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The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount of money you require for your injuries, our hard-working attorneys will prepare an official demand letter. The letter will outline all of your financial losses like medical expenses and lost wages, as well as non-economic damages like discomfort and pain.

Then, a judge or jury will decide. If they rule to your advantage, you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves an automobile accident the proof of negligence is essential in obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports including police reports and other official reports.

Your attorney may be able to establish what happened during the accident by taking photographs of the scene, including skid marks and road debris as well as other physical evidence. Take down the names and contact information of any witnesses who saw what happened. It is essential that witnesses who can confirm the events that took place, as it can often be the case that drivers provide contradictory statements that result in insurance companies refusing to accept or deny liability.

Other evidence forms your lawyer might use include medical records, which could include bills, receipts diagnostic reports, lab results, discharge instructions and other evidence that demonstrates the extent of your injuries. You should get these records as quickly as you can and send copies to your medical professionals.

Depositions are another form of evidence your lawyer can make use of. It is a non-in court testimony under oath, and then translated by a court reporter. Your lawyer may utilize the testimony to prove that your injuries have an immediate and clear connection to the crash and, therefore, can justify the need for compensation for your injuries. Most of the evidence mentioned above can be collected at the scene of the accident or soon after, but some may not be available until much later in the legal process. This is why it's crucial to speak with a well-credentialed car accident lawyer as soon as possible so that they can begin an investigation while the crucial evidence is in its purest form.

2. How to file a complaint

After the dust has settled and you've taken care of your injuries, you should seek legal advice from a professional. A car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with court, which details the specific claims you are making and the amount of money you are seeking in damages. The complaint is typically written by your attorney and filed with the court, and then served to the defendant.

This also triggers the discovery phase which allows both parties to exchange information and evidence that is related to their claims and defenses. The process can be lengthy and requires both sides to examine a variety of documents, including police reports, witness statements, medical records, bills and more. Each side can request interrogatories, which are a series of questions that the other party must answer under oath by a predetermined timeframe.

Throughout this process your lawyer will work with doctors to ensure that they have a complete understanding of the severity of your injuries as well as the impact they've affected your daily routine. Your lawyer will then calculate your total damages that include the past and future medical costs, lost earnings, suffering and pain, and more.

Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. This is most likely to take place 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 have incurred significant damage that is not covered by the insurance policy, your case may move forward to trial. A judge or jury will decide on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. This is where your attorney and negligent insurer for the driver exchange information that could support or hurt your claim. Your attorney will request copies of the documents that support your case, such as police reports, medical bills and work loss records (e.g. documents from your employer that outlines how long you missed work because of the accident), photographs of your vehicle, any injuries or damages as well as other financial information. Your attorney will also make use of documents for discovery in writing, such as interrogatories and requests for production, as well as request for admissions to question witnesses and other parties who are not present in the case.

The written discovery tools are distributed back and forth between attorneys from both sides. They provide the opposing party the chance to respond to questions in writing, which need to be sworn to in oath and to supply copies of certain documents or other data that may be relevant to your case.

Your Long Island car accident lawyer will also depose witnesses to the collision as well as any person who has information about your injuries or damages that could be important to your case. During a deposition at-fault party's lawyer will ask you an array of questions and your answers will be recorded on video, or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to construct an argument that is persuasive and strong against the at-fault party as well as their insurance company so that you can secure a full and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in every case but the majority of them will settle during or following the investigation process, which usually completed before the trial.

4. Trial

The majority of car accidents settle through negotiations outside of court, if you and the insurance company aren't in agreement on the cause or how much compensation you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal hearing in which both sides present arguments and evidence to a factfinder, who makes a ruling which settles the dispute. In personal injury cases the factfinder will usually be a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any supporting evidence, such as photos or videos of the scene of the accident, testimony from witnesses and medical professionals, or documents like police reports and bills. You may also testify on your memory of the incident and how it affected your life. Expert witnesses are also able to testify in support of your assertions. The lawyer representing the defendant can interrogate witnesses and object to the admissibility of evidence.

In a trial, jurors must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will consider proximate cause which is a tangled legal concept that lawyers have to spend many hours studying during law school. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. This is a thorny issue depending on the severity of your injuries and the severity of your losses. Your lawyer will present evidence including expert witness testimony regarding the severity of your injuries, your lost income, and your future earnings potential in addition to your pain and suffering disfigurement, impairment, and.

5. Settlement

Each state has a specific deadline by which you can settle your claim or file an action. This is referred to as the statute of limitations. If your lawyer cannot negotiate a settlement with your insurer, you could be required to bring a lawsuit to court. It's costly and time-consuming, but it is often necessary to seek compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal process in which each party exchanges information with the other side) and attend hearings. Your attorney will also make legal filings, also known as motions, asking the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can be ongoing throughout this process, and a lot of civil disputes arising from car accidents end before a trial is required to be held.

If they believe that your claim is valid and you are willing to go to trial insurance companies will make a fair settlement offer. The settlement process is also quicker and less risky than the court trial.

Before agreeing to the settlement, it's essential to be aware of the extent of your injuries. You must also have completed all medical treatment. You could be denied additional compensation if you sign the settlement before your doctor has determined that you have reached the point of maximum improvement. Additionally, you should not sign a release until you have met with your lawyer and received full understanding of your losses. Your lawyer will make sure that you don't lose the opportunity to receive a valuable amount of compensation. They will carefully examine your medical records as well as other documents to ensure that you receive the total amount of damages to that you are eligible.