The First Steps in Car Accident Litigation
If the insurance company refuses to pay you the amount you need for your injuries, our persistent lawyers will draft an official demand letter. This will list all your financial damages, such as medical bills and lost wages, as well as non-economic damages, like pain and suffering.
Then, a judge or jury will then make a decision. If they make a decision in your favor, you will be awarded damages and the defendant will be required to pay them.
1. Gathering Evidence
In a lawsuit involving an accident in a car, proving negligence is crucial to receiving compensation for your injuries. Gathering evidence is one of the first steps of the process of litigation, and it requires gathering documents witnesses' testimony, photographs as well as official reports like police reports.
Your attorney might be able to determine the circumstances of the
accident law firms by taking photos of the scene, which include skid marks and road debris as well as other physical evidence. Record the names and contact numbers of any witnesses who saw what transpired. Witnesses who testify that confirm your account of the events is essential particularly since it can be common for drivers to have conflicting versions of what transpired, which can lead to insurance companies refusing to accept the claim or deny the responsibility completely.
Other evidence forms your lawyer could use include medical records, which may include bills, receipts, diagnosis reports, lab results, discharge instructions, and other documentation that demonstrate the extent of your injuries. You should get these records as quickly as you can and send copies to your medical professionals.
Another form of evidence that your attorney could make use of is a deposition which is an out-of court testimony delivered under oath, and then transcribed by a court reporter. Your lawyer may make use of this testimony to prove your injuries had a direct, foreseeable link to the accident. This is a good argument to support seeking compensation. While the majority of these kinds of evidence can be gathered at the accident scene or within a short time after, some of it might not be accessible until later in the litigation process. This is the reason it's essential to talk to a reputable lawyer for car
accidents as soon as possible, so that they can begin investigating while vital evidence is still in its purest form.
2. Making a Complaint
After the dust has settled and you've taken care of your injuries, you should seek legal guidance from an expert. An attorney for car accidents will provide the knowledge and expertise to help you get the most compensation for your claim.
The first step is to file a complaint with court, which lists the specific claims you're making and the amount of money you're seeking in damages. This document is typically drafted by your lawyer and filed with the court, and then served to the defendant.
It also kicks off the discovery phase which allows both sides to exchange information and documents related to their defenses and claims. The process can be long and requires both parties to examine a variety of documents, including police reports, witness statements medical records, invoices and much more. Each side can request interrogatories. They are a set of questions which the other side has to answer under oath within the timeframe specified.
During this stage, you lawyer will also collaborate with doctors to get the full picture of your injuries and the impact they've had on your life. Your attorney will then calculate your total damages, which will include the past and future medical costs and lost earnings, as well as suffering and pain and much more.
Sometimes, your lawyer could be able to negotiate an agreement with the responsible driver's insurance company. This is most likely to take place after the completion of discovery and prior to trial. If the insurance company is unable to provide a fair settlement or if you have incurred significant losses that aren't covered by the insurance policy, the case could go to trial. A judge or jury will decide the case based on the weight of all evidence.
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 help or derail your claim. Your attorney will ask for copies of documents that support your case. This includes police reports, medical bills and work loss records from your employer (showing the amount of time you were absent due to the
accident lawsuit), photos of your vehicle as well as any injuries or damages, and other financial information. Your attorney may also employ written discovery tools, such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and parties who are not in the case.
These written discovery tools are exchanged between attorneys on both sides. The written discovery tools provide the opposing side a chance to respond to questions in writing that need to be answered under oath and to provide copies or other information that may be helpful to you.
Your Long Island car accident attorney will also depose witnesses as well as anyone who has information about your injuries or damages which could be essential to your case. During a deposition, your lawyer representing the party at fault will ask you questions and your responses are recorded on video by an official court reporter or recorded.
The purpose of these pretrial investigation processes is to help your lawyer to create a strong and compelling case to the at-fault party and their insurance company so that you are able to secure a fair and complete settlement for your injuries, losses and expenses. There is no assurance of a settlement in every case but most will settle during or following the investigation process, which usually completed before the trial.
4. Trial
The majority of car accidents are resolved through informal negotiations however, if you and your insurance company are not in agreement about who is to blame or how much compensation you should receive for your injuries, the case may go to trial. A trial is a formal process where both parties are required to present their arguments and evidence to a factfinder who will make a decision to resolve the dispute. In personal injury cases the factfinder usually a jury.
Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it like photos or videos of the accident scene witness testimony, statements from witnesses and medical professionals, and documents such as police reports and bills. You may also offer your testimony regarding your recollection of the incident and how it affected your life. Expert witnesses can also provide testimony to support your assertions. The defendant's lawyer can interrogate witnesses and object to the admissibility or validity of certain evidence.
The jury will determine at trial if the plaintiff's injury was the result of the defendant's reckless behavior. They will look at the proximate causes, which is a complicated legal concept that law school students spend hours studying. Proximate causes focuses on 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. This is another 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 loss of income, future earning potential, in addition to your pain and suffering as well as impairment.
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