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The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter if an insurance company refuses to provide you with the amount you need for your injuries. The letter will outline all of your financial damages like medical expenses and lost wages, as in addition to non-economic damages such as discomfort and pain.

Then a judge or jury will make a decision. If they make a decision in your favor you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is key to obtaining compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports like police reports, and other official reports.

Your lawyer might be able to determine what transpired in the accident by taking pictures of the scene, which include skid marks road debris, skid marks and other physical evidence. Note down the names and phone numbers of any witnesses who saw what happened. Having witnesses testify that corroborate your account of the events is essential particularly since it can be common for drivers to give contradicting accounts of what happened that leads to insurance companies refusing to accept the claim or denying responsibility altogether.

Other forms of evidence your lawyer might use include medical records, which can include bills, receipts and diagnosis reports, laboratory results, discharge instructions, and other evidence that demonstrates the extent of your injuries. It is important to obtain these records as quickly as you can and give copies to your healthcare providers.

A deposition is a different type of evidence that your attorney can utilize. It's an out-of court testimony under oath, and then transcribing by a Court Reporter. The lawyer can use this testimony to establish your injuries had a direct, foreseeable link to the accident. This helps to justify seeking compensation. Most of the evidence mentioned above can be gathered at the site of the accident lawyers or shortly afterwards however, some might not be available until later in the litigation. This is why it's important to talk to a reputable car accident lawyer as soon as you can, so they can begin the investigation as evidence is in its purest form.

2. Filing a Complaint

When the dust has cleared and you've treated your injuries, it's the time to seek out legal counsel from an expert. A lawyer from a car accident can provide you with the knowledge to maximize your compensation.

The first step is filing a complaint with the court. The complaint will detail your specific claims and the amount you'd like to claim in damages. The document is usually drafted by your lawyer and filed with the court, and then served to the defendant.

It also kicks off the discovery phase which allows both sides to exchange information and evidence related to their defenses and claims. The process can be long and requires both parties to go through a myriad of documents including police reports witnesses' statements, police reports, medical records, bills and more. Each side may demand interrogatories. They are a series of questions that each party must answer under oath within a specified time frame.

In this phase, your lawyer will also collaborate with doctors to gather an accurate picture of your injuries and the impact they've caused on your life. Your lawyer will then estimate the total damages you have suffered that include past and future medical expenses and lost earnings, as well as suffering and pain and much more.

Your lawyer may be able negotiate a settlement with the insurance company of the driver who is at fault. This is likely to be the case following the completion of discovery and before trial. If the insurance company doesn't agree to an equitable settlement, or if the damages are important and not covered by insurance, then you could need to go to trial. A judge or jury will decide on the case based on all the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit (read this blog article from shinhwaspodium.com) where your lawyer and the negligent driver's insurance company exchange information that could help or hurt your claim. Your attorney will request copies of the documents to support your case. This includes police reports medical bills, work loss documents from your employer (showing the length of time you've missed because of the accident) photographs of your vehicle and any damages or injuries and financial information. Your attorney could also make use of written discovery tools, such as interrogatories and requests for production to question witnesses and other parties who are not present.

These tools for writing discovery are used to exchange information between attorneys on both sides. The written discovery tools give the opposing side a chance to respond to questions in writing that need to be sworn to under oath, and to provide copies or other information that may be helpful to you.

Your Long Island car accident attorney will also question witnesses and anyone who has information regarding your injuries or damages that could be crucial to your case. In a deposition, the lawyer for the person who is at fault will ask you an array of questions and your responses will be recorded on video or translated by a court reporter.

The purpose of these pretrial investigation processes is to assist your lawyer to build an argument that is persuasive and strong to the responsible party and their insurance company so that you can receive a full and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case however most do so during or after the investigation process, which is typically completed before the trial.

4. Trial

Trials can be arranged in situations where you and the insurance company disagree on fault or the amount of compensation you should receive for your injuries. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder who issues a decision which settles the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any evidence supporting it including photos or videos of the accident scene, testimony from witnesses and medical professionals, and documents such as police reports and bills. You may also testify about your personal memories of the incident, and how it affected your life. Expert witnesses can also give testimony to support your assertions. The defendant's attorney can interrogate witnesses and contest the admissibility of specific evidence.

The jury will decide during trial if the plaintiff's injury was caused by the defendant's negligent conduct. They will consider the proximate causes, which is a complicated legal concept that law students spend hours studying. 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 thorny issue depending on how severe your injuries are and the severity of your losses. Your lawyer will present your evidence which includes expert witness testimony on the severity of your injuries, your lost income, and future earnings potential and your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state has a specific legal deadline, commonly referred to as the statute of limitations, where you have to settle your claim or file a lawsuit. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you might be required to file a vehicle accident lawsuit in court. It can be time-consuming and costly, but it is usually required to seek compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents called motions that ask the court to consider the exclusion of certain types of evidence in trial. Settlement negotiations may continue throughout the entire process, and a majority of car accident civil disputes end before a trial needs to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is solid and that you will be willing to go to trial. Additionally, the settlement process is faster and less risky than a trial.

Before agreeing to a settlement, it is important that you fully understand the extent of your injuries and completed all medical treatment. If you sign a settlement prior to your doctor determining that you have reached the maximum medical improvement (MMI), you could be denied additional compensation. You should also not sign a release before you have spoken with your lawyer about your injuries. Your lawyer will ensure you don't be denied compensation that is valuable. They will carefully examine your medical records and other documents to make sure that you receive the full amount of damages to which you are eligible.