The First Steps in Car Accident Litigation Our tenacious lawyers will prepare a formal demand letter if the insurance company refuses to pay the amount you require for your injuries. This letter will provide a detailed description of your economic losses like medical expenses and lost wages as in addition to non-economic damages such as discomfort and pain. A jury or judge will then take a call. If they come to a decision to your advantage you will be awarded damages. In addition, the defendant will be required to pay them. 1. Gathering Evidence In a lawsuit involving a car accident, proving liability and negligence is key to obtaining compensation for your injuries and losses. Collecting evidence is one the first steps in the litigation process. it requires gathering documents, photographs, witness testimony and official reports like police reports. Your attorney might be able to establish what happened during the accident by taking photos of the scene, which include skid marks or road debris, as well as other physical evidence. Take down the names and contact numbers of any witnesses who witnessed what transpired. It is crucial that witnesses to verify the events that took place, since it can often happen that drivers provide contradictory statements that result in insurance companies refusing to accept or deny the liability. Medical records can also be utilized by your lawyer to establish the extent of your injury. These documents may include bills, receipts, lab results, diagnosis reports, discharge instructions, and other records. You should seek these records as soon as you can, and make sure to provide copies to your healthcare professionals. A deposition is yet another type of evidence that your attorney may make use of. This is an out-of court statement made under oath, which is then transcribed by a Court Reporter. The lawyer can use the testimony to prove that your injuries have had an immediate and clear connection to the accident and can be used to justify compensation for your injuries. Most of the evidence discussed above can be gathered at the scene 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 quickly as possible, so that they can begin investigating when the evidence is in its most pure form. 2. Making 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 lawyer for car accidents can provide you with the expertise to maximize your compensation. The first step is filing an application with the court. This will outline your specific claims as well as the amount of money you'd like to recover in damages. The document is usually drafted by your attorney and filed with the court, and then served to the defendant. This also triggers the discovery phase which allows both parties to exchange information and evidence that is related to their claims and defenses. The process can take a long time, and both teams will need to review a lot of documents like police reports and witness statements. They might also need to look at medical records or bills, as well as other documents. Both sides can request interrogatories. They are a set of questions that the other side has to answer under oath in an agreed upon timeframe. In https://vimeo.com/709630657 , your lawyer will also collaborate with doctors to get the full picture of your injuries as well as the impact they've caused on your life. Your lawyer will then estimate your total damages that will include the past and future medical costs, lost earnings, suffering and pain, and more. Your lawyer may be able reach a settlement deal with the insurance company of the driver at fault. This is more likely following discovery and prior to trial. If the insurance company does not agree to a fair settlement or if your losses are significant and are not covered by insurance, then you might have to go to trial. A judge or jury will make a decision on the case based on the evidence presented. 3. Discovery Discovery is the most crucial step in any car accident lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that may assist or derail your claim. Your attorney will request copies of the documents supporting your case, including police reports, medical bills and work loss records (e.g. documents from your employer showing the amount of time you were absent from work due to the accident) photos of your vehicle as well as any injuries or damage as well as other financial information. Your attorney will also use written discovery tools like interrogatories and requests for production, as well as requests for admissions in order to question witnesses and other parties that aren't present in the case. These tools for discovery are shared between attorneys on both sides. The written discovery tools provide the opposing side a chance to answer questions in writing that must be answered under oath and to provide copies or other information that might be helpful to you. Your Long Island car accident attorney will also depose witnesses and anyone who has information about the damages or injuries you sustained that could be vital to your case. During a deposition, the at-fault party's lawyer will ask you a series of 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 create a compelling case against the responsible party and their insurance company in order to secure a fair settlement for all your injuries, expenses and losses. There is no assurance of a settlement in every case but the majority of cases will settle during or following the investigation process, which usually completed before the trial. 4. Trial The majority of car accidents are settled through informal negotiations however, if you and your insurance company are not in agreement about who is to blame or how much compensation you should receive for your injuries, your case could go to trial. A trial is a formal process where both sides submit arguments and evidence to a factfinder who makes a decision which settles the dispute. In personal injury cases, the factfinder is typically a jury. Your lawyer will present to the jury your account of what transpired during the trial. This will include any supporting evidence like photos or videos of the scene of the accident, testimony from witnesses and medical professionals, or documents like police reports and bills. You can also give your testimony about your memories of the incident and how it has affected your life. Expert witnesses can also provide testimony to support your claims. The lawyer of the defendant may cross-examine witnesses and challenge to admissibility of some evidence. The jury will determine at trial whether the plaintiff's injuries was the result of the defendant's negligent behavior. They will consider proximate causes, a complex legal concept that law students have to spend hours studying. Proximate causes examines the degree of connection between the defendant's actions and the plaintiff’s injuries. A jury must also determine the amount of damages you're entitled to. It's also a complex issue because it depends on the extent of your injuries and the amount to which you've suffered. Your lawyer will present evidence, including expert testimony, about the severity of injuries that resulted in loss of income and earnings potential, as also the extent of your suffering and impairment. 5. Settlement Every state has a time limit by which you can settle your claim or bring a lawsuit. This is known as the statute of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you might be required to file a vehicle accident lawsuit in the court. It can be expensive and time-consuming. However, it is often necessary to get compensation. During this process you and your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and will attend hearings. Your lawyer will also submit legal documents, referred to as motions, asking the court to do things like excluding certain types of evidence from trial. Settlement negotiations can continue during this process. Many car accident civil disputes are resolved before trial is required. If they feel that your injury claim is legitimate and you are willing to go to trial insurance companies will make a fair settlement offer. The settlement process is also more efficient and less risky than the court trial. Before you agree to an agreement, it's important that you fully understand the severity of your injuries and that you have completed all medical treatments. If you accept a settlement before your doctor determines that you have reached the maximum medical improvement (MMI) then you could be denied additional compensation. Additionally, you should not sign a release until you have talked to your lawyer and have an accurate understanding of your damages. Your lawyer will make sure that you don't get a poor deal on compensation. They will scrutinize your medical records, and other documents to ensure that you receive all the damages you are entitled to.