Car accidents can be traumatizing experiences for everyone involved. The aftermath of an accident can lead to emotional, physical, and financial hardships that can take a toll on individuals and their families. In the year 2013, over 32,000 individuals lost their lives as a result of motor vehicle accidents, which included 4,735 pedestrians and 743 cyclists. Additionally, a staggering number of 2.3 million people sustained injuries in motor vehicle collisions, encompassing 66,000 pedestrians and 48,000 cyclists.
Megacities like New York are a hub for serious auto accidents due to the population density and the significantly high number of vehicles on the streets. Unfortunately, not all car accidents are resolved amicably between the parties involved. In some cases, it becomes necessary to go to court and litigate the matter. If you find yourself in this situation as a resident of New York, it’s essential to understand what happens next. A reliable NY car accident attorney will help you navigate the complexities of your personal injury case. Keep reading to learn more about car accident lawsuits.
Filing the lawsuit
To begin a car accident lawsuit, one needs to file a complaint with the court within your jurisdiction. A plaintiff or injured party may sue another driver for damages due to negligence or reckless driving that caused injury or property damage during an accident.
An experienced automobile accident attorney will draft a comprehensive legal document outlining why the defendant is responsible for damages incurred by the plaintiff resulting from their negligent actions.
Serving papers
Once filed, attorneys representing both parties serve documents notifying each other of the case’s filing and its relevant details. The paperwork includes complaints and supporting documents such as medical billing outsourcing records and police reports capturing details regarding what transpired before, during, and after the accident.
Discovery phase
After serving papers comes the discovery phase; this is where more information about those involved gets gathered through depositions, interrogatories (written questions answered under oath), requests for the production of documents (such as medical bills), requests for admissions (requests asking one side if they agree or disagree on certain facts) are made by both sides.
Mediation
Another vital step before going into the trial is mediation. Mediation provides an opportunity where both parties have a chance to agree on how much compensation should be paid without having additional costs associated with taking matters up in court.
The Trial
In general personal injury cases like car accidents proceed on a contingency basis. Lawyers ordinarily do not receive any payment unless they win compensation for their clients. But the legal consult and payment structure varies from one law firm to another.
The objective of a trial is to find the defendant negligent or at fault for the accident and liable for damages caused as a result. Both attorneys finally present their cases using evidence gathered during the discovery phase, from witness testimony or expert opinion.
Finally, juries or a judge determine liability, the amount of compensation owed, and any punitive damages awarded.
Possible Outcomes
In general, car accident lawsuits often settle out of court; still, there are times when negotiations do not result in an agreement. In that case, there are two possible outcomes—loss or win.
A loss after the trial results in no award given to the plaintiff, with extensive bills accrued over time spent pursuing potential compensation from those responsible. A winning lawsuit may provide favorable compensations intended to repair damages incurred as well as help resolve intangible issues like dealing with emotional trauma.
Experience teaches us how crucial it is to be prepared for what could be a long and arduous process concerning car accident lawsuit disputes that easily become complicated and drawn out if mishandled.
Finding an experienced automobile accident attorney capable enough to champion your case can help you get just compensation.
Step Involved in the Judicial Process
It’s essential for plaintiffs filing personal injury suits due to negligence-caused accidents to understand what litigating multi-faceted cases entails before collecting medical documents. Therefore you should seek initial evaluation consultation from reputable attorneys who’ll guide you through this complex judicial process by outlining the necessary steps required below:
- Accident assessment and analysis explaining potential strengths or weaknesses when presenting specific lawsuit details.
- Case valuation based on associated costs, such as access to medical billing information.
- Court preparation outlining strategies used at each stage within litigation proceedings so that individuals can remain informed throughout.
- Preparation demonstration providing insight towards preparing clients upfront regarding depositions. This consists of answering questions under oath that the other party’s attorneys ask.
Going to court can be a long, arduous process. With proper research and an experienced attorney by your side, you can expect outcomes in your favor.