The First Steps in Car Accident Litigation Our hard-working lawyers will draft a formal demand letter if the insurance company refuses to pay the amount you require for your injuries. This will list all your financial damages, such as medical bills and lost wages, as well as other damages that are not economic, like pain and suffering. Then the judge or jury will decide. If they come to a decision to your advantage, you are awarded damages and the defendant must pay them. 1. Gathering Evidence In a case of a car crash lawsuit the proof of negligence and liability is crucial to get compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports, including police reports and other official reports. Photographs of the scene of the accident might help your attorney establish what actually transpired during the accident, including the position of both vehicles after collision, skid marks, road debris, and other physical evidence. Also, keep track of the names and contact details of any eyewitnesses who witnessed what transpired. It is crucial to have witnesses to verify the events that took place, as it can often be the case that drivers give contradictory information that can lead to insurance companies denying or refusing the liability. Medical records can also be used by your lawyer in order to prove the extent of your injury. These documents could include bills, receipts and lab results, diagnose reports, discharge instructions, and other records. It is important to obtain these records as soon as you can and send copies to your medical professionals. A deposition is yet another type of evidence your lawyer could make use of. This is an out-of court testimony given under oath. It is then transcribing by a Court Reporter. Your lawyer can utilize this testimony to prove that your injuries had an obvious, predicable connection to the accident. This is a good argument to support requesting compensation. Most of the evidence mentioned above is available at the site of the accident or soon after however, some might not be available until later in the legal process. It is crucial to contact a car accident lawyer with the right credentials immediately so they can begin an inquiry while the evidence is in its most natural form. 2. How to file a complaint Once the dust has sunk and you've treated your injuries, it's time to seek professional legal advice. A lawyer who has handled car accidents can offer you the knowledge to maximize your compensation. The first step is to file a complaint in the court, describing the specific claims that you're making and the amount of money you are seeking in damages. The document is usually drafted by your attorney and filed with the court, and then served to the defendant. It also kicks off the discovery phase which allows both parties to exchange information and evidence pertaining to their claims and defenses. https://vimeo.com/709523043 can be long and requires both sides to examine a variety of documents, including police reports, witness statements and medical records, as well as 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 a specified time frame. Throughout this process the lawyer will collaborate with doctors to ensure they have a complete picture of the severity of your injuries as well as the impact they have affected your daily routine. Your attorney will calculate the total damages. This will include past and upcoming medical expenses including lost wages, suffering and pain and suffering, and more. Your lawyer may be able reach a settlement agreement with the insurance company of the driver who is at the fault. This is more likely following discovery, but before trial. If the insurance company does not agree to a fair settlement, or if the damages are significant and not covered by insurance, you may have to go to trial. A jury or judge will decide the case based on the weight of all the evidence. 3. Discovery Discovery is an essential step in any lawsuit involving a car accident the attorney representing you and the insurance company of the negligent driver company exchange information that may support or damage your claim. Your attorney will request copies of the documents that support your case. This includes police reports, medical bills and work loss documents from your employer (showing the amount of time you were absent due to the accident) photographs of your vehicle damaged or injured, and other financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to inquire about witnesses and other parties who are not present. These documents are exchanged between attorneys from both sides. Written discovery tools allow the other side an opportunity to respond to questions in writing which must be sworn to under oath, and to provide copies or 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 about the damages or injuries you sustained that could be important to your case. In a deposition, the at-fault party's lawyer will ask you several questions, and your answers will be recorded on video or transcribed by a court reporter. These pre-trial investigation procedures are designed to assist your lawyer build a compelling case against the at-fault person and their insurer to obtain an equitable settlement for all your injuries and losses, costs and expenses. There is no guarantee of a settlement in each case but the majority of cases do so after or during the investigation process, which is typically concluded prior to the trial. 4. Trial Trials can be arranged in situations when you and the insurance company are not in agreement on the source of your fault or the amount you are entitled to for your injuries. A trial is a formal proceeding where both sides present arguments and evidence to a factfinder, who makes a ruling 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 opening statements to the jury, as well as any other evidence you have, including pictures or videos of accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents such as medical bills and police reports. You can also give your testimony regarding your memories of the incident and how it affected your life. Expert witnesses can also give testimony to support your assertions. The attorney for the defendant can cross-examine witnesses and object to the admissibility of certain evidence. In a trial, jurors must decide whether the plaintiff's injuries were the result of the negligence of the defendant. They will look at proximate cause which is a tangled legal concept that lawyers will spend many hours studying during law school. Proximate cause considers the relationship between the defendant's actions and the plaintiff's injuries. A jury also has to decide the amount of damages you are entitled to. This is a more complicated matter depending on how severe your injuries are and the extent of your losses. Your lawyer will provide evidence which includes expert testimony about the severity of your injuries as well as lost income and future earnings potential, as also your suffering and impairment. 5. Settlement Each state establishes a legal deadline, also known as the statute of limitations by which you must settle your claim or make a claim. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you could need to file a car accident lawsuit in the court. It's costly and time-consuming. However, 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 also attend hearings. Your lawyer will also file legal documents referred to as motions to request the court to consider the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue throughout this process. Many car accident civil disputes are settled before a trial is needed. If they believe your injury claim is valid and you are willing to go to trial the insurance company will offer a fair settlement offer. The settlement process is also quicker and less risky than an in-court trial. Before you agree to an agreement, it's essential to be aware of the extent of your injuries and that you have completed all medical treatments. If you sign a settlement before your doctor has determined you have reached maximum medical improvement (MMI), you could be denied additional compensation. Also, you should not sign a contract before you've spoken with your lawyer about your injuries. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will look over your medical records, as well as other documents, to ensure that you receive all damages that you are entitled to.