The First Steps in Car Accident Litigation Our hard-working lawyers will draft a formal letter of demand if the insurance company refuses to pay the amount you require for your injuries This will include all of your financial losses like medical bills and lost wages, and non-economic damages, such as suffering and pain Then a judge or jury will take a call If they rule in your favor they will make you a victim and the defendant is required to pay them 1 Gathering Evidence In a lawsuit involving a car accident, proving negligence and liability is key to obtaining compensation for your losses and injuries The first step in the litigation process is to gather evidence This includes documents, photos, witness testimony, official reports including police reports and other official reports Photographs of the scene of the accident may aid your lawyer in determining what actually transpired during the crash, including the position of both cars after collision, skid marks, road debris and other evidence that is physical Also, take note of the names and phone numbers of any witnesses who were present at what occurred Having witnesses testify that corroborate your account of what transpired is vital, especially since it can be common for drivers to have contradictory reports of what happened, which can lead to insurance companies refusing to accept the claim, or even deny any responsibility at all Other forms of evidence your lawyer might use include medical records, which could include receipts, bills diagnostic reports, lab results, discharge instructions and other documents that show the extent of your injuries You should obtain these documents as soon as is possible and give copies to your healthcare professionals Depositions are another form of evidence that your attorney can utilize It is an out-of court testimony under oath It is then transcribing by a Court Reporter Your lawyer could make use of the testimony to prove that your injuries have a direct and foreseeable connection to the crash which can help justify compensation for your injuries Although the majority of the above types of evidence are obtained at the scene or soon afterward but some of the evidence might not be available until later in the litigation process This is the reason it's essential to contact a reputable car accident lawyer as soon as you can, so they can begin investigating as evidence is in its purest form 2 Filing a complaint Once the dust has settled and you've taken care of your injuries, it's the time to seek expert legal advice A lawyer for car accidents can provide the necessary expertise to help you obtain maximum compensation for your claim The first step is filing an application with the court This document will outline your specific claims as well as the amount of money you wish to recover in damages This form is usually prepared by an attorney and filed in court It is also served on the defendant It also kicks off the discovery phase, which allows both sides to exchange information and evidence that is related to their claims and defenses The process can take a long time and requires both parties to examine a variety of documents, including police reports as well as witness statements and medical records, as well as bills and more Both sides can request interrogatories These are a set of questions which the other side must answer under oath within an agreed upon timeframe During this stage, you lawyer will also work closely with your doctor to get a full picture of your injuries as well as the impact they've affected your life Your attorney will calculate your total damages that will include the 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 It is likely to take place after the completion of the discovery process and prior to trial If the insurance company is unable to settle the claim in a fair manner or if you've sustained significant damages that are not covered by the insurance policy, the case could 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 attorney and the negligent driver's insurance company exchange information that could aid or hinder your claim Your attorney will ask for copies of documents to prove your case These documents include police reports medical bills, work loss records from your employer showing how much time you've missed because of the accident photographs of your vehicle damaged or injured and other financial details Your lawyer will also make use of written discovery tools, such as interrogatories, requests for production and request for admissions to question witnesses and other parties that aren't present in the case These written discovery tools are used to exchange information between attorneys on both sides The tools for writing discovery give the opposing party a chance to answer questions in writing that must be answered under oath They also ask you 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 any other person with information about the damages or injuries you sustained that could be important to your case During a deposition, the lawyer representing the person at fault will ask you questions, and your answers could be recorded on video by the court reporter or translated These pretrial investigation processes are designed to help your lawyer create a compelling argument against the person at fault and their insurer in order to get an equitable settlement for all your injuries, expenses and losses There is no guarantee of a settlement in every case however, the majority of cases will settle during or following the investigation process, which usually completed before the trial 4 Trial Trials are possible in cases where you and the insurance provider disagree on the source of your fault or the amount of compensation you are entitled to for your injuries A trial is a formal proceeding in which both sides argue and present evidence to a factfinder who makes an decision on how to resolve the dispute In personal injury cases the factfinder is typically a jury During the trial your lawyer will provide your version of the events in your opening statements to the jury and any supporting evidence you may have, such as photos or video of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills You can also offer testimony regarding your memories of the incident and how it has impacted your life Expert witnesses can also provide testimony to support your claims The defendant's attorney can cross-examine witnesses and object to the admissibility of certain evidence In a trial, the jury must decide whether the plaintiff's injuries were caused by the defendant's negligence They will look at the proximate causes, which is a complicated legal concept that law school students spend hours studying Proximate cause considers how close the connection is between the defendant's actions and the plaintiff's injuries A jury is also required to determine the amount of damages you are entitled to It's a difficult issue due to the extent of your injuries and the degree to which you've suffered Your lawyer will present evidence, including expert witness testimony about the severity of your injuries, the loss of income and future earnings potential and your suffering and pain as well as impairment, disfigurement and 5 Settlement Each state has a specific legal deadline, commonly referred to as the statute of limitations in which you must settle your claim or start a lawsuit If https//vimeocom/709508714 can't reach a settlement with the insurer, you may have to make a court filing This could be a lengthy process and expensive, but it is often necessary to pursue compensation During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery a procedure that is formal in which 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 types of evidence at trial Settlement negotiations can be ongoing throughout the process, and a majority of civil disputes in car accidents settle before a trial has to be held Insurance companies are more likely to make fair settlement offers if they believe your injury claim is legitimate and that you are willing to take the case to trial Additionally the settlement process is more efficient and less risky than a trial It is essential to be aware of your injuries prior to committing to an agreement You should also have completed all medical treatments It is possible to lose additional compensation if you agree to an offer of settlement until your doctor has concluded that you have reached the maximum medical improvement It is also important not to sign a release before you have spoken to your lawyer about the damages Your attorney will ensure that you do not get a poor deal on compensation They will carefully examine your medical records as well as other documents to make sure that you receive the total amount of damages for which you are eligible