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The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you require for your injuries, our hard-working attorneys will prepare an official demand letter. This will outline all the economic losses you have suffered including medical expenses and lost wages, and non-economic damages like pain and suffering.

A judge or jury will then make a decision. If they come to a decision to your advantage, you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence and liability is key to obtaining 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, including police reports and other official reports.

Photographs of the scene of the accident might assist your attorney in determining what actually happened in the collision, including the location of both cars following the collision, skid marks, road debris, and other physical evidence. Also, note the names and phone numbers of any eyewitnesses who saw what occurred. It is essential that witnesses corroborate the events that took place, since it can often happen that drivers give contradictory information that can lead to insurance companies refusing or denying the responsibility.

Medical records can also be used by your lawyer in order to prove the severity of your injuries. They could include bills, receipts, lab results, diagnosis reports, discharge instructions, and other documentation. You should get these records as soon as you can and send copies to your healthcare providers.

Another form of evidence your attorney might employ is a deposition which is an out-of court testimony delivered under oath and recorded by a court reporter. The lawyer can make use of the testimony to prove that your injuries had a direct and foreseeable connection to the accident, which helps justify requesting compensation for your losses. Most of the evidence discussed above can be collected 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 vital to contact a reputable lawyer in the event of a car accident as soon as possible so that they can begin the investigation while vital evidence is still in its purest form.

2. The process of filing a complaint

When the dust has cleared and you have tended to your injuries, it's time to seek legal advice from a professional. A car accident attorney can provide the necessary expertise to ensure you receive the maximum compensation for your claim.

The first step is filing an application with the court. This document will outline your specific claims as well as the amount of money you'd like to claim in damages. This document is typically drafted by your lawyer and filed with the court and served on the defendant.

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

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

Your lawyer could be able to reach a settlement agreement with the insurance company of the driver who is at the fault. This is more likely to occur following discovery, but before trial. If the insurance company does not agree to an equitable settlement, or if the damage is important and not covered by insurance, then you may be required to go to trial. A judge or jury will make a final decision in the case based on all the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. This is the time when your attorney and the negligent insurer for the driver exchange information that can support or damage your claim. Your attorney will request copies of documents that support your case, including police reports, medical bills and work loss records (e.g., from your employer indicating how much time you missed work because of the accident) photos of your vehicle as well as any damage or injuries or other pertinent financial information. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to ask questions of parties and witnesses who are not present.

These written discovery tools are exchanged between attorneys from both sides. They give the opposing side a chance to respond to questions in writing, which must be sworn to under oath, and to supply copies of specific documents or other information that could be helpful to your case.

Your Long Island car accident attorney will also interview witnesses and anyone with information about the damages or injuries you sustained that could be important to your case. During a deposition, the lawyer representing the person at fault will ask you questions and your answers are recorded on video by a court reporter or transcribing.

The pretrial investigation process is designed to assist your lawyer construct a compelling argument against the person at fault and their insurance company in order to negotiate a fair settlement for all of your damages, expenses and losses. While there is no guarantee that all cases settle however, the majority of cases settle at the end of or following the discovery process, which is often be completed before your trial.

4. Trial

Trials can be arranged in situations where you and the insurance company are not in agreement regarding the fault of the other party or the amount you are entitled to for your injuries. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder who makes a decision that settles the issue. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will give your account of the events in opening statements to the jury, together with any evidence you have, including images or videos of the 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 on your memory of the incident, and how it impacted your life. Expert witnesses can also give evidence to support your claims. The defendant's lawyer can interrogate witnesses and object to the admissibility of evidence.

The jury will determine at trial if the plaintiff's injury was the result of the defendant's negligent conduct. They will look at proximate cause which is a tangled legal concept that lawyers spend countless hours studying in law school. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. This is a complicated issue due to the severity of your injuries and the severity of your losses. Your lawyer will present your evidence which includes expert witness testimony about the severity of your injuries, your loss of income and future earnings potential, as well as your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state sets a legal deadline, commonly referred to as the statute of limitations where you have to settle your claim or bring a lawsuit. If your lawyer cannot negotiate a settlement with your insurer, you might have to bring a lawsuit to court. It's costly and time-consuming, however it is often required to seek compensation.

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

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

It is important to fully understand your injuries prior to committing to the settlement. You must have completed all medical treatment. If you sign a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI) then you could be denied additional compensation. You should also not sign a settlement agreement before you have spoken to your lawyer about your damages. Your attorney will ensure that you do not lose out on the valuable compensation. They will carefully review your medical records and other evidence to ensure that you receive the full amount of damages to which you are entitled.