The First Steps in Car Accident Litigation Our hard-working lawyers will draft a formal demand letter in the event that the insurance company refuses to pay the amount you're entitled to for your injuries. This letter will provide a detailed description of your economic losses such as medical expenses and lost wages, as and non-economic losses like pain and discomfort. A judge or jury will then take a call. If they decide 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 negligence and liability is essential to receive compensation for your losses and injuries. 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. Photographs of the scene of the accident may help your attorney establish what actually happened in the crash, including the position of both vehicles after impact, skid marks road debris and other evidence that is physical. Also, keep track of the names and contact numbers of any eyewitnesses who saw what occurred. Having witnesses testify that corroborate your version of the events is essential especially as it can be common for drivers to give contradicting reports of what happened, which leads to insurance companies refusing to accept the claim or deny any responsibility at all. Medical records can also be used by your lawyer to prove the extent of your injury. They could include receipts, bills as well as lab results, diagnosis reports, discharge instructions and other records. You should get these documents as soon as is possible and ensure that you provide copies to your medical professionals. A deposition is a different type of evidence that your attorney can employ. This is an out-of court statement made under oath, which is then recorded by a Court Reporter. Your lawyer may use the testimony to establish the fact that your injuries had an immediate and obvious connection to the crash and, therefore, can justify the need for compensation for your injuries. Although the majority of the above types of evidence are gathered at the accident scene or shortly thereafter, some of them may not be available until later in the litigation process. This is why it's crucial to speak with a well-credentialed lawyer in the event of a car accident as soon as you can so that they can begin the investigation while vital evidence is still in its most pure 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 necessary expertise to ensure that you receive maximum compensation for your claim. The first step is filing a complaint with the court. It will describe your specific claims and the amount of money you want to recover in damages. This type of document is typically drafted by an attorney and filed in the court. It will also be delivered to the defendant. This also initiates the discovery phase, which allows both sides to exchange information and documents related to their claims and defenses. The process can be lengthy and requires both sides to review many documents, including police reports witnesses' statements, police reports medical records, bills and more. Each side is able to request interrogatories. These are a series of questions that the other side must answer under oath within the timeframe specified. During this stage, you lawyer will also collaborate with medical professionals to obtain a full picture of your injuries as well as the impact that they've had on your life. Your lawyer will estimate the total damages. This will include any future medical expenses including lost wages, suffering and pain, and much more. Your lawyer may be able reach a settlement agreement with the insurance company of the driver who is at the fault. It is likely to take place after the completion of discovery, but before trial. If the insurance company does not agree to an equitable settlement, or if your damages are significant and are not covered by insurance, then you could have to go to trial. https://vimeo.com/709654843 or judge will decide on the case based upon 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 exchange information that can support or hurt your claim. Your attorney will ask for copies of the documents that support your case, including police reports, medical bills or work-related loss records (e.g. the records from your employer showing the amount of time you were absent from work due to the accident), photographs of your vehicle, any damage or injuries or other pertinent financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to question witnesses and witnesses who are not present. These written discovery tools are distributed back and forth between the attorneys on both sides. Written discovery tools allow the other side an opportunity to answer questions in writing that must be answered under oath and to provide copies of other information which could be helpful to you. Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding your injuries or damages that could be essential to your case. In a deposition, the lawyer representing the person at fault will ask you questions and your responses are recorded on video by a court reporter or transcribing. The pretrial investigation process is designed to help your lawyer construct a compelling case against the person who is at fault and their insurer in order to get a fair settlement for all your losses, injuries or losses, as well as expenses. There is no guarantee of a settlement in every case however the majority of them will settle during or following the investigation process, which is usually completed before the trial. 4. Trial Trials are possible in cases where you and the insurance company disagree on the source of your fault or the amount of compensation you should be awarded for your injuries. A trial is an official proceeding where both parties are required to present arguments and evidence before an impartial factfinder who takes an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury. During the trial your lawyer will be able to present your version of events in your opening statements to the jury together with any evidence you may have, such as photographs or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents such as police reports and medical bills. You may also offer your testimony regarding your recollection of the incident and how it impacted your life. Expert witnesses can also offer evidence to support your assertions. The attorney representing the defendant may interrogate witnesses and contest the admissibility of specific evidence. At trial, the jury has to decide if the plaintiff's injuries were caused by the defendant's negligence. They will be examining proximate causes an intricate legal concept that lawyers have to spend many hours studying during law school. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff's injuries. A jury must also decide the amount of damages you're entitled to. This is a more complicated matter due to the severity of your injuries and the extent of your losses. Your lawyer will present evidence, including expert testimony from a witness regarding the severity of your injuries, your loss of income, and future earnings potential and your suffering and pain disfigurement, impairment, and. 5. Settlement Each state establishes a legal deadline, also known as the statute of limitations by which you must settle your claim or start a lawsuit. If your lawyer can't negotiate a settlement with the insurer, you might have to file a lawsuit in court. It can be expensive and time-consuming, but it is often required to seek compensation. During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and will attend hearings. Your attorney will also prepare legal documents, also known as motions, requesting the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are settled before a trial is needed. If they believe your injury claim is legitimate and you are willing to go to trial the insurance company will offer an honest settlement offer. In addition settlement is quicker and less risky for them than a trial. It is crucial to understand your injuries before you agree to an agreement. You should also have completed all medical treatment. If you settle before your doctor determines that you have reached your maximum medical improvement (MMI), you could miss out on additional compensation. You should also not sign a release until you've spoken with your lawyer about your damages. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will carefully examine your medical records and other documentation to make sure that you receive the full amount of damages for which you are eligible.