The First Steps in Car Accident Litigation Our firm of tenacious lawyers will draft a formal letter of demand if the insurance company is unable to pay the amount you require for your injuries This will list all the economic losses you have suffered including medical expenses and lost wages, as well as other damages that are not economic, like pain and suffering Then a jury or judge will make a decision 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 lawsuit involving an accident in a car the proof of negligence is essential to receive compensation for your injuries Gathering evidence is among the first steps in the litigation process it involves gathering evidence, documents such as photographs, witness testimony and official reports, such as police reports Photographs of the scene of the accident could assist your attorney in determining what actually transpired during the collision, including the location of both vehicles after impact, skid marks road debris and other physical evidence Record the names and contact information of any eyewitnesses that witnessed what transpired Witnesses that testify to support your account of the events is essential especially as it can be common for drivers to have conflicting reports of what happened, which leads to insurance companies refusing to accept the claim, or even deny any responsibility at all Other evidence that your lawyer could use include medical records These could include bills, receipts and diagnosis reports, laboratory results, discharge instructions and other evidence that proves the severity of your injuries You should obtain these documents as soon as is possible and be sure to give copies to your healthcare providers A deposition is a different type of evidence that your attorney could use It's an out-of court statement made under oath, and then translated by a court reporter The lawyer can use the testimony to establish that your injuries have had an immediate and predicable connection to the crash, which helps justify requesting compensation for your losses The majority of the evidence listed above is available at the site of the crash or shortly after however, some might not be available until much later in the litigation This is why it's crucial to consult a highly-credentialed car accident lawyer as quickly 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 treated your injuries, it's the time to seek out legal counsel from an expert A lawyer from a car accident can give you the experience to maximize your compensation The first step is to file a complaint with the court, describing the specific claims you're making and the amount of money you're seeking in damages This form is usually prepared by an attorney and then filed in court It is also served to the defendant The discovery phase starts by allowing both parties to share information regarding their defenses and claims The process can take a long time and both teams will have to look over a variety of documents including police reports and witness statements They might also have to examine medical records or bills, as well as other documents Each side can request interrogatories https//vimeocom/709744860 are a series of questions that the other side must answer under oath within the timeframe specified In this phase, your lawyer will also collaborate with doctors to gather an accurate picture of your injuries and the impact they've affected your life Your attorney will calculate the total damages you have suffered including future and past medical expenses and lost earnings, as well as suffering and pain and much more Sometimes, your lawyer may be able to negotiate an agreement with the at fault driver's insurance company This is likely to occur following the conclusion of discovery and before trial However, if the insurance company is unable to settle the claim in a fair manner or if you've suffered substantial damages that aren't covered by the insurance policy, your case may move forward to trial A judge or jury will make a decision in the case based on all of the evidence presented 3 Discovery Discovery is an important phase in any car accident case This is the time when your attorney and negligent insurance company of the driver exchange information that could support or damage your claim Your attorney will request documents that can support your case, including police reports, medical bills, work loss records eg the records from your employer which reveals the amount of time you were absent from work because of the accident, photographs of your vehicle, any damages or injuries, and other relevant financial information Your attorney will also use written discovery tools such as interrogatories or requests for production as well as request for admissions to question witnesses and parties who aren't present in the case These tools for writing discovery are exchanged between attorneys on both sides They give the opposing side an opportunity to reply to questions in writing, that must be sworn to under oath, and to provide copies of specific documents or other information which could be beneficial to your case Your Long Island car accident attorney will also depose witnesses and any other person with information about your injuries or damages that could be crucial to your case During a deposition the lawyer of the at-fault person will ask you questions and your responses will be recorded on video by a court reporter or transcribing The purpose of these pre-trial investigation procedures is to help your lawyer to present an effective and convincing argument to the responsible party and their insurance company so that you can get an equitable and fair settlement for your injuries, losses and expenses There is no assurance of a settlement in every case, but the majority of cases occur during or after the investigation process, which is often completed before the trial 4 Trial Trials are a possibility in situations when you and the insurance company disagree regarding the fault of the other party or the amount you are entitled to for your injuries A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder who makes a decision that settles the issue In personal injury cases the factfinder usually a jury During the trial the lawyer will provide your version of the events in your opening statements to the jury, as well as any other evidence that you have, like photographs or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, and documents such as police reports and medical bills You may also testify on your memories of the incident, and how it affected your life Expert witnesses will also provide evidence to back up your assertions The attorney for the defendant can cross-examine witnesses and challenge the admissibility of certain evidence At trial, jurors must decide if the plaintiff's injuries were the result of the negligence of the defendant They will be examining proximate causes which is a complex legal concept that lawyers spend countless hours studying in law school Proximate causes focuses on the degree of connection 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 thorny issue due to how severe your injuries are and the severity of your losses Your attorney will provide evidence that includes expert testimony regarding the severity of your injuries loss of income, future earning potential, in addition to the extent of your suffering and impairment 5 Settlement Each state has a specific deadline that you must meet to resolve your claim or file a lawsuit This is known as the statutes of limitations If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, then you might require filing a car accident lawsuit in the court This can be time consuming and costly, however it is often required to seek compensation During the discovery process, your Long Island personal injuries lawyer will attend hearings and take part in discovery a formal process where each side exchanges information with one another Your lawyer will also make legal filings, also known as motions, requesting the court to do things like excluding certain kinds of evidence from trial Settlement negotiations can be ongoing throughout the process, and most civil disputes arising from car accidents end before a trial can be held If they believe your injury claim is solid and that you are willing to go to trial the insurance company will offer an honest settlement offer Settlements are more efficient and less risky than the court trial Before settling on a settlement, it is essential to be aware of the extent of your injuries and that you have completed all medical treatments You could be denied additional compensation if you sign the settlement before your doctor has determined that you have reached the maximum medical improvement You should also not sign a release until you have spoken to your lawyer regarding your damages Your lawyer will ensure that you don't lose out on the valuable compensation They will carefully examine your medical records as well as other documents to ensure that you receive the full amount of damages to which you are eligible