The First Steps in Car Accident Litigation If the insurance company refuses to provide the amount you need for your injuries, our hard-working attorneys will prepare a formal demand letter. It will detail all the economic losses you have suffered including medical expenses and lost wages, as well as other damages that are not economic, like suffering and pain. A judge or jury will then take a call. If they decide in your favor, you are awarded damages and the defendant will be required to pay them. 1. Gathering Evidence In a lawsuit involving an accident in the car it is essential to prove negligence 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. Your attorney might be able to establish what happened in the accident by taking pictures of the scene, including skid marks road debris, skid marks and other physical evidence. Record the names and contact details of any witnesses who saw what happened. Witnesses who testify that confirm your account of what transpired is vital as it could be common for drivers to have conflicting reports of what happened, which results in insurance companies refusing to accept the claim or denying any responsibility at all. Other types of evidence your lawyer could use include medical records, which could include bills, receipts and diagnosis reports, laboratory results, discharge instructions, and other evidence that proves the extent of your injuries. It is essential to get these records as quickly as you can, and also provide copies to your healthcare providers. Depositions are another form of evidence your lawyer can make use of. This is an out-of court statement made under oath, and then transcribing by a Court Reporter. Your lawyer may use the testimony to establish that your injuries had a direct and foreseeable connection to the accident and, therefore, can justify the need for compensation for your injuries. Most of the evidence discussed above can be obtained at the site of the accident or within a short time however, some might not be available until much later in the legal process. It's crucial to speak with an attorney in the case of a car crash with the appropriate credentials as soon as you can so they can begin an investigation while the evidence is still in its purest form. 2. Making a Complaint Once the dust has sunk and you have tended to your injuries, it's time to seek expert legal advice. An attorney 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 details the specific claims you are making and the amount you're seeking in damages. The document is usually written by an attorney and then filed in court. It will also be served to the defendant. The discovery phase begins by allowing both parties to exchange information about their claims and defenses. The process can take a long time, and both teams will be required to examine a large number of documents like police reports and witness statements. They might also need to review medical records and bills as well as other documents. Both sides can request interrogatories. These are a series questions which the other side has to answer under oath in the specified timeframe. During this stage, you lawyer will also work closely with medical professionals to obtain an accurate picture of your injuries and the impact they've had on your life. Your lawyer will determine the total damages. This will include any future medical expenses including lost wages, the pain and suffering of others, and many more. Your lawyer might be able to reach a settlement deal with the insurance company of the driver at fault. This is likely to take place after the completion of discovery and before trial. If the insurance company refuses to offer a fair settlement or if you've incurred significant losses that aren't covered by the insurance policy, the case could be referred to trial. A jury or judge will decide the case on the basis of all the evidence. 3. Discovery Discovery is a crucial stage in any car accident lawsuit in which your attorney and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents to support your claim. This includes police reports medical bills, work loss documents from your employer (showing the length of time you've missed because of the accident), photos of your vehicle, any injuries or damages and other financial details. Your lawyer will also make use of written discovery tools, such as interrogatories or requests for production as well as request for admissions to question witnesses and other parties who are not part of the case. These tools for writing discovery are used to exchange information between attorneys on both sides. Written discovery tools allow the opposing side an opportunity to answer questions in writing, which must be answered under oath and to provide copies of other information that might 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 important to your case. During https://vimeo.com/709406081 , the lawyer for the person who is at fault will ask you a series of questions, and your responses will be recorded on video or transcribing by a court reporter. The goal of these pretrial investigation processes is to help your lawyer to present an argument that is persuasive and strong to the party at fault and their insurer in order that you can secure a fair and complete settlement for your losses, injuries and expenses. Although there is no assurance that all cases will settle but the majority settle during or after the discovery process, which can often be completed before your case reaches trial. 4. Trial While the vast majority of car accident cases settle through negotiations outside of court however, if you and your insurance company aren't in agreement on the cause or how much compensation you should receive for your injuries, your case could be heard in a trial. A trial is an official proceeding where both parties are required to present arguments and evidence before a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury. During the trial the lawyer will give your account of the events in your opening statements to the jury, and any supporting evidence you have, such as images or videos of the accident scene, witness testimony from witnesses and medical professionals, and documents such as police reports and medical bills. You can also testify about your memory of the incident, and how it affected your life. Expert witnesses can also testify to support your claims. The lawyer representing the defendant can cross-examine witnesses and object to the admissibility of evidence. At trial, the jury must decide whether the plaintiff's injuries were the result of the defendant's negligence. They will consider proximate cause an intricate legal concept that lawyers will spend many hours studying in law school. Proximate causes analyzes the degree of connection between the defendant's actions and the plaintiff’s injuries. A jury must also determine the amount of damages you're entitled to. It's also a complex matter because it is based on the severity of your injuries and the extent to which you have suffered. Your attorney will provide evidence including expert testimony about the severity of injuries as well as lost income and future earning potential, in addition to your pain and suffering as well as impairment. 5. Settlement Every state has a time limit that you must meet to settle your claim or bring an action. This is referred to as the statute of limitations. If your lawyer is unable to negotiate a settlement with your insurance company, you may be required to start a lawsuit in the courtroom. This could be a lengthy process and costly, however it is often required to seek compensation. During this process the Long Island personal injury lawyer will participate in discovery (a formal procedure in which each party exchanges information with the other side) and be present at hearings. Your lawyer will also prepare legal documents, also known as motions, which ask the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can be ongoing throughout the entire process, and a lot of car accident civil disputes end before a trial can be held. Insurance companies are more likely to make fair settlement offers if they believe that your claim for injury is solid and you'll be willing to take the case to trial. Settlements are faster and less risky than an in-court trial. It is crucial to be aware of your injuries prior to committing to the settlement. You should also have completed all medical treatments. You could lose out on additional compensation if settling a settlement until your doctor has determined that you have attained the maximum medical improvement. Don't sign a release until you've met with your lawyer and have an understanding of all losses. Your lawyer will make sure that you don't miss out on valuable compensation. They will review your medical records, and other documents, to ensure that you are entitled to all damages you are entitled to.