The First Steps in Car Accident Litigation
If the insurance company refuses to pay the amount of money you require for your injuries, our hard-working lawyers will draft a formal demand letter. The letter will outline all of your financial losses such as medical expenses and lost wages as and non-economic losses such as pain and discomfort.
A jury or judge will then make a decision. If they decide to your advantage you will be awarded damages. In addition, the defendant is required to pay them.
1. Gathering Evidence
In a car
accident lawsuit, proving the negligence and liability is crucial to get 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.
Your attorney may be able to determine what transpired in the accident by taking photographs of the scene, which include skid marks and road debris as well as other physical evidence. Record the names and phone numbers of any eyewitnesses that witnessed what transpired. Witnesses who testify to corroborate your account of what happened is crucial, especially since it can be common for drivers to have conflicting accounts of what happened that results in insurance companies refusing to accept the claim, or even deny any responsibility at all.
Other forms of evidence your lawyer may use include medical records. These could include receipts, bills and diagnosis reports, laboratory results, discharge instructions, and other evidence that proves the severity of your injuries. It is important to obtain these records as soon as you can, and also provide copies to your medical professionals.
Another form of evidence your attorney might employ is a deposition which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer can make use of this testimony to prove your injuries have a clear, identifiable connection to the accident. This is a good argument to support requesting compensation. Although the majority of the above types of evidence are obtained at the scene or shortly afterward however, some evidence may not be accessible until later in the litigation process. It is crucial to contact an attorney in the case of a car crash with the appropriate credentials as soon as you can to begin an inquiry when the evidence is in its purest form.
2. Filing a Complaint
After the dust has settled and you've taken care of your injuries, it's the time to seek professional legal advice. An attorney for car accidents 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're making and the amount you are seeking in damages. This form is usually prepared by an attorney and then filed in the court. It will also be served on the defendant.
The discovery phase begins, allowing both parties to exchange information regarding their defenses and claims. The process can be long and requires both teams to go through a myriad of documents including police reports, witness statements, medical records, bills and much more. Each side may request interrogatories. These are a series questions which the other side must answer under oath within an agreed upon timeframe.
In this phase the lawyer will work with doctors to ensure that they have a complete understanding of the seriousness of your injuries and the impact they've had on your daily life. Your attorney will calculate your total damages including the past and future medical costs loss of earnings, suffering and pain, and more.
Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. This is more likely to occur following discovery, but before trial. If the insurance company does not agree to an acceptable settlement, or if your losses are important and not covered by insurance, then you could have to go to trial. A judge or jury will make a decision in the case based upon all of the evidence presented.
3. Discovery
Discovery is an essential step in any lawsuit involving a car
accident law firms in which your attorney and the insurance company of the negligent driver company exchange information that may aid or hinder your claim. Your attorney will ask for copies of documents that support your case, such as medical bills, police reports, work loss records (e.g. the records from your employer that outlines how long you missed work because of the accident), photographs of your vehicle as well as any injuries or damages as well as other financial information. Your attorney may also use written discovery tools such as interrogatories and requests for production to question witnesses and witnesses who are not present.
These documents are shared between attorneys on both sides. They give the opposing party a chance to respond to questions in writing,
accident lawsuit which need to be sworn to under oath, and to supply copies of certain documents and other information that could be helpful to your case.
Your Long Island car accident attorney will also interview witnesses and anyone who has information about your injuries or damages that could be vital to your case. In a deposition, the lawyer representing the party at fault will ask you a series of questions, and your responses will be recorded on video, or transcribed 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 against the at-fault party as well as their insurance company so that you are able to secure an adequate and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case however the majority of them will settle during or following the investigation process, which usually done prior to trial.
4. Trial
While the vast 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 the amount you are entitled to for your injuries, the case may be heard in a trial. A trial is a formal proceeding in which both parties present their arguments and evidence to a factfinder who makes an decision on how to resolve the dispute. In personal injury cases, the factfinder is typically a jury.
During the trial your lawyer will be able to give your account of the events in your opening statements to the jury as well as any other evidence you may have, such as photographs or videos of the accident scene, testimony from witnesses and medical professionals, as well as documents such as police reports and medical bills. You can also give your testimony about your memories of the incident and how it affected your life. Expert witnesses can also give evidence to back up your assertions. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of certain evidence.
The jury will decide during trial whether the plaintiff's injury was the result of the defendant's negligent conduct. They will consider the proximate causes, which is a complicated legal concept that law students spend hours studying. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.
A jury is also required to determine the amount of damages you are entitled to. It's a difficult issue because it is contingent on the extent of your injuries and the extent to which you've suffered.