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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 require for your injuries. This letter will provide a detailed description of your financial damages such as medical expenses, lost wages, as and non-economic losses like discomfort and pain.

A jury or judge will then make a decision. If they make a decision in your favor you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in a car, proving negligence is crucial in obtaining compensation for your injuries. Collecting evidence is one the initial steps in the process of litigation, and it involves gathering evidence, documents, photographs, witness testimony and official reports such as police reports.

Your attorney may be able to establish what happened in the accident by taking pictures of the scene, including skid marks road debris, skid marks and other physical evidence. Take down the names and phone numbers of any eyewitnesses that witnessed the incident. It is essential that witnesses who can confirm the events that were actually happening, as it may often happen that drivers provide contradictory stories that lead to insurance companies denying or refusing liability.

Other types of evidence your lawyer could utilize include medical records, which may include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other documentation that demonstrate the extent of your injuries. It is important to obtain these records as quickly as you can, and also provide copies to your medical professionals.

Depositions are another form of evidence that your attorney can employ. It is an out-of court testimony under oath and later translated by a court reporter. Your lawyer can make use of this testimony to prove your injuries were a direct, foreseeable link to the accident. This is a good argument to support seeking compensation. Although the majority of the above kinds of evidence can be collected at the scene of the accident or shortly afterward, some of them may not be accessible until later in the litigation process. This is why it's important to contact a reputable car accident lawyer as soon as you can, so they can begin an investigation while the crucial evidence is in its purest form.

2. Filing a complaint

After the dust has settled and you've taken care of your injuries, seek legal advice from an expert. An attorney who has handled car accidents can provide the expertise needed 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 you're bringing and the amount of money you're seeking in damages. This type of document is typically drafted by an attorney and then filed in the court. It will also be delivered to the defendant.

This also begins the discovery phase, which allows both sides to exchange information and documents related to their defenses and claims. The process can be lengthy and requires both sides to examine a variety of documents, including police reports, witness statements and medical records, as well as bills and more. Each side can demand interrogatories. They are a series of questions which the other party must answer under oath within a set deadline.

In this phase, your lawyer will also work closely with medical professionals to obtain a full picture of your injuries as well as the impact that they've had on your life. Your lawyer will calculate the total damages. This will include any future medical expenses and lost wages, as well as pain and suffering and more.

Your lawyer could be able to reach a settlement agreement with the insurance company of the driver at the fault. This is likely to occur following the conclusion of discovery and prior to trial. If the insurance company refuses a fair settlement, or if your damages are important and not covered by insurance, then you may have to go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit, where your attorney and the negligent driver's insurance company exchange information that could assist or derail your claim. Your attorney will seek copies of all documents to prove your case. These documents include police reports, medical bills and work loss records from your employer (showing the amount of time you missed due to the accident) photographs of your vehicle damaged or injured and other financial details. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.

These tools for writing discovery are exchanged between attorneys from both sides. Written discovery tools allow the opposing side an opportunity to respond to questions in writing which must be answered under oath. They also ask you to provide copies of other information which could be useful to you.

Your Long Island car accident lawsuits attorney will also depose witnesses as well as anyone with information about your injuries or damages that could be essential to your case. During a deposition, your lawyer of the at-fault person will ask you questions and your responses will be recorded on video by a court reporter or transcribed.

These pretrial investigation processes are designed to assist your lawyer build a compelling case against the at-fault person and their insurer to obtain an equitable settlement for all your losses, injuries, expenses and losses. There is no assurance of a settlement in every case however, most will settle during or following the investigation process, which is typically completed prior to the trial.

4. Trial

Trials can be arranged in situations when you and the insurance provider disagree regarding the fault of the other party or the amount you should be awarded for your injuries. A trial is a formal proceeding where both parties present their arguments and evidence to an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases the factfinder is usually a jury.

During the trial, your lawyer will explain your story in opening statements to the jury and any supporting evidence you have, including pictures or videos of accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You may also testify about your memories of the incident and how it impacted your life. Expert witnesses can also give testimony to support your claims. The attorney representing the defendant may cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's injuries was the result of the defendant's reckless behavior. They will look at proximate cause an intricate legal concept that lawyers spend many hours studying in law school. Proximate cause looks at how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you will be awarded. This is a complicated issue depending on how severe your injuries are and the extent of your losses. Your lawyer will present evidence that includes expert testimony regarding the severity of your injuries, lost income and future earnings potential, as also your pain and suffering as well as impairment.

5. Settlement

Every state has a legal deadline, commonly referred to as the statute of limitations where you have to settle your claim or start a lawsuit. If your lawyer is not able to negotiate a settlement with the insurer, you might have to bring a lawsuit to court. It's costly and time-consuming. However, it is often necessary to get compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents called motions asking the court for specific things such as the exclusion of certain kinds of evidence at trial. Settlement negotiations may continue throughout this process. A lot of car accident law firm civil disputes are resolved before a trial is necessary.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is legitimate and that you will be willing to take the case to trial. In addition settlement is quicker and less risky than a trial.

Before settling on an agreement, it's essential to be aware of the severity of your injuries and completed all medical treatment. If you sign a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) it is possible to not receive additional compensation. It is also important not to sign a release before you have spoken to your lawyer about your injuries. Your lawyer will ensure that you don't miss out on a substantial amount of compensation. They will scrutinize your medical records and other documentation, to ensure that you are entitled to all compensation you're entitled to.