The First Steps in Car Accident Litigation Our tenacious lawyers will prepare a formal demand letter if an insurance company is unable to pay the amount you need to cover your injuries. This letter will provide a detailed description of your economic losses such as medical costs and lost wages as well as non-economic damages such as discomfort and pain. A judge or jury will then make a ruling. If they decide in your favor, you will be awarded damages and the defendant is required to pay them. 1. Gathering Evidence In a lawsuit involving an automobile accident, proving negligence is crucial to obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports like police reports, and other official reports. Photographs of the scene of the accident might aid your lawyer in determining what actually happened in the accident, including the position of both cars after impact, skid marks road debris, and other physical evidence. Note down the names and contact information of any eyewitnesses that witnessed the events. Witnesses who testify that confirm your version of what transpired is vital especially as it can be common for drivers to give contradicting stories of what happened. This can lead to insurance companies refusing to accept the claim or deny responsibility completely. Medical records can also be utilized by your lawyer to establish the extent of your injury. These documents may include receipts, bills as well as lab results, diagnosis reports, discharge instructions, and other documents. You should get these records as soon as you can, and make sure to send copies to your healthcare professionals. A deposition is a different type of evidence that your attorney may utilize. This is an out-of court testimony given under oath. It is then transcribed by a Court Reporter. Your lawyer could use the testimony to establish that your injuries had an immediate and predicable connection to the accident which can help justify the compensation you deserve for your damages. While the majority of these types of evidence can be obtained at the scene or shortly afterward, some of them may not be accessible until later in the litigation process. This is the reason it's essential to consult a highly-credentialed car accident lawyer as soon as possible so that they can begin investigating as 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 best to seek legal guidance from an expert. A lawyer who has handled car accidents can offer you the knowledge to maximize your compensation. The first step is to file a complaint in the court, describing the specific claims you're making and how much money you are seeking in damages. The document is usually drafted by your attorney and filed with the court, and then served to the defendant. The discovery phase starts, allowing both parties to share information regarding their claims and defenses. The process can take a long time and both teams may have to look over a variety of documents, including police records and witness statements. They might also need to review medical records, bills, and other documents. Each side is able to request interrogatories. They are a set of questions which the other side has to answer under oath in a specified time frame. During this stage, you lawyer will also collaborate with doctors to gather an accurate picture of your injuries and the impact they've had on your life. Your attorney will calculate the total damages you have suffered that include future and past medical expenses loss of earnings, pain and suffering, and more. Sometimes, your lawyer might be able to negotiate an agreement with the responsible driver's insurance company. This is more likely to happen after discovery and before the trial. If the insurance company is unable to settle the claim in a fair manner or if you've suffered significant damages that are not covered by the insurance policy, the case may move forward to trial. A jury or judge will make a decision in the case based upon all of the evidence presented. 3. Discovery Discovery is a crucial stage in any lawsuit involving a car accident in which your attorney and the insurance company exchange information that may assist or derail your claim. Your attorney will request copies of documents to support your claim. These include police reports medical bills, work loss documents from your employer (showing how much time you missed due to the accident) photographs of your vehicle damaged or injured and financial information. https://vimeo.com/709632161 could also make use of documents for discovery in writing, such as interrogatories and requests for production to inquire about parties and witnesses who are not present. These written discovery tools are exchanged back and forth between attorneys from both sides. They provide the opposing party the opportunity to answer questions in writing, which need to 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 depose witnesses and any other person with information about the damages or injuries you sustained that could be vital to your case. In a deposition, the lawyer representing the at-fault party will ask you questions, and your answers could be recorded on video by an official court reporter or recorded. The purpose of these pre-trial investigation procedures is to enable your lawyer to create a strong and compelling case to the party at fault and their insurance company so that you are able to secure an adequate and fair settlement for your injuries, losses and 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 can often be completed before your trial. 4. Trial While the vast majority of car accidents are resolved through informal negotiations however, if you and your insurance company do not agree on who is at fault or the amount you should receive for your injuries, your case could be heard in a trial. A trial is a formal process where both sides present arguments and evidence to a factfinder, who makes a ruling that settles the dispute. In personal injury cases the factfinder is typically a jury. During the trial your lawyer will provide your version of the events in opening statements to the jury, as well as any other evidence you have, such as pictures or videos of accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You may also offer your testimony regarding your memory of the incident and how it has changed your life. Expert witnesses can also testify to back your assertions. The lawyer of the defendant may interrogate witnesses and object to admissibility of some evidence. In a trial, the jury has to decide whether the plaintiff's injuries were caused by the defendant's negligence. They will consider the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate cause considers the relationship 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 thorny issue depending on how severe your injuries are and the severity of your losses. Your lawyer will provide evidence, including expert testimony, regarding the severity of your injuries loss of income, future earning potential, in addition to the extent of your suffering and impairment. 5. Settlement Each state establishes a legal deadline, also known as the statute of limitations, in which you must settle your claim or bring a lawsuit. If your lawyer cannot reach a settlement with the insurer, you could be required to bring a lawsuit to court. It is costly and time-consuming, but it is often necessary to get compensation. During this process the Long Island personal injury lawyer will participate in discovery (a formal procedure where parties exchange information with the other side) and attend hearings. Your attorney will also file legal documents, known as motions, requesting the court to do things like excluding certain types of evidence from trial. Settlement negotiations can go on throughout the entire process, and most civil disputes arising from car accidents end before a trial needs to be held. If they believe your injury claim is solid and that you are willing to go to trial insurance companies will make an acceptable settlement offer. Additionally, the settlement process is more efficient and less risky for them than a trial. Before you agree to the settlement, it's crucial to fully comprehend the severity of your injuries. You must also have completed all medical treatment. It is possible to lose additional compensation if settling the settlement until your physician has determined that you have attained the maximum level of improvement in your medical condition. Also, you should not sign a settlement agreement before you have spoken to your lawyer regarding your damages. Your lawyer will make sure that you don't lose out on a significant amount of compensation. They will carefully examine your medical records and other evidence to make sure that you receive the total amount of damages for which you are entitled.