The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter if an insurance company refuses to pay you the amount you need for your injuries. This will include all of the economic losses you have suffered including medical expenses and lost wages, and non-economic damages like suffering and pain.

A judge or jury will then make a ruling. If they decide in your favor, they will be able to award you damages, and the defendant has to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is essential to receive compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports, like police reports and other official reports.

Photographs of the scene of the accident might aid your lawyer in determining what happened during the collision, including the positions of both cars following the collision, skid marks, road debris, and other physical evidence. Also, take note of the names and contact numbers of any eyewitnesses who witnessed what occurred. It is important to have witnesses corroborate the events that were actually happening, as it may often be the case that drivers will give contradictory stories that lead to insurance companies refusing or denial of responsibility.

Other forms of evidence your lawyer might use include medical records, which may include bills, receipts diagnostic reports, lab results, discharge instructions, and other documentation that demonstrate the extent of your injuries. You should get these records as soon as possible, and make sure to provide copies to your healthcare providers.

Another type of evidence that your attorney could use is a deposition, which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. The lawyer can use this evidence to prove your injuries have a clear, identifiable connection to the accident. This helps to justify requesting compensation. The majority of the evidence listed above is available at the scene of the crash or shortly after however, some might not be available until later in the legal process. This is why it's vital to speak with a well-credentialed lawyer for car accidents as soon as possible, so that they can begin the investigation as evidence is in its most pure form.

2. Making a complaint

After the dust has settled and you've taken care of your injuries, seek legal guidance from an expert. An attorney who has handled car accidents can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint with court, which lists the specific claims you have filed and the amount of money you're seeking in damages. The document is usually drafted by your attorney and filed with the court and then served on the defendant.

The discovery phase begins and allows both parties to exchange information about their defenses and claims. The process can take a considerable duration and both teams will need to review a lot of documents including police reports and witness statements. They might also need to look at medical documents or bills, as well as other documents. Each side is able to request interrogatories. They are a set of questions which the other side has to answer under oath in a specified time frame.

During this stage, you lawyer will also work closely with doctors to gather a full picture of your injuries as well as the impact that they've had on your life. Your lawyer will then estimate the total damages you have suffered that include the future and past medical expenses loss of earnings, pain and suffering, and more.

Sometimes, your lawyer might be able to reach an agreement with the responsible driver's insurance company. This is more likely after discovery and before the trial. If the insurance company refuses an acceptable settlement, or if your damages are significant and not covered by insurance, then you might need to go to trial. A jury or judge will make a decision in the case based on the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit where your lawyer and the insurance company exchange information that could assist or derail your claim. Your attorney will request documents that can support your case, such as medical bills, police reports, work loss records (e.g., from your employer that outlines how much time you missed work because of the accident) photographs of your vehicle as well as any damage or injuries or other pertinent financial information. Your attorney will also use written discovery tools, such as interrogatories or requests for production as well as requests for admissions in order to question witnesses and other parties that are not present in the case.

These tools for writing discovery are exchanged between attorneys from both sides. They provide the opposing party an opportunity to reply to questions in writing, which need to be answered under oath, and to supply copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident attorney will also depose witnesses and anyone who has information about the damages or injuries you sustained that could be important to your case. During a deposition the lawyer representing the party at fault will ask you questions and your responses will be recorded on video by an official court reporter or recorded.

These pretrial investigation processes are designed to help your lawyer construct a compelling argument against the person at fault and their insurer in order to negotiate an equitable settlement for all of your damages, expenses and losses. There is no guarantee of a settlement in every case however the majority of cases will settle during or following the investigation process, which is often concluded prior to the trial.

4. Trial

While the vast majority of car accidents are settled through informal negotiations If you and the insurance company disagree about fault or how much compensation you are entitled to for your injuries, your case could go to trial. A trial is a formal procedure in which both sides present 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 be able to give your account of the events in your opening statements to the jury as well as any other evidence you may have, such as photographs or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents such as medical bills and police reports. You can also testify about your memory of the incident, and how it affected your life. Expert witnesses will also provide evidence to back up your assertions. The attorney representing the defendant may interrogate witnesses and contest the admissibility of certain evidence.

At trial, the jury must decide if the plaintiff's injuries were caused by the negligence of the defendant. They will consider the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. This is another complicated issue because it is contingent on the severity of your injuries and the severity of your losses. Your lawyer will present evidence which includes expert testimony about the severity of injuries as well as lost income and future earning potential, as well your pain and suffering and impairment.

5. Settlement

Every state has a time limit within which you can settle your claim, or even file an action. This is referred to as the statutes of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you might have to file a car accident lawsuit in court. This can be time consuming and expensive, yet it is usually required to seek compensation.

During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and also attend hearings. Your attorney will also make legal filings, also known as motions, Accident lawsuit which ask the court to do things like exclude certain types of evidence from trial. Settlement negotiations can continue throughout the entire process, and many civil disputes in car accidents settle before a trial needs 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'll be willing to take the case to trial. Settlements are more efficient and less risky than an in-court trial.

Before you agree to the settlement, it's crucial to fully comprehend the extent of your injuries. You must also have completed all medical treatments. You could lose out on additional compensation if settling the settlement until your physician has determined that you have reached the point of maximum improvement. Also, you should not sign the release until you've met with your lawyer and had an understanding of all damages. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully examine your medical records and other evidence to make sure that you get the full amount of damages to that you are eligible.