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The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you need for your injuries, our tenacious lawyers will draft a formal demand letter. This will list all your financial damages like medical bills and lost wages, and non-economic damages like suffering and pain.

Then the judge or jury will then make a decision. If they decide in your favor, they will award you damages and the defendant must pay them.

1. Gathering Evidence

In a case of a car crash lawsuit the proof of 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 photographs, documents, witness testimony, official reports like police reports, and other official reports.

Your attorney may be able to establish what happened during the incident by taking photographs of the scene, including skid marks, road debris and other physical evidence. Note down the names and phone numbers of any witnesses who witnessed the events. It is essential that witnesses to verify the events that took place, as it can often be the case that drivers provide contradictory statements that result in insurance companies refusing or denying responsibility.

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

A deposition is another form of evidence your lawyer may utilize. It is a non-in the court testimony that is under oath, and then transcribed by a Court Reporter. Your lawyer can use the testimony to establish that your injuries had an immediate and predicable connection to the crash, which helps justify requesting compensation for your injuries. Most of the evidence discussed above is available at the site of the accident or within a short time however some evidence may not be available until much later in the legal process. This is why it's important to consult a highly-credentialed lawyer for car accidents as soon as possible so that they can begin the investigation when the evidence is in its purest form.

2. Making a complaint

When the dust has cleared and you've taken care of your injuries, it's the time to seek out legal counsel from an expert. A car accident attorney 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're making and how much money you're seeking in damages. This document is usually drafted by an attorney and filed in court. It will also be served on the defendant.

The discovery phase starts, allowing both parties to exchange information regarding their defenses and claims. The process can be long and requires both parties to review many documents, including police reports and witness statements, medical records, bills and more. Each side may ask for interrogatories, which are a set of questions that the other party must answer under oath within a specified timeframe.

Throughout this process the lawyer will collaborate with doctors to ensure that they have a complete picture of the seriousness of your injuries and the impact they have affected your daily routine. Your lawyer will calculate the total damages. This will include past and upcoming medical expenses, lost wages, the pain and suffering of others, and many more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver who is at the fault. This is more likely to happen following discovery, but before trial. If the insurance company refuses a fair settlement or if the damage is significant and not covered by insurance, then you could need to go to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident where your lawyer and the negligent driver's insurance company exchange information that could aid or hinder your claim. Your attorney will ask for documents that can support your case, including medical bills, police reports and work loss records (e.g., from your employer indicating how long you missed work due to the accident), photographs of your vehicle as well as any injuries or damages or other pertinent financial information. Your attorney will also use written discovery tools, such as interrogatories or requests for production as well as request for admissions to question witnesses and accident attorney other parties that are not part of the case.

These tools for writing discovery are exchanged between attorneys on both sides. The written discovery tools give the opposing side a chance to answer questions in writing which must be answered under oath and to provide copies of other information which could be useful to you.

Your Long Island car accident attorney will also interview witnesses and anyone with information about your injuries or damages which could be crucial to your case. In a deposition, the lawyer for the person who is at fault will ask you various questions, and your responses will be recorded on video or transcribing by a court reporter.

The purpose of these pre-trial investigation procedures is to allow your lawyer to create an argument that is convincing and persuasive against the at-fault party as well as their insurer so that you can receive an adequate and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case however, the majority of them will settle during or following the investigation process, which is typically concluded prior to the trial.

4. Trial

Trials can be arranged in situations where you and the insurance company disagree regarding the fault of the other party or the amount you should be awarded for your injuries. A trial is an official process where both parties argue and present evidence to an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any supporting evidence including photos or videos of the scene as well as testimony from witnesses and medical professionals, documents like police reports and bills. You can also give your testimony about your memories of the incident and how it has affected your life. Expert witnesses can also provide testimony to support your assertions. The defendant's attorney can cross-examine witnesses and object to the admissibility of certain evidence.

The jury will determine at trial whether the plaintiff's injuries was the result of the defendant's negligent behavior. They will consider proximate causes, a complex legal concept that law students have to spend hours studying. Proximate causes considers 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 are entitled to. It is also a complicated issue due to the severity of your injuries as well as the extent to which you have suffered. Your attorney will present your evidence which includes expert witness testimony about the severity of your injuries, your lost income, as well as future earnings potential and your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state has a deadline within which you can resolve your claim or file a lawsuit. This is known as the statutes of limitations. If your lawyer cannot negotiate a settlement with the insurer, you could be required to bring a lawsuit to court. This can be time consuming and expensive, yet it is usually required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a process formal where each side exchanges information with each other). Your lawyer will also file legal documents known as motions to ask the court for specific things such as the exclusion of certain kinds of evidence in trial. Settlement negotiations may continue throughout this process. A lot of car accident civil disputes are resolved before a trial is necessary.

Insurance companies are more likely to offer fair settlement offers if they believe your claim for injury is solid and that you will be willing to go to trial. Settlements are faster and less risky compared to the court trial.

Before settling an agreement, it's crucial to fully comprehend the extent of your injuries and completed all medical treatments. If you accept a settlement before your doctor has determined you have reached the maximum medical improvement (MMI), you could miss out on additional compensation. You should also not sign an agreement until you have had a conversation with your lawyer and received an accurate understanding of your damages. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records and other documentation to ensure that you get the full amount of damages for which you are eligible.