The settlement process is also faster and less risky than an in-court trial.

It is vital to be aware of your injuries prior to a settlement. You should also have completed all medical treatments. If you agree to a settlement before your doctor determines that you have reached your maximum medical improvement (MMI) it is possible to be denied additional compensation. Don't sign a release until you've spoken with your lawyer regarding your damages. Your lawyer will ensure you don't lose out on the valuable compensation. They will carefully review your medical records and other documents to make sure that you receive the entire amount of damages for that you are eligible.