The First Steps in Car Accident Litigation If the insurance company is refusing to pay the amount of money you need for your injuries, our hard-working lawyers will draft an official demand letter. This letter will detail all of your economic losses such as medical costs and lost wages, as also non-economic damages like pain and discomfort. Then, a judge or jury will make a decision. If they rule in your favor, they will award you damages and the defendant must pay them. 1. Gathering Evidence In a lawsuit that involves an accident in a car the proof of negligence is essential to receive compensation for your 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. Your attorney may be able to establish the circumstances of the accident by taking photos of the scene, including skid marks or road debris, as well as other physical evidence. Record the names and contact details of any witnesses who witnessed the incident. It is important to have witnesses corroborate the events that took place, since it can often be the case that drivers give contradictory accounts that lead to insurance companies refusing or denial of responsibility. Medical records can also be utilized by your lawyer to demonstrate the extent of your injury. These records could include bills, receipts and lab results, diagnose reports, discharge directions and other documentation. You should obtain these records as soon as you can, and also provide copies to your healthcare providers. Another form of evidence that your attorney might utilize is a deposition, which is an out-of-court testimonies given under oath and transcribed by a court reporter. Your lawyer may make use of this testimony to prove your injuries have an obvious, predicable connection to the accident. This helps to justify requesting compensation. While the majority of the above kinds of evidence can be obtained at the scene or soon afterward, some of them may not be available until later in the litigation process. This is why it's vital to talk to a reputable car accident lawyer as quickly as you can so that they can begin investigating while vital evidence is still in its purest form. 2. Making a Complaint Once the dust has sunk and you've taken care of your injuries, it's the time to seek expert legal advice. A car accident attorney can provide the expertise needed to ensure that you receive maximum compensation for your claim. The first step is to file a complaint with court, which details the specific claims you are making and the amount you're seeking in damages. This document is typically drafted by your lawyer and filed with the court, and then served to the defendant. The discovery phase starts and allows both parties to share information about their defenses and claims. The process can take a considerable time, and both teams will need to review a lot of documents, including police reports and witness statements. They may also have to look at medical records or bills, as well as other documents. Each side can request interrogatories. They are a set of questions which the other side has to answer under oath in the timeframe specified. In this stage the lawyer will work with doctors to ensure they have a complete picture of the severity of your injuries and the impact they have had on your daily life. https://vimeo.com/709681840 will determine the total damages. This will include any future medical expenses including lost wages, suffering and pain and suffering, and more. Your lawyer could be able to negotiate a settlement with the insurance company of the driver who is at the 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 important and not covered by insurance, you may need to go to trial. A jury or judge will decide the case on the basis of all evidence. 3. Discovery Discovery is an important phase in any car accident case. It is the point at which your attorney and the negligent insurer for the driver exchange information that can support or hurt your claim. Your attorney will ask for copies of documents that support your case, including medical bills, police reports and work loss records (e.g. an email from your employer showing how long you missed work because of the accident) photos of your vehicle, any injuries or damage, and other relevant financial information. Your lawyer will also make use of documents for discovery in writing, such as interrogatories request for production, interrogatories and request for admissions to question witnesses and other parties who are not present in the case. These discovery tools written in writing are distributed back and forth between attorneys on both sides. The written discovery tools provide the other side an opportunity to answer questions in writing, which must be sworn to under oath, and to provide copies of other information that might be helpful to you. Your Long Island car accident attorney will also interview witnesses and anyone who has information about the damages or injuries you sustained that could be vital to your case. During a deposition, your lawyer of the at-fault person will ask you questions and your responses could be recorded on video by a court reporter or transcribing. These pre-trial investigation procedures are designed to assist your lawyer build a compelling case against the at-fault person and their insurer in order to negotiate a fair settlement for all your losses, injuries as well as losses, expenses and costs. There is no assurance of a settlement in every case however, most occur during or after the investigation process, which usually concluded prior to the trial. 4. Trial Trials are a possibility in situations when you and the insurance provider disagree about who is at fault or the amount you should receive for your injuries. A trial is a formal process in which both sides present arguments and evidence to a factfinder, who renders a verdict that resolves the dispute. In personal injury cases the factfinder is typically a jury. During the trial your lawyer will present your version of events in your opening statements to the jury as well as any other evidence that you have, like photos or video of the accident scene, testimony from witnesses and medical professionals, and documents such as medical bills and police reports. You can also offer testimony regarding your memory of the incident and how it has changed your life. Expert witnesses will also provide evidence to support your assertions. The attorney representing the defendant may interrogate witnesses and contest the admissibility of specific evidence. In a trial, the jury will decide whether the plaintiff's injuries were caused by the defendant's negligence. They will look at proximate cause which is a complex legal concept that lawyers spend many hours studying in law school. Proximate cause considers how close the connection is between the actions of the defendant and the plaintiff's injuries. A jury is also required to determine the amount of damages you are entitled to. It is also a complicated matter because it is based on the severity of your injuries and the extent to which you have suffered. Your lawyer will present your evidence, including expert testimony from a witness regarding the severity of your injuries, the loss of income and future earnings potential in addition to your pain and suffering disfigurement, impairment, and pain. 5. Settlement Each state has a specific deadline by which you can settle your claim, or even file a lawsuit. This is referred to as the statute of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you might need to file a car accident lawsuit in the court. It is costly and time-consuming. However, it is often required to seek compensation. During the discovery procedure, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a process formal where both sides exchange information with the other). Your lawyer will also file legal documents referred to as motions that ask the court to consider not allowing certain types of evidence in trial. Settlement negotiations can be ongoing throughout the entire process, and most car accident civil disputes end before a trial needs to be held. If they believe that your claim is solid and you are willing to go to trial Insurance companies will offer a fair settlement offer. The settlement process is also faster and less risky than the court trial. It is important to be aware of your injuries prior to committing to an agreement. You must have completed all medical treatments. If you accept a settlement before your doctor determines that you have reached maximum medical improvement (MMI) and you are not able to be denied additional compensation. You should also not sign a release until you've spoken with your lawyer about the damages. Your lawyer will ensure you don't lose out on the valuable compensation. They will carefully examine your medical records and other documentation to ensure that you receive the total amount of damages for which you are eligible.