The First Steps in Car Accident Litigation If the insurance company refuses to pay you the amount of money you need to cover your injuries, our determined lawyers will draft a formal demand letter. This letter will detail all of your financial losses such as medical expenses, lost wages as in addition to non-economic damages like pain and discomfort. Then a jury or judge will take a call. If they make a decision in your favor you are awarded damages and the defendant will be required to pay them. 1. Gathering Evidence In a lawsuit involving an automobile accident the proof of negligence is essential in obtaining 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. Photographs of the scene of the accident can help your attorney establish what actually happened in the collision, including the positions of both vehicles after impact, skid marks road debris, and other physical evidence. Record the names and contact information of any witnesses who were present to witness what happened. Witnesses who testify to corroborate your version of what happened is crucial particularly since it can be common for drivers to have conflicting accounts of what happened that causes insurance companies to refuse to accept the claim or denying responsibility altogether. Other forms of evidence your lawyer could use include medical records, which may include bills, receipts, diagnosis reports, lab results, discharge instructions and other documents that show the extent of your injuries. You should get these records as quickly as you can, and also provide copies to your healthcare providers. Depositions are another form of evidence that your attorney may utilize. This is an out-of court statement made under oath. It is then translated by a court reporter. Your lawyer can use the testimony to establish that your injuries have an immediate and obvious connection to the crash and can be used to justify compensation for your injuries. The majority of the evidence listed above is available 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 important to contact a car accident lawyer with the right credentials immediately so that they can begin an investigation as evidence is in its most natural form. 2. Making a Complaint Once the dust has settled and you've taken care of your injuries, it's time to seek expert legal advice. A lawyer for car accidents can provide the necessary expertise to ensure you receive the maximum compensation for your claim. The first step is to file a complaint with court, which lists the specific claims that you're bringing and how much money you're seeking in damages. This form is usually prepared by an attorney, and filed in the court. It will also be delivered to the defendant. This also begins the discovery phase, which allows both sides to exchange information and evidence related to their claims and defenses. The process can take a long time and both teams will be required to examine a large number of documents, including police reports and witness statements. They may also have to examine medical records, bills, and other documents. Both sides can request interrogatories. These are a set of questions which the other side must answer under oath within the timeframe specified. During this stage, you lawyer will also work closely with medical professionals to obtain an accurate picture of your injuries and the impact that they've affected your life. Your lawyer will determine your total damages. This will include future and past medical expenses, lost wages, pain and suffering and more. Your lawyer may be able reach a settlement deal with the insurance company of the driver who is at the fault. This is more likely to occur following discovery, but before trial. If the insurance company doesn't agree to an acceptable settlement, or if the damages are important and not covered by insurance, then you could be required to go to trial. A judge or jury will make a decision in the case based on the evidence presented. 3. Discovery Discovery is an important phase in any car accident case. It is the point at which your attorney and negligent insurer of the driver exchange information that could support or undermine your claim. Your attorney will ask for copies of documents that support your case, such as police reports, medical bills as well as work loss records (e.g. the records from your employer showing how long you missed work because of the accident) photos of your car and any damage or injuries or other pertinent financial information. Your attorney may also use documents for discovery in writing, such as interrogatories and requests for production to ask questions of witnesses and other parties who are not present. These tools for discovery in writing are circulated back and forth between attorneys of both sides. Written discovery tools allow the opposing side a chance to answer questions in writing, which must be answered under oath. It also allows you to provide copies or other information that might be useful to you. Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident as well as anyone with information on your injuries or damages that could be important to your case. During a deposition, the lawyer representing the party at fault will ask you several questions, and your answers will be recorded on video or transcribing by a court reporter. The pretrial investigation process is designed to assist your lawyer build a compelling case against the person who is at fault and their insurer to secure an equitable settlement for all of your injuries or losses, as well as expenses. Although there is no guarantee that every case will settle however, the majority settles either during or after the discovery process, which may be completed prior to the time your trial. 4. Trial Trials can be arranged in situations when you and the insurance company do not agree about who is at fault or the amount you are entitled to for your injuries. A trial is a formal process where both parties are required to argue and present evidence to a factfinder who makes a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury. During the trial your lawyer will be able to present your version of events in your opening statements to the jury and any supporting evidence you may have, such as pictures or videos of accident scene, witness testimony from bystanders and medical professionals, as well as documents such as police reports and medical bills. You may also offer your testimony regarding your memory of the incident and how it changed your life. Expert witnesses are also able to testify in support of your assertions. https://vimeo.com/709516776 representing the defendant can cross-examine witnesses and object to the admissibility of evidence. At trial, jurors must decide if the plaintiff's injuries were caused by the negligence of the defendant. They will be looking at the proximate causes, which is a complicated legal concept that law students spend hours studying. 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 is also a complicated issue because it is contingent on the severity of your injuries and the degree to which you've suffered. Your lawyer will present evidence, including expert testimony, regarding the severity of injuries that resulted in loss of income and earning potential, as well as the extent of your suffering and impairment. 5. Settlement Each state sets a legal deadline, known as the statute of limitations where you have to settle your claim or make a claim. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you could have to file a car accident lawsuit in court. This could be a lengthy process and costly, but it is usually necessary to pursue compensation. During this procedure you and your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and also attend hearings. Your attorney will also file legal documents, known as motions, requesting the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can continue during this process. A majority of car accident civil disputes are resolved prior to a trial. If they believe that your claim is valid and you are willing to go to trial Insurance companies will offer an honest settlement offer. Settlement is more efficient and less risky than a court trial. It is vital to understand the extent of your injuries prior to agreeing to an agreement. You should also have completed all medical treatments. You could lose out on additional compensation if you sign the settlement until your physician has concluded that you have reached the maximum medical improvement. Also, you should not sign a release before you've spoken with your lawyer regarding your damages. Your lawyer will ensure that you don't miss out on valuable compensation. They will carefully examine your medical records and other documentation to make sure that you receive the full amount of damages to which you are eligible.