The First Steps in Car Accident Litigation If the insurance company refuses to provide the amount of money you need for your injuries, our determined lawyers will draft a formal demand letter. It will detail all your financial losses, such as medical bills and lost wages, as well as non-economic damages like pain and suffering. A jury or judge will then take a call. If they come to a decision in your favor, you will be awarded damages. In addition, the defendant is required to pay them. 1. Gathering Evidence In a lawsuit that involves an automobile accident the proof of negligence is essential to receiving compensation for your injuries. Gathering evidence is one of the first steps in the process of litigation, and it requires gathering documents, photographs, witness testimony and official reports like police reports. Photographs of the scene of the accident can assist your attorney in determining what happened during the collision, including the location of both vehicles after impact, skid marks, road debris, and other physical evidence. Also, keep track of the names and contact details of any witnesses who were present at what happened. It is important to have witnesses confirm the events occurred, as it can often be the case that drivers offer contradictory statements that result in insurance companies denying or refusing liability. Other types of evidence your lawyer could utilize include medical records, which can include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other evidence that proves the severity of your injuries. You should get these documents as soon as you can and ensure that you provide copies to your healthcare professionals. Another type of evidence that your attorney may use is a deposition, which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer could utilize the testimony to prove that your injuries had a direct and foreseeable connection to the crash and can be used to justify compensation for your losses. The majority of the evidence mentioned above can be gathered at the site of the accident or within a short time but some of it may not be available until much later in the litigation. It's crucial to speak with an attorney for car accidents with the right credentials immediately to start an investigation while the evidence is still in its most natural form. 2. Filing a Complaint After the dust has settled, and you've taken care of your injuries, seek legal guidance from an expert. A car accident attorney will be able to provide the expert advice you require to help you obtain maximum compensation for your claim. The first step is filing a complaint with the court. This document will outline your specific claims as well as the amount you want to recover in damages. The complaint is typically written by your attorney and filed with the court and served to the defendant. The discovery phase begins with both parties able to exchange information about their defenses and claims. The process can be lengthy and requires both parties to look over a number of documents, including police reports, witness statements, medical records, bills and more. Both sides can request interrogatories. These are a series questions that the other side has to answer under oath within an agreed upon timeframe. In this phase, your lawyer will also collaborate with medical professionals to obtain an accurate picture of your injuries as well as the impact that they've affected your life. Your attorney will calculate your total damages including past and future medical expenses as well as lost earnings, suffering and pain, and more. Your lawyer could be able to reach a settlement agreement with the insurance company of the driver who is at the fault. This is most likely to occur after the completion of discovery and prior to trial. However, if the insurance company refuses to provide a fair settlement or if you've sustained significant losses that aren't covered by the insurance policy, your case could be referred to trial. A jury or judge will make a final decision in the case based upon all of the evidence presented. 3. Discovery Discovery is a crucial phase in any car accident case. This is when your attorney and the negligent insurance company of the driver exchange information that can support or derail your claim. Your attorney will request copies of the documents to support your case. These documents include police reports medical bills, work loss documents from your employer (showing how much time you were absent due to the accident) photos of your vehicle as well as any injuries or damages and financial information. https://vimeo.com/709508868 will also make use of written discovery tools like interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties that are not part of the case. These tools for discovery are used to exchange information between attorneys on both sides. The written discovery tools give the opposing party a chance to respond to questions in writing that need to be answered under oath. They also ask you to provide copies of other information that may be useful to you. Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident and anyone with information on your injuries or damages that could be relevant to your case. During a deposition, the lawyer representing the person at fault will ask you questions and your responses will be recorded on video by the court reporter or translated. The pretrial investigation process is designed to help your lawyer construct a compelling case against the responsible party and their insurer to secure an equitable settlement for all of your injuries as well as losses, expenses and costs. While there is no guarantee that every case will settle but the majority settle during or after the discovery process, which can often be completed prior to the time your case goes to trial. 4. Trial While the vast majority of car accidents settle through negotiations outside of court however, if you and your insurance company aren't in agreement on the cause or the amount of compensation you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal hearing where both sides present arguments and evidence to a factfinder who makes a decision that settles the issue. In personal injury cases the factfinder usually a jury. During the trial, your lawyer will explain your story in your opening statements to the jury, along with any supporting evidence you have, including pictures or videos of accident scene, witness testimony from bystanders and medical professionals, as well as documents such as medical bills and police reports. You can also provide testimony about your memories of the incident and how it had an impact on your life. Expert witnesses are also able to testify in support of your assertions. The attorney representing the defendant may cross-examine witnesses, and argue against the admissibility of specific evidence. The jury will decide during trial whether the plaintiff's injury was the result of the defendant's negligent conduct. They will examine proximate cause, a complicated legal concept that lawyers have to spend many hours studying in law school. Proximate causes considers how close the connection is between the defendant's actions and the plaintiff's injuries. A jury is also required to determine the amount of damages you are entitled to. It's also a complex issue due to the degree of your injuries and the extent to which you have suffered. Your attorney will present evidence, including expert testimony, regarding the severity of your injuries loss of income, future earning potential, as well your suffering and impairment. 5. Settlement Each state has a deadline within which you can settle your claim or bring a lawsuit. This is known as the statutes of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, then you might need to file a car accident lawsuit in the court. It can be lengthy and costly, but it is usually necessary to pursue 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 each side exchanges information with one another). Your lawyer will also file legal documents known as motions that ask the court to consider excluding certain types of evidence at trial. Settlement negotiations can continue throughout the entire process, and a lot of civil disputes arising out of car accidents will end before a trial is required to be held. If they feel that your injury claim is legitimate and you are willing to go to trial, insurance companies will make an acceptable settlement offer. Additionally the settlement process is quicker and less risky for them than a trial. Before you agree to the settlement, it's crucial to fully comprehend the severity of your injuries and that you have completed all medical treatments. If you accept a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI) and you are not able to miss out on additional compensation. It is also important not to sign a release until you have consulted with your lawyer about your injuries. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will scrutinize your medical records, and other documentation to ensure that you receive all the damages you are entitled to.