The First Steps in Car Accident Litigation If the insurance company is refusing to provide the amount of money you need to cover your injuries, our tenacious attorneys will prepare an official demand letter. This will list all the economic losses you have suffered including medical expenses and lost wages, as well as other damages that are not economic, like suffering and pain. A jury or judge will then come to a decision. If they rule to your advantage you will be awarded damages. In addition, the defendant must pay them. 1. Gathering Evidence In a lawsuit for a car accident, proving the negligence and liability is key to obtaining compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes photographs, documents, witness testimony, official reports, like police reports and other official reports. Your attorney may be able to establish what transpired in the incident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Also, keep track of the names and phone numbers of any witnesses who witnessed what occurred. It is important to have witnesses confirm the events were actually happening, as it may often be the case that drivers provide contradictory stories that lead to insurance companies refusing to accept or deny responsibility. Other evidence that your lawyer may use include medical records, which may include receipts, bills, diagnosis reports, lab results, discharge instructions, and other documents that show the extent of your injuries. You should obtain these documents as soon as you can, and make sure to give copies to your healthcare professionals. A deposition is yet another type of evidence your lawyer can utilize. It's an out-of the court testimony that is under oath, which is then translated by a court reporter. Your lawyer can use the testimony to prove that your injuries had an immediate and predicable connection to the accident which can help justify compensation for your losses. Most of the evidence discussed above can be obtained at the site of the crash or shortly after however some evidence may not be available until much later in the litigation. It's crucial to speak with a lawyer for car accidents with the right credentials immediately to begin an investigation while the evidence is in its most natural form. 2. Filing a Complaint When the dust has cleared and you've treated your injuries, it's time to seek out legal counsel from an expert. An attorney who has handled car accidents will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim. The first step is to file an application with the court. The complaint will detail your specific claims and the amount of money you wish to recover in damages. The document is usually drafted by your attorney, and then filed with the court and served on the defendant. The discovery phase begins by allowing both parties to exchange information about their defenses and claims. https://vimeo.com/709638682 can take a long duration 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. These are a set of questions which the other side has to answer under oath in a specified time frame. Throughout this stage, your lawyer will also work with doctors to ensure they have a complete understanding of the extent of your injuries and the impact they've had on your daily life. Your lawyer will then estimate your total damages, which will include future and past medical expenses loss of earnings, suffering and pain, and more. Sometimes, your lawyer might be able to reach an agreement with the responsible driver's insurance company. This is more likely to happen after discovery and prior to trial. If the insurance company is unable to settle the claim in a fair manner or if you have incurred significant losses that aren't covered by the insurance policy, your case could be referred to trial. A jury or judge will decide the case on the basis of all evidence. 3. Discovery Discovery is a crucial step in any car accident case. This is where your attorney and the negligent driver's insurer exchange information that could support or hurt your claim. Your attorney will ask for copies of the documents supporting your case, including police reports, medical bills and work loss records (e.g. documents from your employer which reveals how much time you missed work due to the accident) photographs of your vehicle as well as any injuries or damage or other pertinent financial information. Your attorney will also make use of written discovery tools like interrogatories or requests for production as well as requests for admissions in order to question witnesses and parties who are not part of the case. The written discovery tools are sent back and forth between the attorneys for both sides. The tools for writing discovery give the opposing party a chance to answer questions in writing that need to be sworn to under oath, and to provide copies or other information that may be helpful to you. Your Long Island car accident lawyer will also depose witnesses to the collision and any person who has information about your injuries or damages that could be important to your case. In a deposition, the at-fault party's lawyer will ask you various questions, and your responses will be recorded on video or translated by a court reporter. These pretrial investigation processes are designed to assist your lawyer construct a compelling case against the at-fault person and their insurer to obtain an equitable settlement for all of your injuries, expenses and losses. While there is no assurance that all cases will settle but the majority settle in the course of or following the discovery process, which may be completed prior to the time your trial. 4. Trial Although the majority of car accidents settle through negotiations outside of court If you and the insurance company do not agree on who is at fault or the amount you are entitled to for your injuries, the case may go to trial. A trial is a formal proceeding in which both sides are required to argue their case and provide evidence before a factfinder who makes a decision on how to settle the dispute. In personal injury cases the factfinder will usually be a jury. Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the accident scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You may also testify about your memory of the incident and how it affected your life. Expert witnesses can also testify to support your assertions. The lawyer representing the defendant can cross-examine the witnesses and object to the admissibility or validity of certain evidence. In a trial, the jury will decide whether the plaintiff's injuries were the result of the defendant's negligence. They will examine the proximate causes, which is a complicated legal concept that law students will spend hours studying. Proximate causes analyzes 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. It's a difficult issue because it depends on the degree of your injuries and the extent to which you have suffered. Your lawyer will present evidence including expert testimony regarding the severity of injuries, lost income and future earning potential, as well as the extent of your suffering and impairment. 5. Settlement Each state has a specific deadline within which you can settle your claim or bring a lawsuit. This is known as the statutes of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you could need to file a car accident lawsuit in court. It can be time-consuming and expensive, but it is usually required to seek compensation. During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a procedure that is formal in which both sides exchange information with each other). Your lawyer will also make legal filings, also known as motions, asking the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing during this process. A majority of car accident civil disputes are resolved prior to a trial. If they believe your injury claim is solid and you are willing to go to trial the insurance company will offer an honest settlement offer. Settlements are quicker and less risky than the court trial. It is crucial to fully understand your injuries before you agree to a settlement. It is also important to have completed all medical treatment. If you sign a settlement before your doctor has determined that you have reached the maximum medical improvement (MMI) and you are not able to miss out on additional compensation. Don't sign a release until you've spoken with your lawyer about your injuries. Your attorney will ensure that you do not get a poor deal on compensation. They will review your medical records, and other documents to ensure that you are entitled to all of the damages for which you qualify.