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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if an insurance company is unable to pay the amount you need to cover your injuries. This will outline all your financial damages, such as medical bills and lost wages, as well as non-economic damages, such as pain and suffering.

A judge or jury will then make a decision. If they rule in your favor you will be awarded damages, and the defendant is 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 lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports like police reports and other official reports.

Photographs of the scene of the accident lawsuits may help your attorney establish what actually transpired in the collision, including the location of both cars after collision, skid marks, road debris and other evidence that is physical. Record the names and contact numbers of any witnesses who were present to witness the events. It is important to have witnesses to verify the events that occurred, as it can often happen that drivers give contradictory statements that result in insurance companies refusing to accept or deny the liability.

Other evidence that your lawyer could utilize include medical records. These could include receipts, bills diagnostic reports, lab results, discharge guidelines, and other documentation that demonstrate the severity of your injuries. It is important to obtain these records as soon as possible and send copies to your healthcare providers.

Another type of evidence that your attorney could utilize is a deposition, which is an out-of court testimony delivered 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 clear connection to the crash which can help justify the compensation you deserve for your damages. While the majority of these types of evidence are taken at the scene of the accident or shortly thereafter, some of it might not be available until later in the litigation process. This is why it's crucial to consult a highly-credentialed car accident lawyer as soon as you can so that they can begin the investigation when the evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you've treated your injuries, it's the time to seek legal advice from a professional. A car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with the court. It will describe your specific claims as well as the amount you wish to recover in damages. The complaint is typically written by your lawyer and filed with the court and then served on the defendant.

It also kicks off the discovery phase that allows both sides to exchange information and documents related to their defenses and claims. The process can take a long time and requires both teams to examine a variety of documents, including police reports, witness statements and medical records, as well as bills and more. Each side can require interrogatories. These are a series of questions that each party must answer under oath within a specified time frame.

Throughout this stage your lawyer will collaborate with doctors to ensure they have a complete picture of the severity of your injuries as well as the impact they've had on your daily life. Your lawyer will estimate the total damages. This will include future and past medical expenses, lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer might be able to negotiate an agreement with the responsible driver's insurance company. This is more likely after discovery and before the trial. If the insurance company refuses an equitable settlement, or if your losses are substantial and not covered by insurance, you may have to go to trial. A judge or jury will make a decision on the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. This is when your attorney and the negligent insurer for the driver exchange information that could help or hurt your claim. Your attorney will request copies of documents to support your claim. These documents include police reports medical bills, as well as work loss documents from your employer (showing how much time you've missed due to the accident) photographs of your vehicle and any damages or injuries, and other financial information. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These tools for discovery are shared between attorneys on both sides. The tools for writing discovery give the other side an opportunity to respond to questions in writing that must be answered under oath. They also ask you to provide copies or other information that could be helpful to you.

Your Long Island car accident lawyers lawyer will also be able to depose people who are witnesses to the collision and also anyone with information on your injuries or damages that could be pertinent to your case. In a deposition, the lawyer representing the party at fault will ask you questions and your answers are recorded on video by an official court reporter or recorded.

The pretrial investigation process is designed to help your lawyer construct a compelling argument against the person at fault and their insurer to get a fair settlement for all of your damages as well as losses, expenses and costs. There is no assurance of a settlement in each case, but the majority of cases will settle during or following the investigation process, which is often completed prior to the trial.

4. Trial

Although the majority of car accident cases settle through negotiations outside of court however, if you and your insurance company are not in agreement about who is to blame or how much compensation you are entitled to for your injuries, the case may go to trial. A trial is an official process in which both parties are required to argue their case and provide evidence before a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial the lawyer will explain your story in opening statements to the jury, along with any supporting evidence you have, such as pictures or videos of accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents such as police reports and medical bills. You can also testify about your memories of the incident and how it impacted your life. Expert witnesses can also testify to back your assertions. The lawyer representing the defendant can cross-examine witnesses and challenge to the admissibility of certain evidence.

The jury will determine at trial if the plaintiff's injury was the result of the defendant's negligence. They will look at the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury is also required to determine how much damages you will be awarded. It's also a complicated matter because it is based on the degree of your injuries and the extent to which you've suffered. Your lawyer will provide evidence, including expert testimony, regarding the severity of your injuries, lost income and future earnings potential, as also your suffering and impairment.

5. Settlement

Every state has a time limit by which you can resolve your claim or file an action. This is known as the statute of limitations. If your lawyer cannot reach a settlement with the insurance company, you may be required to bring a lawsuit to court. It can be lengthy and expensive, yet it is often required to seek compensation.

During this process the Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and attend hearings. Your attorney will also make legal filings, also known as motions, requesting the court to take actions like excluding certain types of evidence from trial. Settlement negotiations may continue throughout the process, and a lot of civil disputes arising from car accidents end before a trial needs to be held.

If they feel that your injury claim is legitimate and you are willing to go to trial, insurance companies will make a fair settlement offer. Settlements are more efficient and less risky than the court trial.

It is vital to understand your injuries prior to committing to an agreement. It is also important to have completed all medical treatments. You could lose out on additional compensation if you accept the settlement until your physician has determined that you have attained the maximum level of improvement in your medical condition. Don't sign an agreement until you have talked to your lawyer and received a complete understanding of your damages. Your lawyer will ensure that you don't miss out on valuable compensation. They will look over your medical records and other documentation to ensure that you receive all the damages for which you qualify.