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The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount of money you require for your injuries, our determined attorneys will prepare an official demand letter. The letter will list all of your economic damages such as medical costs and lost wages, as well as non-economic damages such as pain and discomfort.

A jury or judge will then come to a decision. If they rule in your favor, they will be able to award you damages, and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving the negligence and liability is essential to receive compensation for your losses and injuries. Gathering evidence is one of the initial steps in the litigation process, and it involves collecting documents, photographs, witness testimony as well as official reports like police reports.

Your lawyer may be able to establish the circumstances of the accident by taking pictures of the scene, which include skid marks, road debris and other physical evidence. Also, take note of the names and contact details of any eyewitnesses who witnessed what occurred. It is important to have witnesses confirm the events took place, as it can often happen that drivers give contradictory information that can lead to insurance companies refusing or denial of liability.

Medical records can also be utilized by your lawyer to establish the severity of your injuries. These documents may include bills, receipts laboratory results, diagnosis reports, discharge guidelines and other forms of documentation. It is important to obtain these documents as soon as you can and send copies to your healthcare providers.

Another form of evidence your lawyer could employ is a deposition which is out-of-court testimony given under oath and transcribed by a court reporter. Your lawyer can use the testimony to establish the fact that your injuries had an immediate and predicable connection to the crash, which helps justify requesting compensation for your losses. The majority of the evidence listed above is available at the scene of the accident or soon after, but some may not be available until much later in the litigation. This is why it's vital to talk to a reputable car accident lawyer as soon as you can, so they can begin the investigation while the crucial evidence is in its purest form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, seek legal guidance from an expert. A car accident law firm lawyer can offer you the knowledge to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims that you're making and the amount you are seeking in damages. The document is usually written by an attorney and filed in the court. It is also delivered to the defendant.

The discovery phase begins by allowing both parties to exchange information about their defenses and claims. The process can take a considerable time and both teams will need to review a lot of documents, including police records and witness statements. They might also need to examine medical documents, bills, and other documents. Each side may ask for interrogatories, which are a set of questions which the other party must answer under oath, within a specific time frame.

In this stage the lawyer will work with doctors to ensure they have a complete understanding of the extent of your injuries and the impact they have affected your daily routine. Your attorney will then calculate the total damages you have suffered that will include past and future medical expenses, lost earnings, suffering and pain, 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 to happen after discovery and prior to trial. If the insurance company doesn't agree to a fair settlement or if the damages are important and not covered by insurance, then you may need to go to trial. A jury or judge will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuits case. This is where your attorney and negligent insurer for the driver share information that could either support or undermine your claim. Your attorney will request copies of the documents that support your case, such as medical bills, police reports, work loss records (e.g. the records from your employer that outlines how much time you missed work due to the accident) photos of your car and any damage or injuries as well as other financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to inquire into witnesses and parties who are not present.

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

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the collision and accident lawyer anyone with information regarding your injuries or damages that could be important to your case. In a deposition, the 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 goal of these pre-trial investigation procedures is to help your lawyer to build an argument that is convincing and persuasive to the party at fault and their insurance company so that you are able to secure an adequate and fair settlement for your injuries, losses and expenses. Although there is no guarantee that all cases will settle but the majority settle during or after the discovery process, which can be completed before your case goes to trial.

4. Trial

While the vast majority of car accidents settle through negotiations outside of court, if you and the insurance company disagree about fault or the amount you are entitled to for your injuries, your case may be heard in a trial. A trial is an official proceeding where both parties are required to present arguments and evidence before the factfinder, who makes a decision on how to settle the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial the lawyer will explain your story in opening statements to the jury, together with any evidence you have, including photographs or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents like police reports and medical bills. You may also testify about your memory of the incident, and how it affected your life. Expert witnesses can also offer testimony to support your assertions. The attorney representing the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

The jury will decide during trial whether the plaintiff's injury was caused by the defendant's reckless behavior. They will examine the proximate causality, a nebulous legal concept that law students will spend hours studying. Proximate causes focuses on the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury is also required to determine the amount of damages you're entitled to. It's also a complicated matter because it is based on the severity of your injuries as well as the amount to which you've suffered. Your lawyer will present evidence, including expert testimony, about the severity of your injuries that resulted in loss of income and earning potential, in addition to your suffering and impairment.

5. Settlement

Each state has a deadline by which you can settle your claim, or even file a lawsuit. This is referred to as the statute of limitations. If your lawyer is unable to reach a settlement with the insurer, you could be required to make a court filing. It can be costly and time-consuming, however it is usually required to obtain compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where each side exchanges information with the other). Your lawyer will also make legal filings, also known as motions, asking the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can go on throughout the entire process, and a lot of civil disputes arising from car accidents end before a trial can be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your claim for injury is solid and you'll be willing to take the case to trial. Settlements are quicker and less risky than the court trial.

It is crucial to understand your injuries prior to the settlement. You must have completed all medical treatments. If you agree to a settlement before your doctor determines that you have reached your maximum medical improvement (MMI) and you are not able to be denied additional compensation. It is also important not to sign a contract before you've spoken with your lawyer regarding your damages. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will carefully examine your medical records and other evidence to ensure that you get the full amount of damages for that you are eligible.