The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal letter of demand if the insurance company refuses to provide you with the amount you need for your injuries. This letter will provide a detailed description of your economic losses such as medical costs and lost wages as and non-economic losses like discomfort and pain.

Then a jury or judge will make a decision. If they decide to your advantage you are 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. The gathering of evidence is one of the first steps in the process of litigation, and it requires gathering documents witnesses' testimony, photographs and official reports like police reports.

Photographs of the scene of the accident can help your attorney establish what actually happened in the accident, including the position of both cars after impact, skid marks road debris and other evidence that is physical. Also, note the names and contact details of any witnesses who witnessed what happened. Having witnesses testify that corroborate your version of what happened is crucial as it could be common for drivers to give contradicting accounts of what happened that causes insurance companies to refuse to accept the claim, or even deny any responsibility at all.

Other evidence that your lawyer could utilize include medical records. These could include bills, receipts diagnose reports, lab results, discharge guidelines, and other evidence that proves the extent of your injuries. You should get these records as soon as possible and give copies to your medical professionals.

A deposition is yet another type of evidence that your attorney may employ. It's an out-of the court testimony that is under oath and later translated by a court reporter. Your lawyer could utilize the testimony to prove that your injuries had an immediate and clear connection to the accident and, therefore, can justify the need for compensation for your losses. While the majority of the above types of evidence can be gathered at the accident scene or soon afterward, some of them may not be accessible until later in the litigation process. This is why it's important to consult a highly-credentialed car accident lawyer as soon as you can so that they can begin investigating while vital evidence is still in its purest form.

2. Making a Complaint

After the dust has cleared and you've taken care of your injuries, seek legal guidance from an expert. A car accident attorney will be able to provide the expert advice you require 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 that you are making and the amount you are seeking in damages. The document is usually written by an attorney and then filed in the court. It is also delivered to the defendant.

The discovery phase starts by allowing both parties to exchange information about their defenses and claims. The process can be very long and requires both parties to examine a variety of documents, including police reports witnesses' statements, police reports, medical records, bills and much more. Each side may request interrogatories. These are a set of questions which the other side must answer under oath in a specified time frame.

Throughout this process your lawyer will collaborate with doctors to ensure they have a complete picture of the severity of your injuries and the impact they've had on your daily life. Your attorney will then calculate your total damages, which will include the past and future medical costs loss of earnings, suffering and pain and much more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver at the fault. This is most likely to be the case following the completion of the discovery process and prior to trial. However, if the insurance company refuses to offer a fair settlement or if you've incurred significant losses that aren't covered by the insurance policy, your case may go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit in which your attorney and the insurance company of the negligent driver company exchange information that could aid or hinder your claim. Your attorney will ask for documents that can support your case, such as medical bills, police reports as well as work loss records (e.g. documents from your employer which reveals how much time you missed work due to the accident attorneys) photos of your car and any damages or injuries as well as other financial information. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to inquire about witnesses and witnesses who are not present.

These written discovery tools are sent back and forth between attorneys for both sides. The tools for writing discovery give the opposing party a chance to respond to questions in writing that must be answered under oath. It also allows you to provide copies of other information that might be helpful to you.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident and also anyone who has information about your injuries or damages that could be relevant to your case. During a deposition the lawyer representing the person at fault will ask you questions and your responses could be recorded on video by a court reporter or transcribing.

The goal of these pretrial investigation processes is to assist your lawyer to present a strong and compelling case against the at-fault party as well as their insurer, so that you can get a full and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in every case however most will settle during or following the investigation process, which is often concluded prior to the trial.

4. Trial

While the vast 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 how much compensation you should receive for your injuries, your case could be heard in a trial. A trial is an official proceeding in which both sides present their arguments and evidence to an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases, the factfinder is usually 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 you have, such as images or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You may also testify on your memories of the incident and how it impacted your life. Expert witnesses can also offer evidence to support your claims. The defendant's lawyer can cross-examine witnesses and object to the admissibility or validity of certain evidence.

The jury will decide at trial whether the plaintiff's harm was the result of the defendant's negligence. They will examine proximate cause, a complicated legal concept that lawyers spend many hours studying during law school. Proximate causes considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. It's also a complicated matter because it is based on the severity of your injuries as well as the degree to which you've suffered. Your lawyer will present your evidence including expert witness testimony regarding the severity of your injuries, the loss of income, and your future earnings potential and your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a deadline that you must meet to resolve your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you could require filing a car accident lawsuit in court. This can be time consuming and costly, but it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and accident participate in discovery (a procedure that is formal in which both sides exchange information with each other). Your lawyer will also submit legal documents, referred to as motions, which ask the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout the entire process, and a majority of car accident civil disputes 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 solid and that you are willing to take the case to trial. Settlement is more efficient and less risky than an in-court trial.

It is crucial to fully comprehend your injuries before you agree to a settlement. You should also have completed all medical treatments. You could be denied additional compensation if settling a settlement until your doctor has determined that you have attained the maximum medical improvement. Additionally, you should not sign a release until you have met with your lawyer and have full understanding of your damages. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully examine your medical records and other documents to ensure that you receive the full amount of damages to that you are eligible.