The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if an insurance company refuses to pay the amount you're entitled to for your injuries. This will include all of your financial losses, such as medical bills and lost wages, as well as other damages that are not economic, like pain and suffering.

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

1. Gathering Evidence

In a lawsuit involving an automobile accident it is essential to prove negligence to receive compensation for your injuries. Gathering evidence is one of the first steps in the litigation process, and it involves collecting documents witnesses' testimony, photographs, and official reports such as police reports.

Photographs of the scene of the accident could help your attorney establish what actually transpired in the accident, including the position of both cars after impact, skid marks, road debris and other physical evidence. Also, note the names and phone numbers of any witnesses who witnessed what occurred. It is crucial that witnesses who can confirm the events that took place, since it can often be the case that drivers provide contradictory statements that result in insurance companies refusing or denial of the responsibility.

Other evidence forms your lawyer could utilize include medical records. These could include receipts, bills, diagnosis reports, lab results, discharge instructions and other evidence that demonstrates the extent of your injuries. It is essential to get these records as quickly as you can, and also provide copies to your healthcare professionals.

Another type of evidence your attorney could employ is a deposition which is an out-of court testimony delivered under oath and transcribed by a court reporter. Your lawyer can use this evidence to prove your injuries had a direct, foreseeable link to the accident. This can be used to justify the need for compensation. While most of the above-mentioned types of evidence are gathered at the accident scene or within a short time after but some of the evidence might not be available until later in the litigation process. It's important to contact a lawyer for car accidents with the right credentials as soon as you can so that they can begin an inquiry as evidence is in its purest form.

2. Filing a Complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal advice from a professional. A car accident lawyer can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with the court. The complaint will detail your specific claims and the amount you wish to recover in damages. This document is usually drafted by an attorney, and filed in court. It is also served to the defendant.

This also triggers the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can take a long time and requires both sides to review many documents, including police reports, witness statements medical records, invoices and much more. Each side can demand interrogatories. They are a series of questions that each party must answer under oath within a set deadline.

During this stage, you lawyer will also work closely with your doctor to get the full picture of your injuries and the impact they've had on your life. Your lawyer will estimate the total damages. This will include any future medical expenses as well as lost wages, pain and suffering and more.

Sometimes, your lawyer might be able to negotiate a settlement with the at-fault driver's insurance company. It is likely to take place after the completion of the discovery process and prior to trial. If the insurance company refuses to settle the claim in a fair manner or if you've suffered significant losses that aren't covered by the insurance policy, the case could go to trial. A jury or judge will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit, where your attorney and the negligent driver's insurance company exchange information that could aid or hinder your claim. Your attorney will request copies of the documents to prove your case. These documents include police reports medical bills, as well as work loss records from your employer (showing the length of time you missed due to the accident) photographs of your vehicle as well as any injuries or damages and financial information. Your attorney could also make use of written discovery tools, such as interrogatories and requests for production to inquire about witnesses and parties who are not present.

These tools for discovery are exchanged between attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, which have to be answered under oath and to provide copies of certain documents and 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 Accident Law Firm, as well as anyone with information regarding your injuries or damages that could be pertinent to your case. In a deposition, the attorney representing the at-fault party will ask you several questions, and your answers will be recorded on video or translated by a court reporter.

These pretrial investigation processes are designed to assist your lawyer build a compelling case against the responsible party and their insurer in order to negotiate an equitable settlement for all of your damages or losses, as well as expenses. Although there is no guarantee that all cases will settle however, the majority of cases settle either during or after the discovery process, which may be completed before your case reaches trial.

4. Trial

Although the majority of car accidents settle through negotiations outside of court however, if you and your insurance company disagree about fault or the amount of compensation you should receive for your injuries, your case may be heard in a trial. A trial is an official process where both parties present their arguments and evidence to the 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 what transpired during the trial. This will include any supporting evidence like photos or videos of the scene, testimony from witnesses and medical professionals, as well as documents such police reports and bills. You can also give your testimony regarding your memories of the incident and how it has impacted your life. Expert witnesses will also provide evidence to support your assertions. The lawyer representing the defendant can cross-examine the witnesses and object to admissibility of some evidence.

The jury will decide during trial whether the plaintiff's harm was caused by the defendant's negligent conduct. They will look at proximate cause, a complicated legal concept that lawyers spend countless hours studying in law school. Proximate cause considers how close the connection is 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's a difficult issue due to the severity of your injuries and the extent to which you have suffered. Your attorney will present evidence that includes expert testimony about the severity of your injuries as well as lost income and future earning potential, as well the extent of your suffering and impairment.

5. Settlement

Each state has a specific deadline that you must meet to settle your claim or file a lawsuit. This is known as the statutes of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you might be required to file a vehicle accident lawsuit in court. This can be time consuming and expensive, yet it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which each side exchanges information with each other). Your attorney will also file legal documents, known as motions, asking the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can go on throughout the entire process, and a majority of car accident civil disputes end before a trial has to be held.

If they believe your injury claim is solid and you are willing to go to trial the insurance company will offer an honest settlement offer. Settlement is faster and less risky compared to an in-court trial.

Before settling on an agreement, it is crucial to fully comprehend the severity of your injuries and have completed all medical treatments. If you settle before your doctor determines that you have reached the maximum medical improvement (MMI), you could miss out on additional compensation. You should also not sign a settlement agreement before you have spoken to your lawyer about your injuries. Your lawyer will make sure that you don't miss out on a substantial amount of compensation. They will carefully review your medical records and other documentation to ensure that you get the full amount of damages for which you are eligible.