The First Steps in Car Accident Litigation
Our hard-working lawyers will draft a formal demand letter if the insurance company refuses to pay the amount you need to cover your injuries. This letter will provide a detailed description of your financial damages such as medical costs and lost wages as and non-economic losses such as discomfort and pain.
A judge or jury will then come to a decision. If they rule in your favor, they will give you damages and the defendant has to pay them.
1. Gathering Evidence
In a lawsuit for a car accident, proving the negligence and liability is crucial to get compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports such as police reports, and other official reports.
Photographs of the scene of the accident can aid your lawyer in determining what actually transpired during the collision, including the location of both cars following the impact, skid marks, road debris and other evidence that is physical. Note down the names and contact numbers of any eyewitnesses that witnessed the events. It is crucial to have witnesses corroborate the events that took place, since it can often be the case that drivers provide contradictory statements that result in insurance companies refusing to accept or deny the liability.
Other evidence forms your lawyer could utilize include medical records. These could include bills, receipts diagnostic reports, lab results, discharge guidelines, and other documents that show the severity of your injuries. You should get these records as soon as you can, and make sure to send copies to your healthcare professionals.
A deposition is yet another type of evidence that your attorney can employ. This is an out-of court statement made under oath, which is then transcribed by a Court Reporter. Your lawyer can utilize the testimony to prove the fact that your injuries had an immediate and clear connection to the accident and, therefore, can justify the need for compensation for your damages. While the majority of the above types of evidence can be gathered at the accident scene or soon afterward however, some evidence may not be available until later in the litigation process. This is the reason it's essential to consult a highly-credentialed car accident lawyer as quickly as possible, so that they can begin the investigation while vital evidence is still in its purest form.
2. Filing a complaint
After the dust has cleared and you've taken care of your injuries, 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 the court. This will outline your specific claims and the amount of money you wish to recover in damages. This document is typically drafted by your attorney, and then filed with the court and then served on the defendant.
This also initiates the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can take a considerable duration and both teams will have to look over a variety of documents, including police records and witness statements. They may also have to examine medical records and bills as well as other documents. Each side may request interrogatories. These are a series of questions that the other side has to answer under oath in a specified time frame.
Throughout this stage your lawyer will work with doctors to ensure that they have a complete understanding of the severity of your injuries and the impact they have had on your daily life. Your lawyer will then calculate the total damages you have suffered, which will include 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 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 damages are significant and not covered by insurance, then you could have to go to trial. A judge or jury will make a decision on the case based on all of the evidence presented.
3. Discovery
Discovery is an essential step in any car accident case. It is the point at which your attorney and the negligent insurer for the driver exchange information that could help or undermine your claim. Your attorney will request copies of documents that support your case, including police reports, medical bills as well as work loss records (e.g. documents from your employer that outlines how much time you missed work due to the
Accident Law firms) photos of your vehicle as well as any damage or injuries or other pertinent financial information. Your attorney can also make use of written discovery tools, such as interrogatories and requests for production to ask questions of 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 other side an opportunity to answer questions in writing that must be answered under oath and to provide copies of other information that might be useful to you.
Your Long Island car accident attorney will also depose witnesses as well as anyone who has information about the damages or injuries you sustained that could be vital to your case. In a deposition, the lawyer for the person who is at fault will ask you an array of questions and your answers will be recorded on video or transcribed by a court reporter.
The purpose of these pre-trial investigation procedures is to allow your lawyer to create an effective and convincing argument to the responsible party and their insurer, so that you can get an equitable and fair settlement for your injuries, losses and expenses. While there is no guarantee that all cases settle but the majority settle during or after the discovery process, which may be completed before your case reaches trial.
4. Trial
While the vast majority of car accidents are resolved through informal negotiations If you and the insurance company disagree about fault or the amount you are entitled to for your injuries, the case may go to trial. A trial is an official proceeding where both parties are required to present arguments and evidence before a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.
Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any evidence supporting it including photos or videos of the scene of the accident as well as testimony from witnesses and medical professionals, as well as documents such police reports and bills. You can also testify regarding your personal memories of the incident, and how it affected your life. Expert witnesses will also provide evidence to back up your assertions. The defendant's attorney can cross-examine witnesses and challenge the admissibility of specific evidence.
The jury will determine at trial whether the plaintiff's harm was the result of the defendant's reckless behavior. They will be examining proximate causes an intricate legal concept that lawyers spend countless hours studying during law school. Proximate cause considers 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 also a complex issue due to the severity of your injuries and the extent to which you have suffered.