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The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you need to cover your injuries, our determined attorneys will prepare an official demand letter. This will include all of your economic damages such as medical bills and lost wages, as well as non-economic damages like pain and suffering.

A judge or jury will then make a ruling. If they decide in your favor they will give you damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving an accident in a car, proving negligence is vital to receive compensation for your injuries. Collecting evidence is one the first steps in the litigation process, and it involves collecting documents such as photographs, witness testimony and official reports like police reports.

Photographs of the scene of the accident can aid your lawyer in determining what actually transpired during the collision, including the positions of both cars following the collision, skid marks, road debris and other physical evidence. Also, keep track of the names and phone numbers of any witnesses who witnessed what occurred. It is crucial that witnesses corroborate the events that occurred, as it can often happen that drivers offer contradictory accounts that lead to insurance companies refusing or denying liability.

Other evidence forms your lawyer could use include medical records. These could include bills, receipts, diagnosis reports, lab results, discharge instructions and other evidence that demonstrates the extent of your injuries. You should obtain these documents as soon as is possible, and make sure to send copies to your medical professionals.

A deposition is a different type of evidence your lawyer can employ. It's an out-of court testimony under oath, and then translated by a court reporter. The lawyer can make use of the testimony to prove that your injuries had an immediate and predicable connection to the crash, which helps justify requesting compensation for your losses. Although the majority of the above types of evidence are obtained at the scene or soon afterward, some of it might not be accessible until later in the litigation process. This is why it's vital to speak with a well-credentialed car accident lawyer as quickly as you can, so they can begin an investigation as evidence is in its most pure 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 a professional. An attorney who has handled car accidents will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with the court, describing the specific claims you're bringing and how much money you are seeking in damages. The document is usually drafted by your attorney and filed with the court, and then served to the defendant.

This also begins the discovery phase which allows both parties to exchange information and evidence related to their defenses and claims. The process can be long and requires both parties to review many documents, including police reports as well as witness statements and medical records, as well as bills and more. Each side can ask for interrogatories, which are a set of questions that the other party must answer under oath within a specified time frame.


In this phase, your lawyer will also collaborate with your doctor to get a full picture of your injuries as well as the impact that they've caused on your life. Your attorney will calculate your total damages that include the past and future medical costs as well as lost earnings, suffering and pain, and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver at fault. This is more likely to happen following discovery, but before trial. However, if the insurance company refuses to negotiate a fair settlement or if you've sustained significant damages that are not covered by the insurance policy, the case could go to trial. A judge or jury will make a final decision in the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident the attorney representing you and the insurance company exchange information that may support or damage your claim. Your attorney will request documents that can support your case, such as medical bills, police reports, work loss records (e.g. an email from your employer which reveals the amount of time you were absent from work because of the accident), photographs of your vehicle as well as any damages or injuries or other pertinent financial information. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

These written discovery tools are shared between attorneys on both sides. Written discovery tools allow the opposing side an opportunity to answer questions in writing that need to be answered under oath. They also ask you to provide copies or other information which could be helpful to you.

Your Long Island car accident lawyer will also take depositions of witnesses to the accident and also anyone who has information about your injuries or damage that could be crucial to your case. During pomona accident lawsuit at-fault party's lawyer will ask you various questions, and your responses will be recorded on video, or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to assist your lawyer to present an argument that is persuasive and strong to the at-fault party and their insurer in order that you can receive an adequate and fair settlement for your injuries, losses and expenses. Although there is no guarantee that all cases settle, the majority do in the course of or following the discovery process, which can be completed prior to the time your case reaches trial.

4. Trial

The majority of car accidents settle through negotiations outside of court, if you and the insurance company do not agree on who is at fault or the amount of compensation you are entitled to for your injuries, your case could be heard in a trial. A trial is an official process where both parties are required to present arguments and evidence before a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.

During the trial, your lawyer will present your version of events in opening statements to the jury, along with any supporting evidence that you have, like images or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents like medical bills and police reports. You can also provide testimony regarding your recollection of the incident and how it changed your life. Expert witnesses can also offer testimony to support your assertions. The lawyer for the defendant can interrogate witnesses and object to the admissibility of certain evidence.

At trial, the jury has to decide whether the plaintiff's injuries were the result of the defendant's negligence. They will be examining proximate causes an intricate legal concept that lawyers spend countless hours studying in 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're entitled to. It's also a complex issue because it is contingent on the severity of your injuries as well as the extent to which you have suffered. Your lawyer will present evidence including expert witness testimony regarding the severity of your injuries, the loss of income, as well as future earnings potential and your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state establishes a legal deadline, known as the statute of limitations in which you must settle your claim or file a lawsuit. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you could have to file a car accident lawsuit in court. It's costly and time-consuming, however it is often required to seek compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and attend hearings. Your lawyer will also make legal filings, also known as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations may continue throughout this process. A lot of civil disputes are resolved prior to a trial.

If they feel that your injury claim is solid and that you are willing to go to trial, insurance companies will make an appropriate settlement offer. Additionally the settlement process is faster and less risky than a trial.

It is crucial to understand the extent of your injuries prior to agreeing to a settlement. It is also important to have completed all medical treatment. It is possible to lose additional compensation if you agree to a settlement until your doctor has confirmed that you have achieved the level of medical improvement that is the highest. You should also not sign a release until you have spoken with your lawyer and had an accurate understanding of your damages. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will review your medical records, and other documentation, to ensure that you are entitled to all the damages that you are entitled to.

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