The First Steps in Car Accident Litigation If the insurance company is refusing to pay you the amount of money you need to cover your injuries, our persistent lawyers will draft an official demand letter. This letter will provide a detailed description of your financial damages such as medical expenses and lost wages, as and non-economic losses like discomfort and pain. Then the judge or jury will take a call. If they make a decision to your advantage, you are awarded damages and the defendant must pay them. 1. Gathering Evidence In a lawsuit involving a car accident the proof of negligence and liability is the most important aspect to obtain compensation for your losses and injuries. The gathering of evidence is one of the first steps in the litigation process, and it involves gathering documents including photographs, witness statements, and official reports, such as police reports. Photographs of the scene of the accident may assist your attorney in determining what actually transpired during the crash, including the position of both vehicles after impact, skid marks road debris, and other physical evidence. Also, note the names and contact numbers of any witnesses who were present at what transpired. It is crucial to have witnesses confirm the events occurred, as it can often happen that drivers provide contradictory information that can lead to insurance companies refusing to accept or deny the responsibility. Other evidence forms your lawyer could use include medical records. These could include bills, receipts diagnose reports, lab results, discharge instructions, and other evidence that demonstrates the extent of your injuries. You should obtain these records as soon as you can and send copies to your healthcare professionals. Another type of evidence your attorney could utilize is a deposition, which is an out-of court testimony delivered under oath, and then transcribed by a court reporter. Your lawyer could utilize the testimony to prove that your injuries had an immediate and clear connection to the accident and, therefore, can justify the need for compensation for your injuries. While the majority of these kinds of evidence can be collected at the scene of the accident or soon afterward, some of them may not be available until later in the litigation process. It's crucial to speak with an attorney in the case of a car crash with the right credentials immediately so they can begin an investigation while the evidence is in its purest form. 2. Making a Complaint When the dust has cleared and you've treated your injuries, it's time to seek professional legal advice. A lawyer who has handled car accidents can give you the experience to maximize your compensation. The first step is filing a complaint with the court. The complaint will detail your specific claims as well as 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 given to the defendant. The discovery phase begins, allowing both parties to exchange information about their claims and defenses. The process can take a long time and requires both parties to look over a number of documents, including police reports, witness statements medical records, bills and more. Each side can ask for interrogatories, which are a series of questions which the other party must answer under oath by a predetermined timeframe. In this phase, your lawyer will also collaborate with doctors to gather a full picture of your injuries as well as the impact that they've had on your life. Your attorney will then calculate your total damages that include past and future medical expenses and lost earnings, as well as suffering and pain, and more. Your lawyer may be able negotiate a settlement with the insurance company of the driver at fault. This is most likely to take place after the completion of discovery and prior to trial. If the insurance company does not agree to a fair settlement, or if the damages are substantial and not covered by insurance, then you could be required to appear in court. A jury or judge will decide on 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 the negligent insurer for the driver exchange information that could help or undermine your claim. Your attorney will ask for copies of the documents that support your case, such as police reports, medical bills as well as work loss records (e.g. documents from your employer showing the amount of time you were absent from work because of the accident), photographs of your vehicle as well as any injuries or damage or other pertinent financial information. Your attorney can also make use of tools for writing discovery, such interrogatories and requests for production to inquire about witnesses and parties who are not present. These written discovery tools are exchanged between attorneys from both sides. They provide the opposing party the chance to respond to questions in writing, which must be answered under oath and to provide copies of certain documents or other data which could be beneficial to your case. Your Long Island car accident lawyer will also conduct depositions of witnesses to the collision and also anyone who has information about 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 answers will be recorded on video by a court reporter or transcribed. The pretrial investigation process is designed to help your lawyer create a compelling case against the at-fault person and their insurance company in order to negotiate an equitable settlement for all your losses, injuries, expenses and losses. Although there is no guarantee that all cases settle however, the majority settles during or after the discovery process, which can be completed before the trial. 4. Trial Although the majority of car accident cases settle through out-of-court negotiations however, if you and your insurance company disagree about fault or how much compensation you are entitled to for your injuries, your case may go to trial. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder who makes a ruling which settles the dispute. In personal injury cases, the factfinder is usually a jury. Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any evidence supporting it like photos or videos of the scene of the accident, testimony from witnesses and medical professionals, or documents like police reports and bills. You may also testify on your personal memories of the incident, and how it affected your life. Expert witnesses can also give testimony to support your claims. https://vimeo.com/709533267 for the defendant can cross-examine witnesses and challenge the admissibility of certain evidence. The jury will decide in the trial whether the plaintiff's injury was the result of the defendant's reckless behavior. They will look at the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate causes examines the degree of connection 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 lawyer will present evidence that includes expert testimony about the severity of injuries loss of income, future earnings potential, as also your pain and suffering and impairment. 5. Settlement Each state has a specific deadline that you must meet to settle your claim or bring an action. This is referred to as the statutes of limitations. If your lawyer is not able to come to a deal with the insurance company, you may be required to make a court filing. It can be time-consuming and costly, but it is usually required to seek compensation. During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal process in which each party exchanges information with the other side) and be present at hearings. Your attorney will also submit legal documents, referred to as motions, which ask the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can continue throughout this process. A lot of civil disputes are settled before a trial is needed. Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is strong and that you will be willing to take the case to trial. In addition, the settlement process is more efficient and less risky than a trial. It is essential to fully understand your injuries prior to an agreement. You should also have completed all medical treatment. You could be denied additional compensation if you sign an offer of settlement until your doctor has concluded that you have reached the maximum medical improvement. Don't sign a contract before you have spoken with your lawyer about your injuries. Your attorney will ensure that you do not be denied compensation that is valuable. They will review your medical records, as well as other documentation to ensure that you receive all compensation you're entitled to.