The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter in the event that the insurance company is unable to pay the amount you're entitled to for your injuries. This will outline all your financial losses, such as medical bills and lost wages, and other damages that are not economic, like suffering and pain.

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

1. Gathering Evidence

In a lawsuit for a car accident, 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 documents, photos, witness testimony, official reports, including police reports and other official reports.

Your attorney may be able to determine what transpired in the incident by taking photographs of the scene, which include skid marks or road debris, as well as other physical evidence. Also, take note of the names and contact details of any witnesses who witnessed the incident. It is important to have witnesses corroborate the events that took place, as it can often be the case that drivers give contradictory stories that lead to insurance companies refusing or denial of responsibility.

Other forms of evidence your lawyer might use include medical records. These could include receipts, bills, diagnosis reports, lab results, discharge guidelines, and other evidence that demonstrates the extent of your injuries. You should seek these records as soon as possible and ensure that you provide copies to your healthcare providers.

Depositions are another form of evidence that your attorney may make use of. It's an out-of court statement made under oath and later translated by a court reporter. Your lawyer can utilize the testimony to prove that your injuries have a direct and foreseeable connection to the accident, which helps justify requesting compensation for your losses. The majority of the evidence mentioned above can be obtained at the scene of the accident or shortly afterwards however, some might not be available until later in the legal process. This is why it's important to contact a reputable lawyer for car accidents as soon as possible so that they can begin the investigation when the evidence is in its most pure form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, you should seek legal advice from a professional. A lawyer from a car accident can give you the experience to maximize your compensation.

The first step is to file an application with the court. It will describe your specific claims and the amount of money you want to recover in damages. The complaint is typically written by your lawyer and filed with the court and then served on the defendant.

The discovery phase begins by allowing both parties to share information regarding their claims and defenses. The process can take a considerable time, and both teams will need to review a lot of documents, including police records and witness statements. They might also need to review medical records, bills, and other documents. Each side may require interrogatories. These are a set of questions that each party must answer under oath by a predetermined time frame.

In this phase your lawyer will collaborate with medical professionals to ensure they have a complete understanding of the seriousness of your injuries and the impact they have affected your daily routine. Your lawyer will then estimate your total damages that will include the past and future medical costs as well as lost earnings, pain and suffering and much more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver at the fault. This is more likely after discovery and before the trial. If the insurance company refuses to offer a fair settlement or accident attorney if you have incurred significant losses that aren't covered by the insurance policy, your case may move forward to trial. A judge or jury will make a decision on the case based on the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit where your lawyer and the insurance company exchange information that may support or damage 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 due to the accident) photographs of your vehicle as well as any damages or injuries, and other relevant financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to inquire about witnesses and parties who are not present.

These written discovery tools are exchanged between attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, which have to be answered under oath and to provide copies of certain documents or other data which could be beneficial to your case.

Your Long Island car accident lawyer will also depose witnesses to the collision, as well as anyone who has information about your injuries or damages that could be relevant to your case. During a deposition the lawyer representing the party at fault will ask you questions and your answers could be recorded on video by the court reporter or translated.

The pretrial investigation process is designed to help your lawyer create a compelling case against the person who is at fault and their insurance company in order to negotiate a fair settlement for all of your injuries, expenses and losses. There is no assurance of a settlement in each case but most will settle during or following the investigation process, which is often done prior to trial.

4. Trial

Trials are possible when you and accident attorney the insurance provider disagree regarding the fault of the other party or the amount of compensation you are entitled to for your injuries. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder who makes a ruling that settles the issue. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will provide your version of the events in your opening statements to the jury and any supporting evidence you may have, such as photographs or videos of the accident attorney (vimeo.com explains) scene, testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You can also offer testimony regarding your memories of the incident and how it affected your life. Expert witnesses can also testify to back your claims. The lawyer representing the defendant can interrogate witnesses and object to the admissibility or validity of certain evidence.

In a trial, the jury has to decide if the plaintiff's injuries were the result of the negligence of the defendant. They will consider proximate cause an intricate legal concept that lawyers spend many hours studying in law school. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also determine how much damages you're entitled to. This is a more complicated matter depending on how severe your injuries are and the extent of your losses. Your lawyer will present evidence, including expert testimony from a witness regarding the severity of your injuries, the loss of income, as well as future earnings potential and your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state has a specific deadline to settle your claim or file an action. This is known as the statute of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you may need to file a car accident lawsuit in court. It can be expensive and time-consuming, but it is often necessary to seek compensation.

During this procedure you and your Long Island personal injury lawyer will participate in discovery (a formal process in which parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents referred to as motions to ask the court for specific things such as excluding certain types of evidence during trial. Settlement negotiations may continue throughout this process. A majority of car accident civil disputes are resolved before trial is required.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is strong and that you'll be willing to take the case to trial. In addition, the settlement process is faster and less risky for them than a trial.

Before settling an agreement, it is important that you fully understand the extent of your injuries and have completed all medical treatment. If you sign a settlement before your doctor has determined that you have reached the maximum medical improvement (MMI), you could be denied additional compensation. You should also not sign an agreement until you have had a conversation with your lawyer and had an accurate understanding of your damages. Your lawyer will ensure that you don't miss out on a substantial amount of compensation. They will carefully review your medical records and other documents to make sure that you receive the full amount of damages to which you are entitled.