The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter in the event that the insurance company refuses to provide you with the amount you're entitled to for your injuries. This letter will provide a detailed description of your financial damages such as medical expenses and lost wages, as in addition to non-economic damages like pain and accident discomfort.

Then a judge or jury will then make a decision. If they rule in your favor they will make you a victim and the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is key to obtaining compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident may help your attorney establish what actually transpired during the accident, including the position of both vehicles after collision, skid marks, road debris and other evidence that is physical. Also, take note of the names and contact information of any eyewitnesses who saw what transpired. Having witnesses testify that corroborate your version of what happened is crucial, especially since it can be common for drivers to give contradicting stories of what happened. This leads to insurance companies refusing to accept the claim or denying the responsibility completely.

Other evidence forms your lawyer could use include medical records, which could include bills, receipts diagnose reports, lab results, discharge instructions and other evidence that demonstrates the extent of your injuries. It is important to obtain these records as quickly as you can and send copies to your healthcare providers.

A deposition is a different type of evidence that your attorney might make use of. It is an out-of the court testimony that is under oath, which is then transcribed by a Court Reporter. Your lawyer could utilize the testimony to prove that your injuries had an immediate and clear connection to the accident which can help justify compensation for your damages. While the majority of these types of evidence are gathered at the accident scene or shortly afterward but some of the evidence might not be accessible until later in the litigation process. This is why it's vital to contact a reputable car accident lawyer as soon as you can, so they can begin investigating when the evidence is in its purest form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, you need to seek legal advice from an expert. A car accident attorney can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is filing a complaint with the court. It will describe your specific claims and the amount of money you want to recover in damages. This form is usually prepared by an attorney and filed in the court. It will also be delivered to the defendant.

This also initiates the discovery phase which allows both sides to exchange information and evidence that is related to their defenses and claims. The process can take a long time and both teams may be required to examine a large number of documents including police reports and witness statements. They might also have to examine medical documents or bills, as well as other documents. Each side can demand interrogatories. They are a series of questions that each party must answer under oath within a specified timeframe.

During this stage, you lawyer will also work closely with medical professionals to obtain the full picture of your injuries and the impact they've had on your life. Your lawyer will estimate your total damages. This will include past and upcoming medical expenses, lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer could be able to reach an agreement with the at-fault driver's insurance company. This is most likely to be the case following the completion of discovery, but before trial. If the insurance company refuses an acceptable settlement, or if your 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 on all of the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit, where your attorney and the insurance company exchange information that may help or hurt your claim. Your attorney will request copies of documents that support your case, including medical bills, police reports, work loss records (e.g. an email from your employer which reveals how long you missed work because of the accident), photographs of your car and any injuries or damages or other pertinent financial information. Your lawyer will also make use of written discovery tools, such as interrogatories and requests for production, as well as requests for admissions to interview witnesses and parties who aren't present in the case.

These written discovery tools are distributed back and forth between attorneys from both sides. The written discovery tools provide the opposing side a chance to answer questions in writing, which must be answered under oath. It also allows you to provide copies of other information which could be helpful to you.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident and anyone with information regarding your injuries or damage that could be crucial to your case. In a deposition, the lawyer representing the at-fault party will ask you questions and your answers will be recorded on video by an official court reporter or recorded.

The purpose of these pre-trial investigation procedures is to help your lawyer to construct an argument that is persuasive and strong to the at-fault party and their insurance company so that you can get a full and fair settlement for your injuries, losses and expenses. Although there is no guarantee that every case will settle however, the majority settles in the course of or following the discovery process, which is often be completed prior to the time your trial.

4. Trial

While the vast majority of car accident cases settle through negotiations outside of court, if you and the insurance company aren't in agreement on the cause or how much compensation you should receive for your injuries, the case may be heard in a trial. A trial is a formal hearing in which both sides present arguments and evidence to a factfinder who renders a verdict that settles the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial, your lawyer will present your version of events in opening statements to the jury, along with any supporting evidence you have, such as photos or video of the accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You can also give your testimony about your memories of the incident and how it affected your life. Expert witnesses can also offer evidence to back up your assertions. The attorney representing the defendant may cross-examine witnesses and object to the admissibility of specific evidence.

At trial, the jury will decide if the plaintiff's injuries were the result of the negligence of the defendant. They will look at proximate causes, a complex legal concept that law school students spend hours studying. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury also has to decide the amount of damages you are entitled to. This is a complicated 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 testimony from a witness regarding the severity of your injuries, your loss of income, and your future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state has a specific legal deadline, commonly referred to as the statute of limitations, by which you must settle your claim or file a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you might have to file a car accident lawsuit in court. It is costly and time-consuming, but it is often necessary to seek compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal process in which each party exchanges information with the other side) and attend hearings. Your attorney will also prepare legal documents, also known as motions, requesting the court to do things like excluding certain types of evidence from trial. Settlement negotiations can be ongoing throughout the process, and a lot of car accident civil disputes end before a trial has to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and that you will be willing to take the case to trial. Settlements are faster and Accident Lawsuits less risky compared to the court trial.

It is important to fully comprehend your injuries before you agree to an agreement. You should also have completed all medical treatments. If you agree to a settlement before your doctor has determined you have reached your maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. It is also important not to sign a release before you've spoken with your lawyer regarding your damages. Your lawyer will make sure that you do not get a poor deal on compensation. They will carefully review your medical records and other evidence to ensure that you receive the entire amount of damages to which you are eligible.