The First Steps in Car Accident Litigation Our tenacious lawyers will prepare a formal demand letter if an insurance company refuses to pay you the amount you require for your injuries. This will include all of your financial damages like medical bills and lost wages, and other damages that are not economic, like pain and suffering. A judge or jury will then make a decision. If they decide in your favor they will make you a victim and the defendant is required to pay them. 1. Gathering Evidence In a lawsuit that involves an accident in the car, proving negligence is vital to obtaining 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 attorney may be able to determine what happened during the accident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Take down the names and phone numbers of any witnesses who witnessed what transpired. Having witnesses testify that corroborate your account of events is important especially as it can be common for drivers to have conflicting versions of what transpired, which can lead to insurance companies refusing to accept the claim or even denying any responsibility at all. Medical records can also be used by your lawyer to prove the severity of your injury. These records could include bills, receipts as well as lab results, diagnosis reports, discharge directions and other documentation. https://vimeo.com/709595394 should seek these records as soon as possible, and make sure to provide copies to your healthcare providers. Another type of evidence that your attorney could utilize 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 the testimony to prove the fact that your injuries had an immediate and clear connection to the accident which can help justify compensation for your injuries. Most of the evidence mentioned above can be collected at the site of the crash or shortly after however, some might not be available until much later in the litigation. This is why it's crucial to contact a reputable car accident lawyer as soon as you can so that they can begin the investigation 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, seek legal guidance from an expert. An attorney for car accidents will provide the knowledge and expertise to help you obtain maximum compensation for your claim. The first step is to file a complaint with court, which lists the specific claims you have filed and how much money you're seeking in damages. The complaint is typically written by your lawyer and filed with the court, and then served to the defendant. The discovery phase begins with both parties able to share information regarding their defenses and claims. The process can be very long and requires both sides to review many documents, including police reports, witness statements medical records, bills and much more. Each side may require interrogatories. These are a set of questions that each party must answer under oath within a set deadline. In this phase the lawyer will work with doctors to ensure they have a complete picture of the extent of your injuries and the impact they've had on your daily life. Your lawyer will then estimate your total damages including past and future medical expenses loss of earnings, suffering and pain, and more. Sometimes, your lawyer may be able to reach an agreement with the at-fault driver's insurance company. This is most likely to be the case following the completion of discovery and before trial. If the insurance company doesn't agree to a fair settlement, or if your losses are significant and not covered by insurance, then you could need to go to trial. A jury or judge will make a decision in the case based on all the evidence presented. 3. Discovery Discovery is a crucial phase in any car accident case. This is when your attorney and negligent insurer of the driver exchange information that could support or hurt your claim. Your attorney will request copies of the documents to support your case. This includes police reports medical bills, as well as work loss records from your employer (showing the amount of time you were absent due to the accident) photographs of your vehicle, any injuries or damages and financial information. Your attorney will also make use of documents for discovery in writing, such as interrogatories request for production, interrogatories and requests for admissions to interview witnesses and other parties that are not present in the case. These discovery tools written in writing are circulated back and forth between attorneys of both sides. Written discovery tools allow the opposing party a chance to respond to questions in writing which must be answered under oath. They also ask you to provide copies of other information that may be helpful to you. Your Long Island car accident attorney will also question witnesses and any other person with information about the damages or injuries you sustained that could be crucial to your case. In a deposition, the attorney representing the at-fault party will ask you a series of questions, and your responses will be recorded on video or transcribed by a court reporter. The goal of these pretrial investigation processes is to enable your lawyer to create an effective and convincing argument against the at-fault party as well as their insurance company so that you can secure a fair and complete settlement for your injuries, losses and expenses. While there is no guarantee that every case will settle however, the majority settles during or after the discovery process, which can often be completed prior to the time your case is brought to trial. 4. Trial Trials can be arranged in situations where you and the insurance company disagree on fault or the amount of compensation you should be awarded for your injuries. A trial is an official proceeding where both parties are required to present their arguments and evidence to an impartial factfinder who takes a decision to resolve the dispute. In personal injury cases, the factfinder is usually a jury. Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it like photos or videos of the accident scene or testimony from witnesses, medical professionals, as well as documents such police reports and bills. You can also give your testimony regarding your recollection of the incident and how it has impacted your life. Expert witnesses can also testify to support your assertions. The defendant's lawyer can interrogate witnesses and object to the admissibility of evidence. In a trial, the jury will determine if the plaintiff's injuries were caused by the defendant's negligence. They will consider the proximate causes, which is a complicated legal concept that law students have to spend hours studying. Proximate causes considers the relationship between the actions of the defendant and the plaintiff's injuries. A jury must also determine how much damages you're entitled to. It is also a complicated issue because it depends on the severity of your injuries and the extent to which you have suffered. Your lawyer will present evidence which includes expert testimony regarding the severity of your injuries that resulted in loss of income and earnings potential, as also your pain and suffering and impairment. 5. Settlement Each state sets a legal deadline, known as the statute of limitations where you have to settle your claim or start a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you might need to file a car accident lawsuit in court. It can be time-consuming and expensive, yet it is often required to seek compensation. During this process during this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and attend hearings. Your lawyer will also submit legal documents, referred to as motions, which ask the court to do things like excluding certain types of evidence from trial. Settlement negotiations can continue during this process. A majority of car accident civil disputes are settled prior to a trial. If they believe that your injury claim is valid and you are willing to go to trial Insurance companies will offer an appropriate settlement offer. Settlement is faster and less risky than the court trial. It is crucial to fully comprehend your injuries before you agree to an agreement. You must have completed all medical treatment. If you settle before your doctor has determined you have reached maximum medical improvement (MMI) and you are not able to miss out on additional compensation. You should also not sign a release until you've met with your lawyer and gained an understanding of all losses. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will scrutinize your medical records as well as other documentation, to ensure that you are entitled to all compensation you're entitled to.