The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you require for your injuries, our determined lawyers will draft a formal demand letter. This will include all of your financial losses, such as medical bills and lost wages, as well as non-economic damages, such as suffering and pain.

A judge or jury will then take a call. If they decide in your favor, they will make you a victim and the defendant has to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is crucial to get compensation for your losses and injuries. Collecting evidence is one the first steps of the litigation process, and it involves gathering evidence, documents including photographs, witness statements as well as official reports, such as police reports.

Photographs of the scene of the accident can aid your lawyer in determining what actually transpired during the collision, including the positions of both vehicles after collision, skid marks, road debris, and other physical evidence. Also, note the names and phone numbers of any witnesses who were present at what occurred. It is crucial that witnesses to verify the events that took place, as it can often be the case that drivers will give contradictory accounts that lead to insurance companies refusing to accept or deny liability.

Other types of evidence your lawyer may use include medical records, which can include receipts, bills, diagnosis reports, lab results, discharge instructions and other evidence that demonstrates the severity of your injuries. You should seek these documents as soon as you can and send copies to your healthcare providers.

Another form of evidence your attorney could use is a deposition, which is out-of-court testimony given under oath and transcribed by a court reporter. The lawyer can utilize the testimony to prove the fact that your injuries had an immediate and obvious connection to the accident compensation claims which can help justify compensation for your injuries. While the majority of the above types of evidence are gathered at the accident scene or soon afterward, some of it might not be accessible until later in the litigation process. It is essential to contact an attorney for car accidents with the right credentials as soon as you can so they can begin an investigation when the evidence is in its most pure form.

2. Making a complaint

When the dust has cleared and you've treated your injuries, it's the time to seek legal advice from a professional. A car accident attorney will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is to file an application with the court. This document will outline your specific claims as well as 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.

This also begins the discovery phase that allows both sides to exchange information and documents related to their defenses and claims. The process can take a long time and requires both parties to review many documents, including police reports witnesses' statements, police reports, medical records, bills and much more. Each side can ask for interrogatories, which are a set of questions the other party must answer under oath within a specified time frame.

Throughout this stage, your lawyer will also work with doctors to ensure that they have a complete understanding of the seriousness of your injuries and the impact they've affected your daily routine. Your attorney will then calculate the total damages you have suffered including the past and future medical costs loss of earnings, suffering and pain, and more.

Sometimes, your lawyer might be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely to happen following discovery, but before trial. If the insurance company refuses an acceptable settlement, or if the damages are significant and not covered by insurance, you may be required to go to trial. A judge or jury will make a final decision in the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. This is the time when your attorney and negligent insurer of the driver exchange information that could help or undermine your claim. Your attorney will ask for documents that can support your case, such as police reports, medical bills or work-related loss records (e.g., from your employer which reveals how much time you missed work due to the accident) photos of your vehicle as well as any damages or injuries, and other relevant financial information. Your attorney may also use written discovery tools, such as interrogatories and requests for production to inquire into parties and witnesses who are not present.

These written discovery tools are exchanged between attorneys from both sides. The written discovery tools give the other side an opportunity to respond to questions in writing that must be sworn to under oath, and to provide copies of other information that may be helpful to you.

Your Long Island car accident law firm attorney will also depose witnesses and accident attorney anyone with information about the damages or injuries you sustained that could be essential to your case. In a deposition, the lawyer representing the party at fault will ask you an array of questions and your answers will be recorded on video or translated by a court reporter.

The pretrial investigation process is designed to assist your lawyer develop a convincing case against the person who is at fault and their insurer to get an equitable settlement for all of your damages or losses, as well as expenses. Although there is no assurance that all cases will settle but the majority settle either during or after the discovery process, which can often be completed prior to the time your case goes to trial.

4. Trial

Trials are a possibility in situations where you and the insurance provider disagree on fault or the amount of compensation you should be awarded for your injuries. A trial is a formal hearing in which both sides present arguments and evidence to a factfinder, who renders a verdict which settles the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any evidence supporting it like photos or videos of the scene of the accident claim as well as testimony from witnesses and medical professionals, or documents like police reports and bills. You may also testify on your memories of the incident and how it affected your life. Expert witnesses can also testify to support your claims. The lawyer for the defendant can cross-examine witnesses and challenge to the admissibility of evidence.

The jury will decide at trial if the plaintiff's injury was the result of the defendant's negligent behavior. They will examine proximate cause which is a complex legal concept that lawyers spend many hours studying during law school. Proximate causes analyzes the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury is also required to determine how much damages you should receive. This is a thorny issue depending on the severity of your injuries and the severity of your losses. Your lawyer will present your evidence that includes expert witness testimony about the severity of your injuries, your loss of income, as well as future earnings potential in addition to your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Every state has a deadline within which you can settle your claim or bring a lawsuit. This is known as the statute of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, then you might need to file a car accident lawsuit in the court. It can be expensive and time-consuming, however it is often required 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 will attend hearings. Your lawyer will also submit legal documents, referred to as motions, which ask the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout the entire process, and a lot of car accident civil disputes end before a trial is required to be held.

If they believe that your claim is solid and that you are willing to go to trial Insurance companies will offer an honest settlement offer. Additionally the settlement process is more efficient and less risky than a trial.

Before agreeing to the settlement, it's essential to be aware of the severity of your injuries and completed all medical treatments. If you accept a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI), you could be denied additional compensation. Also, you should not sign an agreement until you have spoken with your lawyer and have an understanding of all damages. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will carefully examine your medical records and other documents to ensure that you receive the full amount of damages to which you are eligible.