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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if an insurance company is unable to pay the amount you're entitled to for your injuries. The letter will outline all of your financial damages like medical expenses and lost wages as in addition to non-economic damages such as discomfort and pain.

A jury or judge will then take a call. If they rule in your favor, they will make you a victim and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the 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, such as police reports, and other official reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually transpired in the accident, including the position of both vehicles after impact, skid marks road debris, and other physical evidence. Also, take note of the names and contact numbers of any eyewitnesses who witnessed what occurred. Witnesses who testify to corroborate your version of what happened is crucial, especially since it can be common for drivers to have conflicting reports of what happened, which causes insurance companies to refuse to accept the claim or deny responsibility altogether.

Medical records can also be utilized by your lawyer to establish the severity of your injuries. They could include bills, receipts laboratory results, diagnosis reports, discharge directions and other documents. It is essential to get these records as quickly as you can, and also provide copies to your healthcare providers.

A deposition is a different type of evidence that your attorney could employ. It's an out-of court testimony given under oath, and then recorded by a Court Reporter. The lawyer can make use of the testimony to prove that your injuries had an immediate and predicable connection to the accident and, therefore, can justify the need for compensation for your injuries. While the majority of the above kinds of evidence can be gathered at the accident scene or shortly afterward but some of the evidence might not be available until later in the litigation process. This is why it's crucial 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 purest form.

2. Filing a Complaint

After the dust has settled and you have tended to your injuries, it's the time to seek professional legal advice. 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 have filed and how much money you are seeking in damages. The document is usually written by an attorney and filed in the court. It will also be given to the defendant.

This also triggers the discovery phase which allows both parties to exchange information and evidence related to their claims and defenses. The process can be lengthy and requires both parties to review many documents, including police reports, witness statements, medical records, bills and much more. Each side can require interrogatories. These are a set of questions that each party must answer under oath by a predetermined time frame.

Throughout this stage, your lawyer will also collaborate with doctors to ensure that they have a complete understanding of the severity of your injuries and the impact they've affected your daily routine. Your lawyer will determine the total damages. This will include any future medical expenses and lost wages, as well as the pain and suffering of others, and many more.

Your lawyer may be able come to a settlement agreement with the insurance company of the driver at the fault. This is more likely to occur after discovery and before the trial. If the insurance company refuses a fair settlement or if your damages are significant and are not covered by insurance, then you might have to go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit in which your attorney and the negligent driver's insurance company exchange information that may support or damage your claim. Your attorney will ask for copies of the documents that support your case, such as medical bills, accident police reports as well as work loss records (e.g. documents from your employer indicating how much time you missed work due to the accident law firms) photographs of your car and any injuries or damage and other financial information. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to ask questions of witnesses and parties who are not present.

These documents are exchanged between attorneys on both sides. They provide the opposing party an opportunity to reply to questions in writing, that must be sworn to in oath and to provide copies of certain documents or other information that could be useful to your case.

Your Long Island car accident lawyer will also depose people who are witnesses to the accident and any person who has information about your injuries or damages that could be relevant to your case. In a deposition, the lawyer of the at-fault person will ask you questions, and your answers will either be recorded on video by a court reporter or transcribing.

The goal of these pretrial investigation processes is to allow your lawyer to create an effective and convincing argument to the at-fault party and their insurer so that you can secure a fair and complete settlement for your injuries, losses and expenses. Although there is no assurance that all cases will settle, the majority do at the end of or following the discovery process, which may be completed before your case reaches trial.

4. Trial

While the vast majority of car accident cases settle through negotiations outside of court however, if you and your insurance company aren't in agreement on the cause or how much compensation you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder who issues a decision that settles the dispute. 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, along with any supporting evidence that you have, like pictures or videos of accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You can also provide testimony about your memories of the incident and how it has impacted your life. Expert witnesses will also provide evidence to support your assertions. The defendant's lawyer can cross-examine witnesses and challenge to admissibility of some evidence.

The jury will decide during trial whether the plaintiff's injuries was the result of the defendant's reckless behavior. They will be looking at proximate causes, a complex legal concept that law school students spend hours studying. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury also has to decide the amount of damages you're entitled to. It is also a complicated issue because it depends on the degree of your injuries and the extent to which you've suffered. Your lawyer will present evidence that includes expert testimony regarding the severity of your injuries loss of income, future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations, that you must meet to settle your claim or make a claim. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you might require filing a car accident lawsuit in court. It's costly and time-consuming, but this 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 the other). Your attorney will also prepare legal documents, also known as motions, requesting the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can continue throughout the entire process, and most car accident civil disputes end before a trial needs to be held.

If they believe your injury claim is valid and you are willing to go to trial insurance companies will make an honest settlement offer. The settlement process is also more efficient and less risky than the court trial.

It is vital to fully comprehend your injuries prior to a settlement. You must have completed all medical treatment. It is possible to lose additional compensation if you sign the settlement until your physician has determined that you have attained the maximum level of improvement in your medical condition. Also, you should not sign a release before you have spoken to your lawyer about your damages. Your lawyer will ensure you do not be denied compensation that is valuable. They will carefully examine your medical records as well as other documents to ensure that you receive the full amount of damages for which you are entitled.