The First Steps in Car Accident Litigation
If the insurance company refuses to give you the amount of money you require for your injuries, our tenacious attorneys will prepare an official demand letter. This letter will provide a detailed description of your economic losses such as medical expenses and lost wages, as in addition to non-economic damages such as pain and discomfort.
A judge or jury will then come to a decision. If they rule in your favor they will give you damages and the defendant must pay them.
1. Gathering Evidence
In a lawsuit involving a car accident it is essential to prove negligence to receive compensation for your injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents, witness testimony, official reports such as police reports, and other official reports.
Your lawyer might be able to establish the circumstances of the
accident by taking photos of the scene, which include skid marks road debris, skid marks and other physical evidence. Take down the names and contact details of any eyewitnesses that witnessed the events. It is essential that witnesses who can confirm the events that took place, as it can often happen that drivers provide contradictory statements that result in insurance companies refusing or denying responsibility.
Other forms of evidence your lawyer could utilize include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge instructions, and other documentation that demonstrate the severity of your injuries. It is essential to get these records as quickly as possible and provide copies to your healthcare providers.
A deposition is a different type of evidence that your attorney can use. This is an out-of court statement made under oath and later translated by a court reporter. Your lawyer can make use of this testimony to prove your injuries had a clear, identifiable connection to the accident. This can be used to justify seeking compensation. While most of the above-mentioned types of evidence can be obtained at the scene or shortly thereafter however, some evidence may not be accessible 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. Filing a Complaint
After the dust has settled, and you've taken care of your injuries, you need to seek legal advice from a professional. A car accident attorney will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.
The first step is to file a complaint with the court, describing the specific claims that you have filed and how much money you are seeking in damages. This document is usually drafted by an attorney, and filed in court. It is also served on the defendant.
This also initiates the discovery phase which allows both parties to exchange information and documents related to their defenses and claims. The process can take a long time and requires both parties to go through a myriad of documents including police reports witnesses' statements, police reports and medical records, as well as bills and more. Both sides can request interrogatories. They are a set of questions which the other side must answer under oath within an agreed upon timeframe.
During this stage, you lawyer will also work closely with doctors to gather an accurate picture of your injuries as well as the impact that they've had on your life. Your lawyer will then estimate your total damages that will include past and future medical expenses and lost earnings, as well as suffering and pain and much more.
Your lawyer may be able come to a settlement agreement with the insurance company of the driver who is at the fault. This is more likely to occur following discovery, but before trial. If the insurance company refuses to provide a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, the case could be referred to trial. A judge or jury will make a decision on the case based on all of the evidence presented.
3. Discovery
Discovery is a crucial phase in any car
accident lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that could help or hurt your claim. Your attorney will request copies of documents that support your case, including medical bills, police reports, work loss records (e.g. an email from your employer that outlines how long you missed work due to the accident) photos of your vehicle, any damages or injuries or other pertinent financial information. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to inquire about witnesses and witnesses who are not present.
These written discovery tools are sent back and forth between the attorneys of both sides. They provide the opposing party the opportunity to answer questions in writing, which must be sworn to under oath, and to supply copies of certain documents or other information that could be helpful to your case.
Your Long Island car
accident attorney will also question witnesses and anyone who has information regarding your injuries or damages that could be essential to your case. During a deposition, the lawyer for the person who is at fault will ask you various questions, and your answers will be recorded on video or transcribed by a court reporter.
These pretrial investigation processes are designed to assist your lawyer build a compelling case against the at-fault person and their insurer to get an equitable settlement for all of your damages or losses, as well as expenses. Although there is no assurance that all cases will settle however, the majority settles in the course of or following the discovery process, which is often be completed before your case reaches trial.
4. Trial
Trials are a possibility in situations when you and the insurance company do not agree about who is at fault or the amount of compensation you are entitled to for your injuries. A trial is an official proceeding in which both sides present their arguments and evidence to an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.
During the trial the lawyer will explain your story in your opening statements to the jury along with any supporting evidence you may have, such as photographs or
accident attorney videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents like medical bills and police reports. You can also testify regarding your memory of the incident, and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.
At trial, jurors must determine if the plaintiff's injuries were caused by the negligence of the defendant. They will consider the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate cause considers the degree of connection between the actions of the defendant and the plaintiff's injuries.
A jury also has to decide the amount of damages you are entitled to. This is a more complicated matter because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will present evidence that includes expert testimony regarding the severity of injuries, lost income and future earning potential, as well as your pain and suffering as well as impairment.
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