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 persistent lawyers will draft an official demand letter. The letter will list all of your financial damages such as medical expenses, lost wages as well as non-economic damages such as discomfort and pain.
Then the judge or jury will decide. If they decide in your favor, they will be able to award you damages, and the defendant must pay them.
1. Gathering Evidence
In a car accident lawsuit, proving the negligence and liability is key to obtaining compensation for your injuries and losses. The gathering of evidence is one of the initial steps in the litigation process, and it involves collecting documents, photographs, witness testimony, and official reports like police reports.
Photographs of the scene of the accident could help your attorney establish what actually happened in the crash, including the position of both vehicles after impact, skid marks road debris and other evidence that is physical. Also, keep track of the names and contact details of any witnesses who witnessed what transpired. It is important to have witnesses confirm the events were actually happening, as it may often happen that drivers offer contradictory statements that result in insurance companies denying or refusing the liability.
Other evidence that your lawyer may use include medical records, which can include bills, receipts and diagnosis reports, laboratory results, discharge instructions and other evidence that demonstrates the extent of your injuries. You should obtain these records as quickly as possible and provide copies to your healthcare providers.
A deposition is a different type of evidence that your attorney can utilize. This is an out-of the court testimony that is under oath, and then recorded by a Court Reporter. Your lawyer may make use of the testimony to prove that your injuries had an immediate and clear connection to the accident which can help justify compensation for your injuries. The majority of the evidence mentioned above is available at the scene of the accident or soon after, but some may not be available until later in the legal process. It's important to contact an attorney in the case of a car crash with the right credentials as soon as you can so that they can begin an investigation as evidence is in its most natural form.
2. Making a Complaint
After the dust has settled, and you've taken care of your injuries, it's best to seek legal advice from an expert. An attorney who has handled car accidents can provide the necessary expertise to help you obtain maximum compensation for your claim.
The first step is to file an application with the court. It will describe your specific claims as well as the amount you'd like to claim in damages. The document is usually written by an attorney, and filed in the court. It will also be served to the defendant.
This also initiates the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can take a long time and both teams may have to look over a variety of documents, including police reports and witness statements. They may also have to look at medical documents or bills, as well as other documents. Each side may request interrogatories, which are a set of questions the other party must answer under oath within a set timeframe.
Throughout this process, your lawyer will also collaborate with doctors to ensure that they have a complete understanding of the severity of your injuries as well as the impact they have affected your daily routine. Your lawyer will estimate your total damages. This will include any future medical expenses, lost wages, suffering and pain, and much more.
Your lawyer might be able to reach a settlement deal with the insurance company of the driver who is at the fault. This is more likely to occur after discovery and prior to trial. If the insurance company refuses a fair settlement, or if your losses are important and not covered by insurance, you may be required to go to trial. A jury or judge will make a decision on the case based on all of the evidence presented.
3. Discovery
Discovery is the most crucial step in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that could help or hurt your claim. Your attorney will request copies of the documents supporting your case, including police reports, medical bills, work loss records (e.g., from your employer indicating how much time you missed work because of the accident) photographs of your vehicle as well as any damages or injuries, and other relevant financial information. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and parties who are not present.
These documents are shared between attorneys on both sides. The written discovery tools give the opposing party a chance to respond to questions in writing, which must be answered under oath and to provide copies of other information that may be helpful to you.
Your Long Island car accident attorney will also depose witnesses and anyone who has information regarding your injuries or damages which could be crucial to your case. In a deposition, the lawyer for the person who is at fault will ask you several questions, and your answers will be recorded on video or translated by a court reporter.
The goal of these pretrial investigation processes is to help your lawyer to create a strong and compelling case to the party at fault and their insurer, so that you are able to secure an equitable and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case, but the majority of them do so during or after the investigation process, which is usually concluded prior to the trial.
4. Trial
The majority of car accidents are settled through informal negotiations however, if you and your insurance company are not in agreement about who is to blame or how much compensation you are entitled to for your injuries, the case may go to trial. A trial is an official process in which both parties present arguments and evidence before a factfinder who will make a decision to resolve the dispute. In personal injury cases, the factfinder is typically a jury.
During the trial the lawyer will present your version of events in your opening statements to the jury, as well as any other evidence you have, including images or videos of the accident scene, witness testimony from bystanders and medical professionals, and documents like police reports and medical bills. You may also offer your testimony regarding your memory of the incident and how it affected your life. Expert witnesses are also able to testify in support of your claims. The lawyer of the defendant may cross-examine witnesses and object to admissibility of some evidence.
At trial, the jury will determine if the plaintiff's injuries were the result of the defendant's negligence. They will examine the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate cause looks at 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 issue because it is contingent on the degree of your injuries and the degree to which you've suffered. Your lawyer will present evidence which includes expert witness testimony about the severity of your injuries, your lost income, and your future earnings potential and your pain and suffering disfigurement, impairment, and pain.
5. Settlement
Each state establishes a legal deadline, referred to as the statute of limitations that you must meet to settle your claim or make a claim. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you may require filing a car accident lawsuit in court. It is costly and time-consuming. However, it is often necessary to seek compensation.
During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a process formal where each side exchanges information with the other). Your attorney will also prepare legal documents, also known as motions, requesting the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing throughout this process, and a majority of civil disputes arising out of car accidents will end before a trial has to be held.
If they believe that your injury claim is solid and you are willing to go to trial the insurance company will offer an honest settlement offer. In addition the settlement process is quicker and less risky than a trial.
Before you agree to an agreement, it's essential to be aware of the severity of your injuries and have completed all medical treatment. You could be denied additional compensation if you sign an offer of settlement until your doctor has confirmed that you have achieved the maximum medical improvement. Also, you should not sign a release until you have met with your lawyer and have full understanding of your losses. Your lawyer will ensure that you don't lose out on a significant amount of compensation. They will scrutinize your medical records, and other documents, to ensure that you are entitled to all damages for which you qualify.
If the insurance company refuses to pay you the amount of money you need to cover your injuries, our persistent lawyers will draft an official demand letter. The letter will list all of your financial damages such as medical expenses, lost wages as well as non-economic damages such as discomfort and pain.
Then the judge or jury will decide. If they decide in your favor, they will be able to award you damages, and the defendant must pay them.
1. Gathering Evidence
In a car accident lawsuit, proving the negligence and liability is key to obtaining compensation for your injuries and losses. The gathering of evidence is one of the initial steps in the litigation process, and it involves collecting documents, photographs, witness testimony, and official reports like police reports.
Photographs of the scene of the accident could help your attorney establish what actually happened in the crash, including the position of both vehicles after impact, skid marks road debris and other evidence that is physical. Also, keep track of the names and contact details of any witnesses who witnessed what transpired. It is important to have witnesses confirm the events were actually happening, as it may often happen that drivers offer contradictory statements that result in insurance companies denying or refusing the liability.
Other evidence that your lawyer may use include medical records, which can include bills, receipts and diagnosis reports, laboratory results, discharge instructions and other evidence that demonstrates the extent of your injuries. You should obtain these records as quickly as possible and provide copies to your healthcare providers.
A deposition is a different type of evidence that your attorney can utilize. This is an out-of the court testimony that is under oath, and then recorded by a Court Reporter. Your lawyer may make use of the testimony to prove that your injuries had an immediate and clear connection to the accident which can help justify compensation for your injuries. The majority of the evidence mentioned above is available at the scene of the accident or soon after, but some may not be available until later in the legal process. It's important to contact an attorney in the case of a car crash with the right credentials as soon as you can so that they can begin an investigation as evidence is in its most natural form.
2. Making a Complaint
After the dust has settled, and you've taken care of your injuries, it's best to seek legal advice from an expert. An attorney who has handled car accidents can provide the necessary expertise to help you obtain maximum compensation for your claim.
The first step is to file an application with the court. It will describe your specific claims as well as the amount you'd like to claim in damages. The document is usually written by an attorney, and filed in the court. It will also be served to the defendant.
This also initiates the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can take a long time and both teams may have to look over a variety of documents, including police reports and witness statements. They may also have to look at medical documents or bills, as well as other documents. Each side may request interrogatories, which are a set of questions the other party must answer under oath within a set timeframe.
Throughout this process, your lawyer will also collaborate with doctors to ensure that they have a complete understanding of the severity of your injuries as well as the impact they have affected your daily routine. Your lawyer will estimate your total damages. This will include any future medical expenses, lost wages, suffering and pain, and much more.
Your lawyer might be able to reach a settlement deal with the insurance company of the driver who is at the fault. This is more likely to occur after discovery and prior to trial. If the insurance company refuses a fair settlement, or if your losses are important and not covered by insurance, you may be required to go to trial. A jury or judge will make a decision on the case based on all of the evidence presented.
3. Discovery
Discovery is the most crucial step in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that could help or hurt your claim. Your attorney will request copies of the documents supporting your case, including police reports, medical bills, work loss records (e.g., from your employer indicating how much time you missed work because of the accident) photographs of your vehicle as well as any damages or injuries, and other relevant financial information. Your attorney could also make use of tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and parties who are not present.
These documents are shared between attorneys on both sides. The written discovery tools give the opposing party a chance to respond to questions in writing, which must be answered under oath and to provide copies of other information that may be helpful to you.
Your Long Island car accident attorney will also depose witnesses and anyone who has information regarding your injuries or damages which could be crucial to your case. In a deposition, the lawyer for the person who is at fault will ask you several questions, and your answers will be recorded on video or translated by a court reporter.
The goal of these pretrial investigation processes is to help your lawyer to create a strong and compelling case to the party at fault and their insurer, so that you are able to secure an equitable and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case, but the majority of them do so during or after the investigation process, which is usually concluded prior to the trial.
4. Trial
The majority of car accidents are settled through informal negotiations however, if you and your insurance company are not in agreement about who is to blame or how much compensation you are entitled to for your injuries, the case may go to trial. A trial is an official process in which both parties present arguments and evidence before a factfinder who will make a decision to resolve the dispute. In personal injury cases, the factfinder is typically a jury.
During the trial the lawyer will present your version of events in your opening statements to the jury, as well as any other evidence you have, including images or videos of the accident scene, witness testimony from bystanders and medical professionals, and documents like police reports and medical bills. You may also offer your testimony regarding your memory of the incident and how it affected your life. Expert witnesses are also able to testify in support of your claims. The lawyer of the defendant may cross-examine witnesses and object to admissibility of some evidence.
At trial, the jury will determine if the plaintiff's injuries were the result of the defendant's negligence. They will examine the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate cause looks at 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 issue because it is contingent on the degree of your injuries and the degree to which you've suffered. Your lawyer will present evidence which includes expert witness testimony about the severity of your injuries, your lost income, and your future earnings potential and your pain and suffering disfigurement, impairment, and pain.
5. Settlement
Each state establishes a legal deadline, referred to as the statute of limitations that you must meet to settle your claim or make a claim. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you may require filing a car accident lawsuit in court. It is costly and time-consuming. However, it is often necessary to seek compensation.
During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a process formal where each side exchanges information with the other). Your attorney will also prepare legal documents, also known as motions, requesting the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing throughout this process, and a majority of civil disputes arising out of car accidents will end before a trial has to be held.
If they believe that your injury claim is solid and you are willing to go to trial the insurance company will offer an honest settlement offer. In addition the settlement process is quicker and less risky than a trial.
Before you agree to an agreement, it's essential to be aware of the severity of your injuries and have completed all medical treatment. You could be denied additional compensation if you sign an offer of settlement until your doctor has confirmed that you have achieved the maximum medical improvement. Also, you should not sign a release until you have met with your lawyer and have full understanding of your losses. Your lawyer will ensure that you don't lose out on a significant amount of compensation. They will scrutinize your medical records, and other documents, to ensure that you are entitled to all damages for which you qualify.