Been in a car accident? Your situation may lead you to file a legal claim to receive compensation for damages. The legal process can feel overwhelming but it’s understandable when you have injuries and vehicle repairs to manage along with emotional recovery from your accident.
Recent statistics show that around 2.3 million people sustain injuries from car accidents every year across the United States. The year 2021 saw 38,680 road accident deaths which represents a 7.2% rise compared to 2020 according to the latest statistics.
Legal action is being considered by many accident victims who require knowledge about their future legal journey. Though a trusted car accident lawyer in New York City will guide you through a complicated legal process, you can strengthen your position from the beginning by understanding the basics yourself.
This guide will demonstrate each part of the litigation process for car accident lawsuits starting with your first consultation and ending with resolution. I’ll show you how the entire process works so you can have a clear understanding of what to expect.
What You’ll Discover
- Initial Steps After an Accident
- Consultation and Attorney Selection
- Investigation and Evidence Collection
- The Demand Phase
- Filing the Lawsuit
- Discovery Process
- Negotiations and Settlement
- Trial Preparation and Proceedings
- Potential Outcomes and Compensation
Initial Steps After an Accident
You must take essential steps right after your accident before starting any litigation process.
Seek Medical Attention
Your health comes first. Some injuries can develop symptoms days or weeks after an accident even when you initially feel unharmed. Document all medical visits, treatments, and follow-ups.
Report the Accident
Call the police to complete an official accident report. Creating an official accident report generates an unbiased record of what happened that will support your legal case.
Document Everything
Photograph both vehicles involved in the accident along with the scene of the accident your injuries the state of the road and any traffic signals. Gather contact details from other drivers and witnesses as well as responding officers.
Notify Your Insurance Company
Inform your insurer about the accident while providing only factual information. Don’t admit fault or make speculative statements.
Avoid Early Settlement Offers
Insurance companies often make quick, lowball offers. Before agreeing to anything from an insurance company talk to an attorney first.
Consultation and Attorney Selection
Motor vehicle accidents make up 52% of personal injury cases in the United States. Because such a significant portion of legal practice focuses on these cases finding an appropriate attorney becomes essential.
What to Bring to Your Initial Consultation
Free initial consultations are provided by many attorneys who specialize in handling car accident cases. For your initial consultation prepare your police report, photos of the accident, medical records and bills along with your insurance information and witness contact details and any correspondence from insurance companies.
Questions to Ask a Potential Attorney
Find out about their experience with car accident cases along with their success rate and inquire who manages your case daily while understanding their fee structure and identifying potential challenges in your case.
Fee Structures
Car accident lawyers typically operate on contingency fee arrangements where their payment depends on winning your case. The standard lawyer fee usually falls between 25% and 40% of the settlement amount with 33% being the most frequent percentage.
Investigation and Evidence Collection
After you hire an attorney they will conduct an extensive examination into your case.
Medical Documentation
The attorney assigned to your case will gather thorough medical documentation to showcase the severity of your injuries along with necessary medical care and future prognosis while calculating the incurred medical costs.
Accident Reconstruction
When dealing with complex cases your attorney may employ an accident reconstruction expert to produce crash visuals and compute vehicle speeds while establishing the points of impact and determining contributing factors.
Witness Statements
Your attorney will conduct witness interviews and gather formal statements to judge the reliability of each witness.
Expert Witnesses
Your attorney will consult medical experts and economic loss specialists along with life care planners and occupational therapists as needed for your case.
Documentation of Damages
Your lawyer will assist you in documenting financial losses such as lost wages and diminished earning capacity along with property damage and both physical and emotional suffering beyond medical costs.
The Demand Phase
Your attorney will generally send a demand letter to the at-fault party’s insurance company before filing a lawsuit.
Components of a Demand Letter
The demand letter contains a summary of the accident, liability explanation, detailed injuries description, documentation of all damages, and the specific settlement amount requested.
Insurance Response
The insurance company typically responds to the demand by accepting it outright or rejecting it altogether and sometimes proposes a counteroffer.
Negotiation
Your attorney will hold negotiations with the insurance company to secure a just settlement. Motor vehicle personal injury cases have a median settlement value of $16,000 but actual amounts depend heavily on the unique details of each case.
Filing the Lawsuit
Your attorney will initiate legal proceedings by filing a lawsuit if demands and negotiations fail to result in a fair settlement. This formally begins the litigation process.
Complaint and Summons
Your lawyer submits a complaint that describes your case against the defendant along with the legal foundation for their liability together with the damages you want. The defendant obtains both the complaint document and a summons which requires their response.
Defendant’s Answer
The defendant has a standard period of 20-30 days to submit their formal answer to your legal complaint. The defendant has the option to affirm allegations, refute them, assert affirmative defenses or present counterclaims.
Discovery Process
The discovery phase represents the period during which both parties formally share information about the case. A trial occurs in only 3 to 4 percent of personal injury cases yet comprehensive discovery remains essential regardless of whether the case settles or reaches trial.
Interrogatories and Document Requests
The legal teams share written questions known as interrogatories along with requests for various documents including medical and employment records and photos.
Depositions
The discovery process includes formal interviews under oath with lawsuit parties, witnesses, medical providers, and expert witnesses.
Medical Examinations
You might be required to have an Independent Medical Examination (IME) by a doctor chosen by the defense to assess your injuries.
Negotiations and Settlement
The settlement negotiation process will continue as long as the discovery phase proceeds. Most personal injury claimants get compensated because about 70% reach settlements instead of going to trial.
Mediation and Settlement Conferences
Many courts require mediation before trial. Settlement discussions will be facilitated by either a neutral mediator or a judge.
Factors Affecting Settlement
The determination of settlement amounts relies on liability evidence together with the scope of injuries sustained and medical records while also depending on insurance policy limits and legal tendencies of the jurisdiction. In personal injury cases the median settlement amount received by plaintiffs does not exceed $24,000.
Trial Preparation and Proceedings
When the settlement talks fail to conclude your case it will move forward to trial. If the case goes to trial it will contain jury selection process followed by opening statements and then both sides will present their evidence with concluding closing arguments. After the trial concludes either the jury or the judge who conducts a bench trial will deliberate to reach and announce their decision.
Potential Outcomes and Compensation
Types of Damages
Personal injury cases from car accidents generally encompass economic damages such as medical bills and lost income as well as non-economic damages which include pain and suffering and loss of life enjoyment.
Post-Trial Process
Once the verdict is issued either party has the right to submit post-trial motions or file appeals. Your attorney will assist you in collecting and distributing your payment once you win your case or finalize a settlement.
Timeline Expectations
The resolution of most car accident lawsuits takes between one and three years after the accident occurs. The process includes:
- Initial investigation and demand: 1-3 months
- The process from filing a lawsuit to completing discovery typically lasts between 6 to 12 months.
- Trial preparation and trial: 1-3 months
Self-Care During Litigation
During this period concentrate on your physical and mental health recovery while using counseling or relaxation methods to control stress and keep open communication with your attorney.
Wrapping It All Up
Car accident lawsuits demand significant patience and determination because they comprise complicated legal procedures. By learning about each step of the process you can move through the difficult path with greater confidence.
Starting with the correct actions after your accident while choosing a skilled attorney and working with them to build your case allows you to achieve the most favorable outcome. The ability to make knowledgeable choices during your case improves when you understand whether it settles quickly or proceeds to trial.
or proceeds to trial.
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