The First Steps in Car Accident Litigation Our determined lawyers will draft an official demand letter in the event that the insurance company refuses to provide you with the amount you're entitled to for your injuries. This will outline all the economic losses you have suffered such as medical bills and lost wages, as well as non-economic damages, like suffering and pain. A judge or jury will then make a decision. If they come to a decision to your advantage you will be awarded damages, and the defendant will be required to pay them. 1. Gathering Evidence In a lawsuit for a car accident, proving the negligence and liability is key to obtaining compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports, such as police reports, and other official reports. Photographs of the scene of the accident may aid your lawyer in determining what actually happened in the collision, including the location of both cars following the collision, skid marks, road debris, and other physical evidence. Also, keep track of the names and contact information of any eyewitnesses who saw what transpired. https://vimeo.com/709655432 is essential that witnesses corroborate the events that took place, since it can often be the case that drivers provide contradictory stories that lead to insurance companies denying or refusing the responsibility. Medical records can also be utilized by your lawyer to prove the severity of your injuries. These records could include bills, receipts and lab results, diagnose reports, discharge guidelines and other documentation. It is important to obtain these records as soon as you can and send copies to your medical professionals. Another form of evidence your attorney could make use of is a deposition which is an out-of-court testimonies given under oath and recorded by a court reporter. Your lawyer may make use of this testimony to prove your injuries had an obvious, predicable connection to the accident. This helps to justify seeking compensation. The majority of the evidence mentioned above is available at the site of the accident or shortly afterwards however some evidence may not be available until later in the litigation. It is crucial to contact a lawyer for car accidents with the right credentials as soon as you can to begin an inquiry as evidence is in its purest form. 2. Making a complaint After the dust has settled and you have tended to your injuries, it's time to seek out legal counsel from an expert. An attorney for car accidents will provide the knowledge and expertise to ensure that you receive maximum compensation for your claim. The first step is to file a complaint in court, which details the specific claims that you have filed and the amount of money you are seeking in damages. This document is usually drafted by an attorney and then filed in the court. It will also be served on the defendant. The discovery phase starts with both parties able to exchange information regarding their claims and defenses. The process can take a long time and requires both teams to review many documents, including police reports as well as witness statements medical records, bills and more. Each side can ask for interrogatories, which are a set of questions that the other party must answer under oath, within a specific date. Throughout this stage, your lawyer will also work with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they have had on your daily life. Your attorney will then calculate your total damages including past and future medical expenses as well as lost earnings, pain and suffering, and more. Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely to happen after discovery and prior to trial. If the insurance company refuses to settle the claim in a fair manner or if you've incurred significant damages that are not covered by the insurance policy, your case could be referred to trial. A jury or judge will make a decision in the case based on all of the evidence presented. 3. Discovery Discovery is an important phase in any car accident case. This is the time when your attorney and negligent insurance company of the driver share information that could either support or undermine your claim. Your attorney will ask for copies of documents to support your case. These documents include police reports as well as medical bills and work loss records from your employer (showing the amount of time you've missed because of the accident) photographs of your vehicle as well as any injuries or damages, and other financial information. Your attorney may also use documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and other parties who are not present. These written discovery tools are distributed back and forth between the attorneys for both sides. They provide the opposing party the opportunity to answer questions in writing, which have to be answered under oath and to provide copies of specific documents or other information that may be relevant to your case. Your Long Island car accident lawyer will also be able to depose witnesses to the accident and also any person who has information about your injuries or damage that could be crucial to your case. In a deposition, the lawyer representing the at-fault party will ask you questions, and your answers are recorded on video by a court reporter or transcribing. The pretrial investigation process is designed to assist your lawyer create a compelling case against the person who is at fault and their insurer in order to obtain a fair settlement for all of your injuries or losses, as well as expenses. There is no assurance of a settlement in each case, but most occur during or after the investigation process, which is often completed prior to the trial. 4. Trial Trials can be arranged in situations where you and the insurance provider disagree on fault or the amount of compensation you should receive for your injuries. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder who makes a decision that settles the issue. In personal injury cases the factfinder is usually a jury. During the trial the lawyer will provide your version of the events in your opening statements to the jury along with any supporting evidence you have, such as photographs or videos of the accident scene, testimony from bystanders and medical professionals, as well as documents like medical bills and police reports. You can also testify regarding your memory of the incident and how it affected your life. Expert witnesses can also testify to support your assertions. The lawyer for the defendant can cross-examine witnesses and object to admissibility of some evidence. The jury will decide at trial whether the plaintiff's harm was caused by the defendant's reckless behavior. They will consider proximate cause which is a complex legal concept that lawyers have to spend many hours studying in law school. Proximate causes focuses on the degree of connection between the defendant’s actions and the plaintiff's injuries. A jury must also decide how much compensation you should receive. This is a complicated issue because it is contingent on how severe your injuries are and the severity of your losses. Your attorney will provide evidence that includes expert testimony regarding the severity of your injuries as well as lost income and future earning potential, as well as the extent of your suffering and impairment. 5. Settlement Every state has a time limit that you must meet to resolve your claim or file an action. This is referred to as the statutes of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, then you might require filing a car accident lawsuit in the court. It can be expensive and time-consuming, but this is usually required to obtain compensation. During this procedure the Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and also attend hearings. Your lawyer will also submit legal documents, referred to as motions, requesting the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can go on throughout the process, and most car accident civil disputes end before a trial can be held. Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is strong and that you'll be willing to go to trial. In addition the settlement process is more efficient and less risky than a trial. Before settling on the settlement, it's essential to be aware of the extent of your injuries and have completed all medical treatments. If you sign a settlement before your doctor has determined you have reached the maximum medical improvement (MMI) and you are not able to miss out on additional compensation. You should also not sign an agreement until you have had a conversation with your lawyer and received an understanding of all damages. Your lawyer will ensure you do not get a poor deal on compensation. They will review your medical records as well as other documentation, to ensure that you are entitled to all of the damages that you are entitled to.