The First Steps in Car Accident Litigation If the insurance company refuses to pay the amount you require for your injuries, our tenacious lawyers will draft a formal demand letter. This will include all of your financial losses like medical bills and lost wages, as well as non-economic damages, such as pain and suffering. Then a judge or jury will make a decision. If they rule in your favor they will award you damages and the defendant must pay them. 1. Gathering Evidence In a car accident lawsuit the proof of negligence and liability is crucial to get compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports, such as police reports, and other official reports. Your lawyer may be able to determine what happened in the incident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Also, note the names and contact numbers of any eyewitnesses who saw what occurred. It is crucial that witnesses corroborate the events that were actually happening, as it may often happen that drivers offer contradictory statements that result in insurance companies refusing or denying liability. Other evidence forms your lawyer could utilize include medical records, which can include receipts, bills diagnose reports, lab results, discharge instructions, and other documents that show the extent of your injuries. You should seek these documents as soon as is possible and be sure to provide copies to your healthcare providers. A deposition is another form of evidence your lawyer can use. It's an out-of court statement made under oath, which is then translated by a court reporter. Your lawyer could use the testimony to prove that your injuries have an immediate and predicable connection to the accident, which helps justify requesting compensation for your damages. While the majority of these kinds of evidence can be collected at the scene of the accident or shortly afterward but some of the evidence might not be accessible until later in the litigation process. It's important to contact a car accident lawyer with the appropriate credentials as soon as you can to begin an inquiry when the evidence is in its most natural form. 2. The process of filing a complaint After the dust has cleared and you've taken care of your injuries, it's best to seek legal guidance from an expert. A car accident attorney can provide the necessary expertise to ensure you receive the maximum compensation for your claim. The first step is to file a complaint with the court. The complaint will detail your specific claims as well as the amount you want to recover in damages. The document is usually written by an attorney and then filed in the court. It will also be given to the defendant. The discovery phase begins, allowing both parties to share information about their claims and defenses. The process can take a considerable duration and both teams will need to review a lot of documents like police reports and witness statements. They might also have to examine medical documents and bills as well as other documents. Each side can ask for interrogatories, which are a series of questions that the other party must answer under oath by a predetermined timeframe. During this stage, you lawyer will also work closely with medical professionals to obtain an accurate picture of your injuries as well as the impact that they've had on your life. Your attorney will then calculate your total damages, which will include the future and past medical expenses loss of earnings, suffering and pain and much more. Sometimes, your lawyer may be able to reach an agreement with the responsible driver's insurance company. This is more likely to happen following discovery, but before trial. However, if the insurance company is unable to negotiate a fair settlement or if you've suffered significant damages that are not covered by the insurance policy, your case may go to trial. A judge or jury will decide on the case based on the evidence presented. 3. Discovery Discovery is an important phase in any car accident case. This is where your attorney and negligent insurer of the driver exchange information that could help or undermine your claim. Your attorney will request copies of the documents that support your case, such as police reports, medical bills, work loss records (e.g. documents from your employer showing the amount of time you were absent from work because of the accident) photographs of your vehicle, any injuries or damages or other pertinent financial information. Your attorney will also use written discovery tools like interrogatories or requests for production as well as requests for admissions to question witnesses and other parties that are not in the case. These documents are exchanged between attorneys on both sides. The tools for writing discovery give the opposing side an opportunity to answer questions in writing that must be sworn to under oath, and to provide copies or other information that could be useful to you. Your Long Island car accident attorney will also interview witnesses and anyone who has information regarding your injuries or damages that could be essential to your case. During a deposition the lawyer representing the party at fault will ask you questions, and your answers will be recorded on video by a court reporter or transcribing. These pretrial investigation processes are designed to help your lawyer build a compelling argument against the person at fault and their insurer to get an equitable settlement for all of your damages and losses, costs and expenses. There is no assurance of a settlement in each case, but the majority of them will settle during or following the investigation process, which is usually completed before the trial. 4. Trial Trials can be arranged in situations when you and the insurance company do not agree on the source of your fault or the amount you are entitled to for your injuries. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder, who makes a decision that resolves the dispute. In personal injury cases, the factfinder is usually a jury. Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the accident scene as well as testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also testify regarding your memory of the incident, and how it impacted your life. Expert witnesses can also testify to back your assertions. The lawyer of the defendant may interrogate witnesses and object to the admissibility of certain evidence. In a trial, the jury must decide if the plaintiff's injuries were the result of the defendant's negligence. They will examine proximate cause which is a complex legal concept that lawyers spend countless hours studying during 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 are entitled to. It is also a complicated issue because it depends on the degree of your injuries and the extent to which you've suffered. Your lawyer will present evidence that includes expert testimony about the severity of your injuries as well as lost income and future earnings potential, as also your suffering and impairment. 5. Settlement Each state sets a legal deadline, known as the statute of limitations that you must meet to settle your claim or start a lawsuit. If your lawyer is not able to negotiate a settlement with your insurer, you might have to file a lawsuit in court. It's costly and time-consuming. However, it is often necessary to get compensation. During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where each side exchanges information with one another). Your lawyer will also file legal documents referred to as motions asking the court for certain things, such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue during this process. A lot of civil disputes are resolved before trial is required. Insurance companies are more likely to offer fair settlement offers if they believe that your claim for injury is solid and you'll be willing to go to trial. The settlement process is also more efficient and less risky than the court trial. Before agreeing to an agreement, it is important that you fully understand the severity of your injuries and that you have completed all medical treatment. You could lose out on additional compensation if settling a settlement until your doctor has confirmed that you have achieved the maximum medical improvement. You should also not sign a contract before you have spoken with your lawyer about your injuries. Your lawyer will make sure that you don't lose out on a significant amount of compensation. They will carefully examine your medical records and other evidence to make sure that you receive the full amount of damages for which you are entitled.