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The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter in the event that the insurance company refuses to pay you the amount you're entitled to for your injuries. It will detail all your economic damages, such as medical bills and lost wages, and other damages that are not economic, like suffering and pain.

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

1. Gathering Evidence

In a lawsuit for a car accident, proving the negligence and liability is crucial to get compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports, including police reports and other official reports.

Your attorney might be able to determine what happened during the accident by taking pictures of the scene, which include skid marks and road debris as well as other physical evidence. Also, note the names and contact information of any eyewitnesses who witnessed 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 information that can lead to insurance companies refusing or denial of the liability.

Other forms of evidence your lawyer might use include medical records, which may include bills, receipts, diagnosis reports, lab results, discharge guidelines, and other evidence that demonstrates the extent of your injuries. It is important to obtain these records as soon as you can and be sure to send copies to your healthcare providers.

Another form of evidence that your attorney could use is a deposition, which is out-of-court testimony given under oath and recorded by a court reporter. Your lawyer may utilize the testimony to prove that your injuries had a direct and foreseeable connection to the crash and, therefore, can justify the need for compensation for your injuries. While the majority of these types of evidence can be collected at the scene of the accident or soon afterward however, some evidence may not be accessible until later in the litigation process. This is why it's important to speak with a well-credentialed car accident lawyer as soon as you can so that they can begin investigating as evidence is in its most pure form.

2. The process of filing a complaint

Once the dust has sunk and you've treated your injuries, it's time to seek professional legal advice. A car accident lawyer can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims that you are making and the amount you're seeking in damages. The document is usually drafted by your attorney, and then filed with the court, and then served to the defendant.

This also triggers the discovery phase, which allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can take a considerable time and both teams will have to look over a variety of documents like police reports and witness statements. They might also need to look at medical documents as well as bills and other documents. Both sides can request interrogatories. These are a set of questions that the other side has to answer under oath within the timeframe specified.

Throughout this stage your lawyer will collaborate with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they have had on your daily life. Your attorney will calculate your total damages. This will include future and past medical expenses, lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer might be able to reach an agreement with the at-fault driver's insurance company. This is likely to occur after the completion of discovery and prior to trial. However, if the insurance company refuses to offer a fair settlement or if you've incurred significant damages that are not covered by the insurance policy, the case may go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident law firm case. This is when your attorney and negligent insurer of the driver exchange information that can support or damage your claim. Your attorney will ask for copies of documents that support your case. These include police reports, medical bills and work loss documents from your employer (showing the length of time you missed due to the accident) photos of your vehicle damaged or injured and financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to inquire about witnesses and other parties who are not present.

These documents are shared between attorneys on both sides. The written discovery tools provide the opposing party a chance to respond to questions in writing, which must be answered under oath. It also allows you to provide copies of other information that might be useful to you.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the collision as well as anyone who has information about your injuries or damages that could be important to your case. During a deposition, your lawyer representing the at-fault party will ask you questions and your answers will either be recorded on video by a court reporter or transcribing.

The pretrial investigation process is designed to help your lawyer develop a convincing case against the responsible party and their insurer in order to get an equitable settlement for all your injuries or losses, as well as expenses. Although there is no guarantee that all cases will settle but the majority settle either during or after the discovery process, which may be completed before the case reaches trial.

4. Trial

Trials are possible in cases when you and the insurance company disagree on the source of your fault or the amount of compensation you are entitled to for your injuries. A trial is a formal proceeding in which both sides are required to argue their case and provide evidence before a factfinder who makes an announcement to settle the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the accident scene, testimony from witnesses and medical professionals, or documents like police reports and bills. You can also testify about your memory of the incident, and how it impacted your life. Expert witnesses can also give evidence to back up your claims. The lawyer representing the defendant can cross-examine witnesses and object to the admissibility of evidence.

At trial, jurors must decide whether the plaintiff's injuries were caused by the defendant's negligence. They will be examining proximate causes, a complicated legal concept that lawyers spend countless hours studying in law school. Proximate cause considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. It is also a complicated issue because it depends on the severity of your injuries and the extent to which you have suffered. Your attorney will present evidence including expert testimony about the severity of injuries that resulted in loss of income and earning potential, as well as your pain and suffering and impairment.

5. Settlement

Every state has a deadline by which you can settle your claim or file a lawsuit. This is referred to as the statute of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you may be required to file a vehicle accident lawsuit in the court. It can be costly and time-consuming, but it is often necessary to get 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 that ask the court to consider not allowing certain types of evidence at trial. Settlement negotiations can go on throughout the process, and most civil disputes arising out of car accidents will end before a trial has to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your claim for injury is solid and that you will be willing to go to trial. Additionally, the settlement process is more efficient and less risky than a trial.

Before settling on the settlement, it's important that you fully understand the extent of your injuries. You must also have completed all medical treatment. You could be denied additional compensation if you sign a settlement until your doctor has concluded that you have reached the point of maximum improvement. Also, you should not sign a release until you have spoken with your lawyer about your injuries. Your lawyer will ensure that you don't lose out on a significant amount of compensation. They will scrutinize your medical records and other documentation to ensure that you receive all of the compensation you're entitled to.