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The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter if an insurance company is unable to pay the amount you require for your injuries. The letter will list all of your financial damages such as medical expenses, lost wages as also non-economic damages like pain and discomfort.

A judge or jury will then come to a decision. If they rule in your favor, you will be awarded damages. In addition, the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is crucial to get 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 happened in the accident law firms, including the position of both cars after impact, skid marks, road debris and other evidence that is physical. Record the names and accidents contact information of any eyewitnesses that witnessed the events. It is important to have witnesses who can confirm the events that took place, as it can often happen that drivers will give contradictory information that can lead to insurance companies refusing to accept or deny the liability.

Other forms of evidence your lawyer could utilize include medical records, which may include receipts, bills diagnostic reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. It is important to obtain these records as soon as you can and give copies to your medical professionals.

Another type of evidence that your lawyer could utilize is a deposition, which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. The lawyer can make use of the testimony to prove that your injuries have a direct and foreseeable connection to the accident and, therefore, can justify the need for compensation for your injuries. While the majority of the above types of evidence are taken at the scene of the accident or shortly thereafter however, some evidence may not be accessible until later in the litigation process. This is the reason it's essential to consult a highly-credentialed lawyer for car accidents as soon as possible so that they can begin an investigation when the evidence is in its purest form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, it's best to seek legal advice from an expert. An attorney for car accidents will provide the knowledge and expertise to help you get the most compensation for your claim.

The first step is to file a complaint with the court. The complaint will detail your specific claims and the amount you'd like to recover in damages. The document is usually written by your attorney, and then filed with the court and served to the defendant.

This also initiates the discovery phase that allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can take a long time and both teams will have to look over a variety of documents, including police records and witness statements. They might also have to review medical records or bills, as well as other documents. Each side can request interrogatories. These are a series questions that the other side must answer under oath within a specified time frame.

In this phase, your lawyer will also work closely with doctors to get the full picture of your injuries as well as the impact that they've affected your life. Your lawyer will estimate your total damages. This includes future and past medical expenses, lost wages, suffering and pain and suffering, and more.

Your lawyer may be able come to a settlement agreement with the insurance company of the driver at the fault. This is more likely following discovery and prior to 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 be referred to trial. A jury or judge will decide on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. It is the point at which your attorney and the negligent insurer of the driver exchange information that could help or damage your claim. Your attorney will ask for documents that can support your case, including medical bills, police reports and work loss records (e.g. an email from your employer showing the amount of time you were absent from work due to the accident) photographs of your vehicle as well as any damages or injuries or other pertinent financial information. Your attorney will also use written discovery tools, such as interrogatories and requests for production, as well as requests for admissions to interview witnesses and parties who are not present in the case.

These tools for writing discovery are used to exchange information between attorneys on both sides. The written discovery tools provide the opposing party a chance to answer questions in writing, which must be sworn to under oath, and to provide copies or other information that could be helpful to you.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the collision, as well as anyone who has information about your injuries or damages that could be relevant to your case. During a deposition lawyer representing the party at fault will ask you several questions, and your answers will be recorded on video, or transcribed by a court reporter.

The purpose of these pre-trial investigation procedures is to help your lawyer to present a strong and compelling case to the party at fault and their insurer in order that you can secure an adequate and fair settlement for your injuries, losses and expenses. Although there is no guarantee that all cases settle but the majority settle either during or after the discovery process, which may be completed before your case goes to 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 how much compensation you are entitled to for your injuries, your case may go to trial. A trial is an official process where both parties are required to argue and present evidence to an impartial factfinder who takes an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial, your lawyer will provide your version of the events in opening statements to the jury, together with any evidence you have, such as images or videos of the accident scene, testimony from witnesses and medical professionals, and documents like police reports and medical bills. You may also testify on your personal memories of the incident and how it affected your life. Expert witnesses can also testify to support your assertions. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of evidence.

In a trial, the jury must decide whether the plaintiff's injuries were caused by the defendant's negligence. They will consider the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate cause examines the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine how much damages you will be awarded. It is also a complicated matter because it is based on the extent of your injuries and the degree to which you've suffered. Your attorney will present your evidence including expert testimony from a witness regarding the severity of your injuries, your lost income, and future earnings potential, as well as your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state establishes a legal deadline, commonly referred to as the statute of limitations that you must meet to settle your claim or file a lawsuit. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, then you might require filing a car accident lawsuit in court. This can be time consuming and costly, but it is usually required to seek compensation.

During the discovery procedure, Accidents your Long Island personal injuries lawyer will attend hearings and take part in discovery (a procedure that is formal in which both sides exchange information with each other). Your lawyer will also file legal documents, referred to as motions to request the court for specific things such as not allowing certain types of evidence during trial. Settlement negotiations can continue throughout this process, and most civil disputes arising from car accidents end before a trial needs to be held.

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

It is vital to understand the extent of your injuries prior to agreeing to the settlement. You should also have completed all medical treatment. You could lose out on additional compensation if settling a settlement until your doctor has confirmed that you have achieved the point of maximum improvement. Also, you should not sign a contract before you have spoken with your lawyer regarding your damages. Your lawyer will ensure that you don't miss out on valuable compensation. They will carefully review your medical records and other evidence to ensure that you receive the full amount of damages to which you are entitled.