The First Steps in Car Accident Litigation
If the insurance company is refusing to provide the amount you need for your injuries, our hard-working attorneys will prepare a formal demand letter. It will detail all your economic damages like medical bills and lost wages, and other damages that are not economic, like suffering and pain.
A judge or jury will then make a decision. If they rule in your favor, they will be able to award you damages, and the defendant has to pay them.
1. Gathering Evidence
In a car accident lawsuit, proving liability and negligence is the most important aspect to obtain compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports, like police reports, and other official reports.
Your lawyer might be able to determine what happened during the accident by taking pictures of the scene, including skid marks road debris, skid marks and other physical evidence. Also, take note of the names and phone numbers of any eyewitnesses who saw what transpired. Having witnesses testify that corroborate your account of the events is essential as it could be common for drivers to have conflicting reports of what happened, which causes insurance companies to refuse to accept the claim or denying any responsibility at all.
Other forms of evidence your lawyer could use include medical records, which may include receipts, bills diagnostic reports, lab results, discharge guidelines, and other evidence that proves the severity of your injuries. You should obtain these records as soon as you can and provide copies to your healthcare professionals.
A deposition is yet another type of evidence that your attorney might make use of. It is a non-in court testimony given under oath, which is then recorded by a Court Reporter. Your lawyer may utilize the testimony to prove that your injuries have an immediate and clear connection to the crash and, therefore,
accident attorney can justify the need for compensation for your losses. The majority of the evidence mentioned above can be obtained at the site of the crash or shortly after but some of it may not be available until much later in the legal process. This is why it's vital to contact a reputable car accident lawyer as soon as possible, so that they can begin an investigation when the evidence is in its most pure form.
2. Making a complaint
After the dust has settled and you've treated your injuries, it's time to seek out legal counsel from an expert. A car
accident attorney can provide the necessary expertise to help you get the most compensation for your claim.
The first step is filing a complaint with the court. This document will outline your specific claims and the amount you'd like to claim in damages. This document is typically drafted by your lawyer and filed with the court and then served on the defendant.
The discovery phase begins with both parties able to share information regarding their claims and defenses. The process can take a considerable time, and both teams will have to look over a variety of documents including police reports and witness statements. They may also have to examine medical records and bills as well as other documents. Each side is able to request interrogatories. These are a series of questions which the other side has to answer under oath in a specified time frame.
During this stage, you lawyer will also collaborate with medical professionals to obtain an accurate picture of your injuries as well as the impact that they've caused on your life. Your lawyer will calculate the total damages. This will include future and past medical expenses including lost wages, suffering and pain, and much more.
Sometimes, your lawyer might be able to reach an agreement with the at-fault driver's insurance company. This is likely to occur after the completion of discovery and before trial. If the insurance company refuses a fair settlement or if the damages are significant and not covered by insurance, you may be required to go to trial. A jury or judge will decide the case based on the weight of all evidence.
3. Discovery
Discovery is a crucial phase in any car accident lawsuit where your lawyer and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will request documents that can support your case, such as police reports, medical bills and work loss records (e.g. an email from your employer that outlines how much time you missed work because of the
accident law firms) photographs of your vehicle, any damage or injuries, and other relevant financial information. Your attorney will also use written discovery tools such as interrogatories, requests for production and requests for admissions to interview witnesses and parties who are not in the case.
These tools for writing discovery are used to exchange information between attorneys on both sides. The written discovery tools provide the other side an opportunity to respond to questions in writing, which must be answered under oath and to provide copies or other information that could be helpful to you.
Your Long Island car accident attorney will also depose witnesses as well as anyone with information about the damages or injuries you sustained that could be important to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your answers will either be recorded on video by a court reporter or transcribed.
The pretrial investigation process is designed to help your lawyer create a compelling argument against the person at fault and their insurance company in order to get a fair settlement for all your injuries or losses, as well as expenses. Although there is no assurance that all cases will settle however, the majority of cases settle in the course of or following the discovery process, which is often be completed before the case goes to trial.
4. Trial
Trials are possible in cases where you and the insurance company do not agree about who is at fault or the amount you should receive for your injuries. A trial is an official proceeding in which both sides present their arguments and evidence to a factfinder who will make an announcement to settle the dispute. In personal injury cases the factfinder usually a jury.
Your lawyer will present to the jury your account of the events during the trial. This will include any supporting evidence like photos or videos of the accident scene witness testimony, statements from witnesses and medical professionals, as well as documents such police reports and bills. You can also testify about your personal memories of the incident, and how it affected your life. Expert witnesses are also able to testify in support of your claims. The defendant's lawyer can interrogate witnesses and object to the admissibility of evidence.
At trial, the jury has to decide whether the plaintiff's injuries were the result of the defendant's negligence. They will examine proximate cause which is a tangled legal concept that lawyers spend many hours studying during law school. Proximate cause considers the relationship 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 issue because it is contingent on the degree of your injuries and the amount to which you've suffered. Your attorney will present evidence that includes expert testimony regarding the severity of your injuries as well as lost income and future earning potential, as well as your suffering and impairment.
5. Settlement
Each state establishes a legal deadline, commonly referred to as the statute of limitations that you must meet to settle your claim or bring a lawsuit.