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The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you need for your injuries, our hard-working attorneys will prepare a formal demand letter. This will include all of your financial losses like medical bills and lost wages, as well as non-economic damages like pain and suffering.

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

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is essential to receive compensation for your injuries and losses. The first step in the lawsuit process is to collect evidence. This includes photos, documents, witness testimony, official reports like police reports and other official reports.

Photographs of the scene of the accident can aid your lawyer in determining what happened during the collision, including the positions of both cars after collision, skid marks, road debris, and other physical evidence. Also, take note of the names and contact information of any eyewitnesses who witnessed the incident. It is essential that witnesses confirm the events occurred, as it can often happen that drivers offer contradictory information that can lead to insurance companies refusing to accept or deny responsibility.

Medical records can also be utilized by your lawyer in order to prove the extent of your injury. They could include receipts, bills, lab results, diagnosis reports, discharge directions and other documents. It is important to obtain these records as quickly as you can and send copies to your healthcare providers.

Another type of evidence that your lawyer could make use of is a deposition which is a non-court-issued testimony that is given under oath and recorded by a court reporter. The lawyer can make use of this testimony to prove your injuries were a clear, identifiable connection to the accident. This can be used to justify the need for compensation. While the majority of these types of evidence can be collected at the scene of the accident or within a short time after but some of the evidence might not be available until later in the litigation process. This is why it's vital to speak with a well-credentialed lawyer for lawsuit car accidents as soon as possible, so that they can begin an investigation while vital evidence is still in its purest form.

2. Filing a complaint

After the dust has settled and you've taken care of your injuries, you need to seek legal advice from an expert. A lawyer from a car accident can give you the experience to maximize your compensation.

The first step is to file a complaint with the court, describing the specific claims that you have filed and how much money you're seeking in damages. The complaint is typically written by your lawyer and filed with the court, and then served to the defendant.

The discovery phase begins with both parties able to share information regarding their defenses and claims. The process can take a considerable time and both teams may be required to examine a large number of documents including police reports and witness statements. They might also need to look at medical documents and bills as well as other documents. Each side is able to request interrogatories. They are a set of questions which the other side must answer under oath in the timeframe specified.

Throughout this stage your lawyer will collaborate with medical professionals to ensure they have a complete picture of the extent of your injuries and the impact they've affected your daily routine. Your lawyer will calculate the total damages. This will include future and past medical expenses including lost wages, suffering and pain and suffering, and more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver who is at fault. This will most likely take place after the completion of discovery, but before trial. However, if the insurance company is unable to negotiate a fair settlement or if you've incurred substantial damages that aren't covered by the insurance policy, your case could go to trial. A judge or jury will make a decision in the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit the attorney representing you and the negligent driver's insurance company exchange information that could support or damage your claim. Your attorney will ask for copies of the documents that support your case, including medical bills, police reports or work-related loss records (e.g. an email from your employer which reveals how much time you missed work because of the accident law firm) photographs of your vehicle and any injuries or damages or other pertinent financial information. Your attorney can also make use of tools for writing discovery, such interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.

These tools for discovery in writing are distributed back and forth between the attorneys of both sides. The written discovery tools give the opposing side a chance to respond to questions in writing which must be answered under oath. It also allows you to provide copies of other information which could be helpful to you.

Your Long Island car accident attorney will also interview witnesses and anyone who has information about the damages or injuries you sustained that could be important to your case. In a deposition, the attorney representing the at-fault party will ask you a series of questions, and your answers will be recorded on video or translated by a court reporter.

The goal of these pre-trial investigation procedures is to assist your lawyer to create a strong and compelling case to the at-fault party and their insurer, so that you can get a full and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in every case, but most will settle during or following the investigation process, which usually completed prior to the trial.

4. Trial

Trials are possible in cases when you and the insurance company disagree regarding the fault of the other party or the amount of compensation you should receive for your injuries. A trial is a formal hearing where both sides present arguments and evidence to a factfinder, who makes a ruling that resolves the dispute. In personal injury cases the factfinder is usually a jury.

During the trial your lawyer will be able to give your account of the events in opening statements to the jury, together with any evidence you may have, such as photographs or videos of the accident scene, witness testimony from witnesses and medical professionals, and documents such as medical bills and police reports. You can also testify about your memories of the incident, and how it impacted your life. Expert witnesses are also able to testify in support of your claims. The defendant's attorney can cross-examine witnesses and object to the admissibility of specific evidence.

The jury will decide during trial whether the plaintiff's injury was the result of the defendant's reckless behavior. They will examine proximate cause an intricate legal concept that lawyers spend many hours studying in law school. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you are entitled to. This is a thorny issue, as it depends on the severity of your injuries and the extent of your losses. Your attorney will present your evidence which includes expert testimony from a witness regarding the severity of your injuries, your lost income, as well as future earnings potential as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations, where you have to settle your claim or file a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you could be required to file a vehicle accident lawsuit in the court. It is costly and time-consuming, but this is often required to seek compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and will attend hearings. Your attorney will also make legal filings, also known as motions, requesting the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing throughout the entire process, and most civil disputes in car accidents settle before a trial needs to be held.

If they believe that your injury claim is valid and you are willing to go to trial insurance companies will make an acceptable settlement offer. Settlement is faster and less risky than an in-court trial.

It is crucial to understand the extent of your injuries prior to agreeing to the settlement. You must also have completed all medical treatments. You may not receive additional compensation if you accept a settlement until your doctor has determined that you have attained the point of maximum improvement. You should also not sign an agreement until you have met with your lawyer and had an accurate understanding of your damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will scrutinize your medical records, as well as other documentation, to ensure that you receive all damages that you are entitled to.