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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if the insurance company refuses to provide you with the amount you need for your injuries. The letter will outline all of your financial losses like medical expenses and lost wages as well as non-economic damages such as discomfort and pain.

A jury or judge will then make a decision. If they rule in your favor they will award you damages and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence is essential to receive compensation for your injuries. The gathering of evidence is one of the first steps in the litigation process, and it involves collecting documents such as photographs, witness testimony as well as official reports such as police reports.

Photographs of the scene of the accident might assist your attorney in determining what actually transpired during the collision, including the location of both cars following the collision, skid marks, road debris and other evidence that is physical. Also, take note of the names and contact numbers of any eyewitnesses who witnessed what occurred. Witnesses that testify to support your account of what transpired is vital particularly since it can be common for drivers to give contradicting stories of what happened. This causes insurance companies to refuse to accept the claim or denying responsibility altogether.

Other evidence that your lawyer could use include medical records, which can include bills, receipts diagnostic reports, lab results, discharge instructions, and other documents that show the severity of your injuries. You should seek these records as soon as you can and send copies to your healthcare providers.

A deposition is another form of evidence your lawyer might utilize. It is a non-in court statement made under oath. It is then translated by a court reporter. Your lawyer can use this testimony to establish your injuries have an immediate, obvious connection to the accident. This will help justify seeking compensation. The majority of the evidence mentioned above can be collected at the site of the crash or shortly after but some of it may not be available until later in the litigation. This is why it's important to talk to a reputable lawyer for car accidents as soon as possible so that they can begin investigating while the crucial evidence is in its most pure form.

2. Filing a Complaint

Once the dust has settled and you've taken care of your injuries, it's the time to seek legal advice from a professional. An attorney for car accidents can provide the necessary expertise to help you get the most compensation for your claim.

The first step is filing an application with the court. This will outline your specific claims as well as the amount you'd like to claim in damages. The document is usually written by your attorney and filed with the court and served on the defendant.

This also initiates the discovery phase that allows both sides to exchange information and documents related to their defenses and claims. The process can be long and requires both sides to look over a number of documents, including police reports as well as witness statements medical records, bills and more. Each side can request interrogatories. These are a series questions that the other side must answer under oath in a specified time frame.

In this phase, your lawyer will also work closely with medical professionals to obtain an accurate picture of your injuries and the impact they've caused on your life. Your attorney will calculate your total damages, which will include future and past medical expenses loss of earnings, suffering and pain, and more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver at fault. This is likely to occur after the completion of the discovery process and prior to trial. However, if the insurance company is unable to provide a fair settlement or if you've incurred significant losses 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 the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. This is when your attorney and negligent insurance company of the driver share information that could either support or derail your claim. Your attorney will request copies of documents that support your case, including medical bills, police reports as well as work loss records (e.g. documents from your employer that outlines how much time you missed work due to the accident), photographs of your vehicle and any damages or injuries, and other relevant financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

These written discovery tools are exchanged between attorneys from both sides. The tools for writing discovery give the opposing side an opportunity to answer questions in writing, which must be answered under oath and to provide copies or other information that might be helpful to you.

Your Long Island car accident attorney will also depose witnesses as well as anyone who has information regarding the damages or injuries you sustained that could be vital to your case. During a deposition lawyer for the person who is at fault will ask you a series of questions, and your responses will be recorded on video or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to create an argument that is convincing and persuasive to the responsible party and their insurance company so that you are able to secure an adequate and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases will settle however, the majority settles in the course of or following the discovery process, which can be completed before the trial.

4. Trial

Although the majority of car accidents are settled through informal negotiations, 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 a formal proceeding where both parties present arguments and evidence before the factfinder, who makes an decision on how to resolve the dispute. In personal injury cases the factfinder usually a jury.

During the trial, your lawyer will explain your story in your opening statements to the jury along with any supporting evidence you have, such as images or videos of the accident scene, witness testimony from bystanders and medical professionals, as well as documents like police reports and accidents medical bills. You can also offer testimony regarding your memories of the incident and how it has impacted your life. Expert witnesses are also able to testify in support of your assertions. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of specific evidence.

At trial, the jury will decide if the plaintiff's injuries were caused by the defendant's negligence. They will be looking at proximate causes, a complex legal concept that law students will spend hours studying. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. It's also a complex matter because it is based on the extent of your injuries and the amount to which you've suffered. Your lawyer will provide evidence, including expert testimony, about the severity of injuries loss of income, future earning potential, in addition to your pain and accidents suffering and impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations in which you must settle your claim or make a claim. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, then you might require filing a car accident lawsuit in the court. It can be expensive and time-consuming, but this is usually required to obtain compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a process formal where each side exchanges information with one another). Your lawyer will also file legal documents, referred to as motions to ask the court for things like excluding certain types of evidence in trial. Settlement negotiations can continue throughout the process, and a lot of civil disputes arising from car accidents end before a trial can be held.

If they believe that your injury claim is valid and you are willing to go to trial Insurance companies will offer an acceptable settlement offer. Settlements are more efficient and less risky than the court trial.

Before you agree to the settlement, it's important that you fully understand the severity of your injuries and have completed all medical treatments. You could lose out on additional compensation if settling a settlement until your doctor has concluded that you have reached the level of medical improvement that is the highest. Don't sign a contract before you've spoken with your lawyer regarding your damages. Your lawyer will ensure that you do not miss out on valuable compensation. They will look over your medical records, as well as other documentation to ensure that you receive all of the compensation you're entitled to.