The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter in the event that the insurance company refuses to pay the amount you need for your injuries. This letter will provide a detailed description of your economic losses like medical expenses and lost wages as and non-economic losses such as pain and discomfort.

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

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is the most important aspect to obtain compensation for your losses and injuries. Gathering evidence is among the initial steps in the process of litigation, and it requires gathering documents such as photographs, witness testimony, and official reports, such as police reports.

Your lawyer might be able to determine what transpired in the accident by taking photographs of the scene, including skid marks and road debris as well as other physical evidence. Record the names and phone numbers of any witnesses who witnessed the incident. Witnesses that testify to support your version of what transpired is vital especially as it can be common for drivers to give contradicting reports of what happened, which leads to insurance companies refusing to accept the claim or denying responsibility completely.

Medical records can also be used by your lawyer to demonstrate the extent of your injury. They could include receipts, bills and lab results, diagnose reports, discharge directions and other documentation. It is important to obtain these documents as soon as you can and send copies to your healthcare providers.

Another type of evidence that your attorney could make use of 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 use this evidence to prove your injuries were a direct, foreseeable link to the accident. This helps to justify requesting compensation. Most of the evidence mentioned above is available at the scene of the crash or shortly after however some evidence may not be available until much later in the litigation. This is why it's crucial to speak with a well-credentialed lawyer for car accidents as soon as you can, so they can begin the investigation as evidence is in its most pure form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, you need to seek legal advice from an expert. A car accident attorney can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with court, which details the specific claims you're bringing and the amount you're seeking in damages. The document is usually written by your attorney, and then filed with the court and served on the defendant.

The discovery phase begins with both parties able to share information regarding their defenses and claims. The process can be very long and requires both sides to go through a myriad of documents including police reports and witness statements medical records, invoices and more. Each side can ask for interrogatories, which are a series of questions that the other party must answer under oath by a predetermined time frame.

Throughout this stage, your lawyer will also collaborate with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they have had on your daily life. Your lawyer will estimate your total damages. This includes future and past medical expenses including lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. This is most likely to occur after the completion of the discovery process and prior to trial. If the insurance company doesn't agree to a fair settlement or if the damage is significant and 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 the evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit the attorney representing you and the insurance company exchange information that could support or damage your claim. Your attorney will ask for documents that can support your case, such as medical bills, police reports and work loss records (e.g., from your employer which reveals how long you missed work because of the accident), photographs of your vehicle, any injuries or damages as well as other financial information. Your lawyer will also make use of written discovery tools such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties who are not in the case.

These written discovery tools are exchanged back and forth between the attorneys for both sides. The written discovery tools give the opposing side a chance to respond to questions in writing which must be sworn to 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 people who are witnesses to the accident law firm and also anyone who has information about your injuries or damage that could be crucial to your case. In a deposition, the at-fault party's lawyer will ask you several questions, and your responses will be recorded on video or transcribed by a court reporter.

The goal of these pretrial investigation processes is to assist your lawyer to build an argument that is convincing and persuasive against the at-fault party as well as their insurer in order that you are able to secure a full and fair settlement for your injuries, losses and expenses. Although there is no guarantee that all cases settle however, the majority settles in the course of or following the discovery process, which can be completed before the case reaches trial.

4. Trial

Trials are possible in cases when you and the insurance provider disagree about who is at fault or the amount of compensation you are entitled to for your injuries. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder who renders a verdict which settles the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it like photos or videos of the scene witness testimony, statements from witnesses and medical professionals, as well as documents such police reports and bills. You can also testify about your personal memories of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The lawyer for the defendant can cross-examine witnesses and object to the admissibility or validity of certain evidence.

The jury will decide at trial whether the plaintiff's harm was the result of the defendant's negligence. They will examine the proximate causality, a nebulous legal concept that law school students spend hours studying. Proximate causes analyzes 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 another complicated issue depending on the severity of your injuries and the extent of your losses. Your lawyer will present your evidence, including expert witness testimony on the severity of your injuries, the loss of income and future earnings potential and your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state has a specific legal deadline, also known as the statute of limitations, by which you must settle your claim or bring a lawsuit. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may require filing a car accident lawsuit in court. It can be lengthy and costly, but it is usually necessary to pursue compensation.

During this process, your Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and also attend hearings. Your attorney will also file legal documents, known as motions, which ask the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout this process, and most car accident civil disputes end before a trial is required to be held.

If they believe that your claim is legitimate and you are willing to go to trial Insurance companies will offer an honest settlement offer. Settlements are more efficient and less risky than a court trial.

Before settling on an agreement, it's essential to be aware of the extent of your injuries and have completed all medical treatment. You could be denied additional compensation if settling a settlement until your doctor has determined that you have attained the maximum level of improvement in your medical condition. Also, you should not sign a release until you have had a conversation with your lawyer and received full understanding of your damages. 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 evidence to make sure that you get the full amount of damages for which you are entitled.