The First Steps in Car Accident Litigation Our hard-working lawyers will draft an official demand letter in the event that the insurance company refuses to pay the amount you need for your injuries. This letter will provide a detailed description of your financial losses such as medical expenses and lost wages as and non-economic losses like discomfort and pain. Then a jury or judge will then make a decision. If they rule in your favor, they will make you a victim and the defendant must pay them. 1. Gathering Evidence In a lawsuit that involves a car accident the proof of negligence is essential in obtaining compensation for your injuries. The first step in the litigation process is to gather 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 transpired during the collision, including the positions of both cars following the impact, skid marks road debris and other physical evidence. Note down the names and contact details of any witnesses who witnessed the events. Witnesses who testify to corroborate your account of the events is essential especially as it can be common for drivers to give contradicting accounts of what happened that can lead to insurance companies refusing to accept the claim, or even deny any responsibility at all. Other types of evidence your lawyer might use include medical records, which could include bills, receipts diagnose reports, lab results, discharge instructions and other documentation that demonstrate the extent of your injuries. You should get these documents as soon as is possible and be sure to give copies to your medical professionals. A deposition is another form of evidence your lawyer can make use of. It is a non-in court testimony given under oath and later transcribed by a Court Reporter. Your lawyer can make use of this testimony to prove your injuries had a clear, identifiable connection to the accident. This helps to justify requesting compensation. While the majority of the above kinds of evidence can be gathered at the accident scene or shortly thereafter but some of the evidence might not be available until later in the litigation process. This is why it's crucial to consult a highly-credentialed lawyer for car accidents as soon as you can so that they can begin investigating when the evidence is in its most pure form. 2. Filing a Complaint When the dust has cleared and you've taken care of your injuries, it's the time to seek out legal counsel from an expert. A lawyer from a car accident can provide you with the expertise to maximize your compensation. The first step is filing an application with the court. This will outline your specific claims and the amount you'd like to claim in damages. This document is typically drafted by your attorney, and then filed with the court and served on the defendant. The discovery phase begins with both parties able to share information about their claims and defenses. The process can take a considerable time and both teams may need to review a lot of documents including police reports and witness statements. They may also have to review medical records or bills, as well as other documents. Each side can request interrogatories. They are a set of questions which the other side has to answer under oath within a specified time frame. During this stage, you lawyer will also collaborate with medical professionals to obtain a full picture of your injuries and the impact they've had on your life. Your attorney will calculate your total damages. This will include any future medical expenses as well as lost wages, pain and suffering and more. Sometimes, your lawyer could be able to reach an agreement with the at fault driver's insurance company. This is more likely following discovery, but before trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've suffered significant losses that aren't covered by the insurance policy, the case may move forward to trial. A judge or jury will make a final decision in the case based upon all of the evidence presented. 3. Discovery Discovery is a crucial stage in any lawsuit involving a car accident in which your attorney and the negligent driver's insurance company exchange information that could help or hurt your claim. Your attorney will ask for copies of the documents supporting your case, such as medical bills, police reports, work loss records (e.g. the records from your employer indicating the amount of time you were absent from work because of the accident) photos of your vehicle and any injuries or damages and other financial information. https://vimeo.com/709523043 will also make use of written discovery tools like interrogatories or requests for production as well as requests for admissions to interview witnesses and other parties that are not part of the case. These documents are exchanged between attorneys from both sides. They give the opposing side an opportunity to reply to questions in writing, which have to be answered under oath and to provide copies of certain documents and other information that could be useful to your case. Your Long Island car accident lawyer will also be able to depose witnesses to the accident and also any person who has information about your injuries or damage that could be crucial to your case. In a deposition, the lawyer for the person who is at fault will ask you an array of questions and your responses will be recorded on video, or transcribed by a court reporter. The pretrial investigation process is designed to help your lawyer develop a convincing case against the responsible party and their insurer to obtain a fair settlement for all your losses, injuries as well as losses, expenses and costs. Although there is no guarantee that every case will settle, the majority do in the course of or following the discovery process, which may be completed before your case is brought to trial. 4. Trial The majority of car accidents are settled through informal negotiations however, if you and your insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, the case may be heard in a trial. A trial is a formal proceeding where both sides present arguments and evidence to a factfinder who issues a decision that resolves the dispute. In personal injury cases the factfinder will usually be a jury. During the trial your lawyer will be able to give your account of the events in your opening statements to the jury, along with any supporting evidence that you have, like pictures or videos of accident scene, testimony from bystanders and medical professionals, and documents such as police reports and medical bills. You can also give your testimony about your memories of the incident and how it has affected your life. Expert witnesses can also give evidence to support your assertions. The defendant's attorney can interrogate witnesses and contest the admissibility of certain evidence. The jury will determine at trial if the plaintiff's injury was caused by the defendant's negligent behavior. They will consider proximate cause, a complicated legal concept that lawyers spend many hours studying in law school. Proximate cause considers the relationship between the defendant's actions and the plaintiff's injuries. A jury is also required to determine the amount of damages you're entitled to. This is a complicated issue, as it depends on the severity of your injuries and the extent of your losses. Your attorney will provide evidence including expert testimony about the severity of your injuries, lost income and future earning potential, as well your suffering and impairment. 5. Settlement Every state has a legal deadline, referred to as the statute of limitations, by which you must settle your claim or start a lawsuit. If your lawyer can't negotiate a settlement with the insurer, you might have to file a lawsuit in court. It can be costly and time-consuming. However, it is often necessary to get compensation. During this procedure, your Long Island personal injury lawyer will participate in discovery (a formal process in which each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents, known as motions, requesting the court to take actions like exclude certain types of evidence from trial. Settlement negotiations may continue throughout the process, and a lot of civil disputes arising out of car accidents will end before a trial needs to be held. If they believe that your injury claim is solid and that you are willing to go to trial, insurance companies will make an honest settlement offer. Additionally, settlement is quicker and less risky for them than a trial. Before settling an agreement, it's essential to be aware of the extent of your injuries and that you have completed all medical treatments. If you accept a settlement before your doctor determines that you have reached maximum medical improvement (MMI) then you could miss out on additional compensation. Also, you should not sign a release until you've spoken with your lawyer and have a complete understanding of your damages. Your lawyer will make sure that you don't miss out on a substantial amount of compensation. They will look over your medical records as well as other documentation to ensure that you are entitled to all the damages you are entitled to.