The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you require for your injuries, our tenacious lawyers will draft a formal demand letter. It will detail all your economic damages such as medical bills and lost wages, and non-economic damages like suffering and pain.

Then a judge or jury will make a decision. If they decide to your advantage, you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves a car accident, proving negligence is vital in obtaining compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports, like police reports and other official reports.

Photographs of the scene of the accident can aid your lawyer in determining what actually happened in the crash, including the position of both vehicles after impact, skid marks, road debris and other physical evidence. Also, note the names and contact details of any eyewitnesses who witnessed what happened. It is crucial that witnesses to verify the events that took place, since it can often happen that drivers give contradictory statements that result in insurance companies refusing or denying the liability.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injury. These records could include receipts, bills and lab results, diagnose reports, discharge directions and other documents. It is important to obtain these documents as soon as you can and be sure to give copies to your healthcare providers.

Another type of evidence that your attorney might use is a deposition, which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. Your lawyer may make use of the testimony to prove that your injuries have an immediate and obvious connection to the crash and, therefore, can justify the need for compensation for your losses. Although the majority of the above kinds of evidence can be taken at the scene of the accident or shortly thereafter but some of the evidence might not be available until later in the litigation process. This is why it's vital to talk to a reputable lawyer for car accidents as soon as you can so that they can begin investigating while vital evidence is still in its most pure form.

2. The process of filing a complaint

After the dust has cleared and you've taken care of your injuries, you should seek legal guidance from an expert. An attorney for car accidents can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is filing an application with the court. This will outline your specific claims as well as the amount you'd like to recover in damages. The complaint is typically written by your attorney, and then filed with the court, and then served to the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence related to their defenses and claims. The process can take a long time and both teams may require a thorough review of documents including police reports and witness statements. They might also need to examine medical documents or bills, as well as other documents. Both sides can request interrogatories. These are a series of questions which the other side must answer under oath within an agreed upon timeframe.

Throughout this process your lawyer will work with doctors to ensure they have a complete understanding of the extent of your injuries and the impact they have had on your daily life. Your attorney will calculate your total damages that will include the future and past medical expenses as well as lost earnings, pain and suffering, and more.

Your lawyer may be able negotiate a settlement with the insurance company of the driver who is at the fault. This is more likely to happen after discovery and before the trial. If the insurance company is unwilling to offer a fair settlement, or if the damage is significant and not covered by insurance, you may be required to go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an essential step in any car accident case. This is where your attorney and the negligent insurance company of the driver exchange information that could help or damage your claim. Your attorney will request copies of documents that support your case, such as medical bills, police reports or work-related loss records (e.g. documents from your employer indicating how much time you missed work due to the accident) photographs of your vehicle and any damages or injuries, and other relevant financial information. Your attorney will also make use of written discovery tools such as interrogatories, requests for production and request for admissions to question witnesses and other parties that are not in the case.

These documents are used to exchange information between attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, which must be sworn to in oath and to provide copies of specific documents or other information that may be relevant to your case.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information about your injuries or damages that could be essential to your case. During a deposition, the lawyer representing the at-fault party will ask you questions, and your answers will be recorded on video by a court reporter or transcribing.

The pretrial investigation process is designed to help your lawyer build a compelling case against the at-fault person and their insurer in order to get an equitable settlement for all your injuries, expenses and losses. There is no assurance of a settlement in every case however, the majority of them will settle during or following the investigation process, which is usually concluded prior to the trial.

4. Trial

While the vast majority of car accidents settle through negotiations outside of court however, if you and your insurance company aren't in agreement on the cause or the amount you are entitled to for your injuries, your case may go to trial. A trial is a formal proceeding where both sides present arguments and evidence to a factfinder, who makes a ruling that settles the issue. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will present your version of events in your opening statements to the jury and any supporting evidence you have, including photos or video of the medina accident attorney scene, witness testimony from bystanders and medical professionals, and documents like medical bills and police reports. You can also testify about your memory of the incident and how it affected your life. Expert witnesses can also offer evidence to back up your assertions. The defendant's attorney can cross-examine witnesses and challenge the admissibility of certain evidence.

The jury will determine at trial whether the plaintiff's injuries was the result of the defendant's reckless behavior. They will look at proximate cause which is a complex legal concept that lawyers spend countless hours studying during law school. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. This is a more complicated matter depending on how severe your injuries are and the severity of your losses. Your lawyer will present evidence which includes expert witness testimony on the severity of your injuries, your lost income, as well as future earnings potential and your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state sets a legal deadline, known as the statute of limitations, where you have to settle your claim or make a claim. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you might have to file a car accident lawsuit in the court. It's costly and time-consuming, but it 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 procedure where each side exchanges information with each other). Your lawyer will also file legal documents known as motions that ask the court to consider the exclusion of certain types of evidence during trial. Settlement negotiations can be ongoing throughout the entire process, and a lot of civil disputes arising from car accidents end before a trial is required to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your claim for injury is solid and that you'll be willing to go to trial. In addition, settlement is quicker and less risky than a trial.

Before settling on the settlement, it's important that you fully understand the extent of your injuries. You must also have completed all medical treatments. You may not receive additional compensation if you sign an offer of settlement until your doctor has determined that you have reached the maximum medical improvement. Don't sign a release before you have spoken to your lawyer about the damages. Your lawyer will ensure you don't be denied compensation that is valuable. They will review your medical records, as well as other documents, to ensure that you receive all of the damages for which you qualify.