The First Steps in Car Accident Litigation
Our hard-working lawyers will draft a formal letter of demand if the insurance company refuses to pay you the amount you need to cover your injuries. This will include all of your financial damages including medical expenses and lost wages, and non-economic damages, such as pain and suffering.
Then, a judge or jury will then make a decision. If they come to a decision in your favor, you will be awarded damages and the defendant is required to pay them.
1. Gathering Evidence
In a car accident lawsuit the proof of negligence and liability is crucial to get compensation for your losses and injuries. The gathering of evidence is one of the initial steps in the litigation process. it requires gathering documents including photographs, witness statements and official reports like police reports.
Photographs of the scene of the accident may help your attorney establish what actually transpired in the crash, including the position of both cars after collision, skid marks, road debris, and other physical evidence. Take down the names and contact information of any witnesses who saw the incident. It is essential that witnesses corroborate the events that took place, as it can often happen that drivers provide contradictory information that can lead to insurance companies refusing to accept or deny responsibility.
Medical records can also be utilized by your lawyer in order to prove the extent of your injury. These documents may include bills, receipts laboratory results,
accidents diagnosis reports, discharge instructions and other documentation. You should obtain these records as soon as possible and give copies to your healthcare providers.
Another type of evidence your attorney may utilize is a deposition, which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. Your lawyer can utilize the testimony to prove the fact that your injuries had an immediate and obvious connection to the crash and can be used to justify compensation for your losses. Most of the evidence mentioned above can be collected at the scene of the accident or within a short time but some of it may not be available until much later in the legal process. This is why it's crucial to speak with a well-credentialed car accident lawyer as quickly as you can so that they can begin an investigation while the crucial evidence is in its most pure form.
2. Filing a complaint
After the dust has settled and you've taken care of your injuries, you should seek legal guidance from an expert. A lawyer who has handled car
accidents can provide you with the knowledge to maximize your compensation.
The first step is to file a complaint with court, which outlines the specific claims that you're bringing and the amount of money you are seeking in damages. This type of document is typically drafted by an attorney and filed in court. It will also be served to the defendant.
The discovery phase begins by allowing both parties to share information about their defenses and claims. The process can take a long time and both teams may have to look over a variety of documents including police reports and witness statements. They may also have to examine medical records or bills, as well as other documents. Each side may request interrogatories. These are a series of questions which the other side has to answer under oath within the timeframe specified.
During this stage, you lawyer will also work closely with doctors to gather a full picture of your injuries and the impact that they've caused on your life. Your lawyer will then calculate the total damages you have suffered including past and future medical expenses as well as lost earnings, pain and suffering, and more.
Sometimes, your lawyer could be able to reach an agreement with the at-fault driver's insurance company. This will most likely be the case following the completion of discovery and before trial. If the insurance company is unwilling to offer an acceptable settlement, or if your damages are significant and not covered by insurance, you may be required to appear in court. A jury or judge will make a final decision in the case based on the evidence presented.
3. Discovery
Discovery is an essential step in any car
accident lawyers case. This is where your attorney and the negligent insurer of the driver share information that could either support or hurt your claim. Your attorney will seek copies of all documents to support your case. These documents include police reports, medical bills and work loss records from your employer (showing the amount of time you've missed because of the accident) photos of your vehicle, any injuries or damages and financial information. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to ask questions of witnesses and other parties who are not present.
The written discovery tools are distributed back and forth between the attorneys of both sides. They provide the opposing party an opportunity to reply to questions in writing, which need to be answered under oath, and to provide copies of specific documents or other information that could be useful to your case.
Your Long Island car accident attorney will also depose witnesses as well as any other person with information about your injuries or damages that could be crucial to your case. In a deposition, the lawyer representing the person at fault will ask you questions, and your answers are recorded on video by a court reporter or transcribed.
The goal of these pre-trial investigation procedures is to help your lawyer to create a strong and compelling case against the at-fault party as well as their insurance company so that you can receive a full and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases settle but the majority settle either during or after the discovery process, which is often be completed before your case goes to trial.
4. Trial
Trials are possible in cases where you and the insurance company disagree about who is at fault or the amount you should receive for your injuries. A trial is an official process where both parties are required to argue and present evidence to an impartial factfinder who takes an decision on how to resolve the dispute. In personal injury cases the factfinder is typically a jury.
During the trial the lawyer will present your version of events in opening statements to the jury, as well as any other evidence you have, including images or videos of the accident scene, witness testimony from witnesses and medical professionals, and documents like medical bills and police reports. You can also give your testimony regarding your recollection of the incident and how it had an impact on your life. Expert witnesses can also testify to support your assertions. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of certain evidence.
In a trial, the jury will determine if the plaintiff's injuries were caused by the negligence of the defendant. They will consider proximate cause which is a tangled legal concept that lawyers will spend many hours studying in law school. Proximate cause examines the relationship between the defendant's actions and the plaintiff's injuries.
A jury is also required to determine the amount of damages you're entitled to. It's a difficult issue because it depends on the degree of your injuries and the extent to which you've suffered. Your attorney will present evidence which includes expert testimony about the severity of injuries as well as lost income and future earning potential, as well the extent of your suffering and impairment.
5. Settlement
Every state has a deadline to resolve your claim or file a lawsuit.