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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if the insurance company is unable to pay the amount you're entitled to for your injuries. This letter will provide a detailed description of your financial damages such as medical costs and lost wages, as well as non-economic damages such as pain and discomfort.

Then, a judge or jury will then make a decision. If they rule in your favor, they will give you damages and the defendant will be required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving negligence and liability is the most important aspect to obtain compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports like police reports and other official reports.

Photographs of the scene of the accident can aid your lawyer in determining what actually transpired during the collision, including the location of both cars following the collision, skid marks, road debris and other physical evidence. Also, keep track of the names and phone numbers of any witnesses who were present at what transpired. Witnesses that testify to support your account of what transpired is vital especially as it can be common for drivers to give contradicting stories of what happened. This can lead to insurance companies refusing to accept the claim, or even deny the responsibility completely.

Other evidence forms your lawyer could use include medical records, which may include receipts, bills diagnostic reports, lab results, discharge instructions, and other evidence that proves the severity of your injuries. You should seek these records as soon as you can and send copies to your medical professionals.

Another type of evidence your attorney could employ is a deposition which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer can utilize this testimony to prove that your injuries were a direct, foreseeable link to the accident law firms. This will help justify the need for compensation. While most of the above-mentioned types of evidence are obtained at the scene or shortly thereafter however, some evidence may not be available until later in the litigation process. This is why it's important to consult a highly-credentialed lawyer for car accidents; full report, as soon as you can so that they can begin investigating 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, you should seek legal advice from a professional. An attorney for car accidents can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is to file an application with the court. It will describe your specific claims as well as the amount of money you'd like to claim in damages. The document is usually written by your attorney, and then filed with the court and served to the defendant.

The discovery phase starts with both parties able to share information about their claims and defenses. The process can be long and requires both sides to look over a number of documents, including police reports witnesses' statements, police reports medical records, invoices and much more. Each side may ask for interrogatories, which are a series of questions which the other party must answer under oath within a specified deadline.

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

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

3. Discovery

Discovery is an important phase in any car accident case. This is where your attorney and negligent insurer for the driver exchange information that could help or undermine your claim. Your attorney will seek copies of all documents that support your case. These include police reports as well as medical bills and work loss records from your employer (showing the amount of time you missed due to the accident lawsuits) photographs of your vehicle and any damages or injuries and other financial details. Your attorney may also employ written discovery tools like interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties that are not part of the case.

These documents are exchanged between attorneys from both sides. The tools for writing discovery give the opposing side an opportunity to answer questions in writing which must be answered under oath and to provide copies of other information that could be helpful to you.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the accident and anyone with information regarding your injuries or damages that could be pertinent to your case. During a deposition lawyer for the person who is at fault will ask you various questions, and your answers will be recorded on video or transcribed by a court reporter.

The purpose of these pre-trial investigation procedures is to allow your lawyer to construct a strong and compelling case against the at-fault party as well as their insurance company so that you can receive an equitable and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in every case, but the majority of cases do so after or during the investigation process, which is often done prior to trial.

4. Trial

While the vast majority of car accidents settle through out-of-court negotiations, if you and the insurance company aren't in agreement on the cause or how much compensation you should receive for your injuries, your case could be heard in a trial. A trial is a formal process in which both sides argue and present evidence to the factfinder, who makes an decision on how to resolve the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene of the accident witness testimony, statements from witnesses and medical professionals, or documents like police reports and bills. You can also testify regarding your memory of the incident, and how it impacted your life. Expert witnesses can also provide evidence to back up your claims. The defendant's lawyer can cross-examine the witnesses and object to the admissibility or validity of certain evidence.

The jury will decide in the trial if the plaintiff's injury was the result of the defendant's negligent conduct. They will examine the proximate cause, a complicated legal concept that law students will spend hours studying. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine how much damages you're entitled to. This is a complicated issue depending on the severity of your injuries and the severity of your losses. Your attorney will present your evidence which includes expert witness testimony regarding the severity of your injuries, your lost income, as well as future earnings potential in addition to your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state sets a legal deadline, commonly referred to as the statute of limitations in which you must settle your claim or file a lawsuit. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, then you might need to file a car accident lawsuit in court. It's costly and time-consuming, however it is often necessary to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal process where both sides exchange information with each other). Your lawyer will also file legal documents, referred to as motions that ask the court for specific things such as the exclusion of certain types of evidence during trial. Settlement negotiations can be ongoing throughout the entire process, and many civil disputes arising from car accidents end before a trial needs to be held.

If they believe that your claim is valid and you are willing to go to trial the insurance company will offer an acceptable settlement offer. Settlements are faster and less risky than a court trial.

It is crucial to fully understand the extent of your injuries prior to agreeing to a settlement. You must have completed all medical treatments. If you accept a settlement before your doctor determines that you have reached the maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. You should also not sign a release before you have consulted with your lawyer about the damages. Your lawyer will ensure that you don't be denied compensation that is valuable. They will carefully examine your medical records and other documentation to ensure that you receive the full amount of damages for which you are eligible.