The First Steps in Car Accident Litigation If the insurance company refuses to pay the amount of money you need for your injuries, our determined attorneys will prepare an official demand letter. This will include all of your financial losses including medical expenses and lost wages, as well as non-economic damages, such as pain and suffering. A judge or jury will then take a call. If they decide in your favor they will award you damages and the defendant must pay them. 1. Gathering Evidence In a lawsuit involving a car accident, proving liability and negligence is key to obtaining 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. Photographs of the scene of the accident could help your attorney establish what happened during the crash, including the position of both vehicles after collision, skid marks, road debris and other evidence that is physical. Record the names and contact numbers of any witnesses who were present to witness the incident. It is essential that witnesses to verify the events that occurred, as it can often be the case that drivers provide contradictory stories that lead to insurance companies denying or refusing the liability. Medical records can also be used by your lawyer in order to prove the severity of your injuries. They could include bills, receipts laboratory results, diagnosis reports, discharge instructions, and other documents. It is important to obtain these records as soon as you can and be sure to send copies to your healthcare providers. Depositions are another form of evidence your lawyer may use. This is an out-of court testimony given under oath and later transcribed by a Court Reporter. Your lawyer may make use of the testimony to prove that your injuries had an immediate and obvious connection to the crash which can help justify compensation for your damages. While the majority of these types of evidence are gathered at the accident scene or soon afterward however, some evidence may not be available until later in the litigation process. This is why it's important to contact a reputable car accident lawyer as soon as possible so that they can begin investigating when the evidence is in its purest form. 2. Making a Complaint When the dust has cleared and you have tended to your injuries, it's the time to seek expert legal advice. A car accident attorney can provide the expertise needed to ensure you receive the maximum compensation for your claim. The first step is to file a complaint with the court. This document will outline your specific claims and 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 pertaining to their claims and defenses. The process can take a long time and requires both teams to review many documents, including police reports witnesses' statements, police reports medical records, invoices and much more. Each side can request interrogatories. https://vimeo.com/709655560 are a series questions which the other side must answer under oath within a specified time frame. In this phase, your lawyer will also work closely with your doctor to get a full picture of your injuries and the impact that they've had on your life. Your attorney will calculate the total damages. This will include future and past medical expenses, lost wages, the pain and suffering of others, and many more. Sometimes, your lawyer may be able to reach a settlement with the at-fault driver's insurance company. This is more likely following discovery, but before trial. However, if the insurance company refuses to negotiate a fair settlement or if you've sustained significant damages that are not covered by the insurance policy, the case may move forward to trial. A judge or jury will make a decision in the case based on 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 derail your claim. Your attorney will ask for copies of documents to prove your case. These include police reports medical bills, as well as work loss documents from your employer (showing the amount of time you've missed because of the accident) photos of your vehicle and any damages or injuries as well as other financial data. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production, as well as request for admissions to question witnesses and parties who are not part of the case. These written discovery tools are exchanged between attorneys on both sides. They give the opposing side an opportunity to reply to questions in writing, that must be sworn to in oath and to provide copies of certain documents or other information which could be beneficial to your case. Your Long Island car accident attorney will also interview witnesses and anyone with information about the damages or injuries you sustained that could be vital to your case. During a deposition the lawyer of the at-fault person will ask you questions, and your answers will either be recorded on video by the court reporter or translated. The goal of these pretrial investigation processes is to enable your lawyer to construct an effective and convincing argument against the at-fault party as well as their insurer so that you can receive a full and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in every case, but the majority of cases do so during or after the investigation process, which usually done prior to trial. 4. Trial The majority of car accident cases are resolved through informal negotiations, if you and the insurance company disagree about fault or the amount of compensation you should receive for your injuries, the case may go to trial. A trial is an official process in which both parties argue and present evidence to a factfinder who will make a decision on how to settle the dispute. In personal injury cases, the factfinder is usually a jury. During the trial, your lawyer will explain your story in your opening statements to the jury, as well as any other evidence you have, including photographs or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents such as police reports and medical bills. You can also give your testimony regarding your recollection of the incident and how it changed your life. Expert witnesses are also able to testify in support of your assertions. The defendant's lawyer can cross-examine witnesses and object to the admissibility or validity of certain evidence. At trial, the jury must decide whether the plaintiff's injuries were caused by the defendant's negligence. They will examine the proximate causes, which is a complicated legal concept that law students spend hours studying. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff's injuries. A jury also has to decide the amount of damages you are entitled to. This is a more complicated matter depending on how severe your injuries are and the severity of your losses. Your lawyer will present evidence which includes expert witness testimony about the severity of your injuries, the loss of income, and your future earnings potential as well as your pain and suffering disfigurement, impairment, and pain. 5. Settlement Each state has a specific deadline that you must meet to resolve your claim or file an action. This is referred to as the statute of limitations. If your lawyer cannot reach a settlement with the insurer, you might have to make a court filing. It's costly and time-consuming. However, it is often required to seek compensation. During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a process formal where each side exchanges information with the other). Your attorney will also file legal documents, known as motions, which ask the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout the process, and a lot of civil disputes arising out of car accidents will end before a trial can be held. If they believe your injury claim is valid and you are willing to go to trial, insurance companies will make an honest settlement offer. In addition, the settlement process is more efficient and less risky for them than a trial. It is vital to fully comprehend the extent of your injuries prior to agreeing to the settlement. You must have completed all medical treatment. If you accept a settlement before your doctor determines that you have reached your maximum medical improvement (MMI) it is possible to be denied additional compensation. You should also not sign the release until you've had a conversation with your lawyer and have an accurate understanding of your damages. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully review your medical records and other evidence to make sure that you receive the full amount of damages to which you are eligible.