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The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you need for your injuries, our tenacious lawyers will draft a formal demand letter. The letter will outline all of your financial damages such as medical costs and lost wages, as well as non-economic damages such as discomfort and pain.

A jury or judge will then take a call. If they rule in your favor they will be able to award you damages, and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving an accident in a car the proof of negligence is essential to receive compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports like police reports, and other official reports.

Your lawyer might be able to establish what happened in the incident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Record the names and contact details of any witnesses who saw what happened. It is crucial that witnesses who can confirm the events that occurred, as it can often be the case that drivers offer contradictory information that can lead to insurance companies denying or refusing responsibility.

Medical records can also be utilized by your lawyer to establish the extent of your injury. They could include bills, receipts, lab results, diagnosis reports, discharge directions and other forms of documentation. You should obtain these records as soon as you can and ensure that you provide copies to your healthcare professionals.

Another type of evidence that your attorney might employ is a deposition which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. Your lawyer could use the testimony to prove that your injuries had an immediate and predicable connection to the accident which can help justify compensation for your losses. While the majority of these types of evidence can be gathered at the accident scene 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 consult a highly-credentialed lawyer for car accidents as soon as possible so that they can begin an investigation while vital evidence is still in its most pure form.

2. Making a complaint

After the dust has cleared and you've taken care of your injuries, seek legal advice from an experienced. A car accident attorney will provide the knowledge and expertise to help you get the most compensation for your claim.

The first step is to file an application with the court. It will describe your specific claims and the amount you wish to recover in damages. The complaint is typically written by your attorney and filed with the court and served on the defendant.

The discovery phase starts and allows both parties to exchange information about their defenses and claims. The process can take a considerable time and both teams may need to review a lot of documents including police reports and witness statements. They might also have to look at medical documents as well as bills and other documents. Both sides can request interrogatories. They are a set of questions which the other side has to answer under oath in the specified timeframe.

In this phase, your lawyer will also work closely with doctors to get an accurate picture of your injuries and the impact that they've affected your life. Your lawyer will then estimate the total damages you have suffered that will include past and future medical expenses as well as lost earnings, pain and suffering and much more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver who is at fault. This is likely to take place after the completion of the discovery process and prior to trial. If the insurance company doesn't agree to an equitable settlement, or if your damages are significant and not covered by insurance, you may be required to appear in court. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit the attorney representing you and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of documents to support your case. This includes police reports medical bills, as well as work loss documents from your employer (showing how much time you've missed because of the accident) photographs of your vehicle, any injuries or damages as well as other financial data. Your attorney will also use written discovery tools, such as interrogatories or requests for production as well as request for admissions to question witnesses and other parties that are not in the case.

These written discovery tools are circulated back and forth between attorneys from both sides. Written discovery tools allow the opposing side an opportunity to answer questions in writing, which must be answered under oath. It also allows you to provide copies or other information that might be useful to you.

Your Long Island car accident attorney will also depose witnesses as well as any other person with information about your injuries or damages which could be essential to your case. During a deposition, the lawyer representing the party at fault will ask you an array of questions and your responses will be recorded on video or transcribed by a court reporter.

These pretrial investigation processes are designed to assist your lawyer construct a compelling argument against the person at fault and their insurer to negotiate a fair settlement for all of your injuries, expenses and losses. There is no assurance of a settlement in each case but the majority of cases will settle during or following the investigation process, which is usually completed before the trial.

4. Trial

Trials are possible in cases where you and the insurance company disagree regarding the fault of the other party or the amount you should receive for your injuries. A trial is a formal proceeding in which both parties present their arguments and evidence to an impartial factfinder who takes a decision to resolve the dispute. In personal injury cases the factfinder is usually a jury.

During the trial your lawyer will be able to present your version of events in opening statements to the jury along with any supporting evidence that you have, like pictures or videos of accident scene, testimony from people who witnessed the accident law firm and medical professionals, and documents like medical bills and police reports. You can also provide testimony regarding your memories of the incident and how it changed your life. Expert witnesses can also give evidence to back up your claims. The lawyer for the defendant can cross-examine witnesses and challenge to the admissibility of evidence.

The jury will decide during trial whether the plaintiff's injuries was caused by the defendant's negligence. They will look at proximate cause an intricate legal concept that lawyers spend many hours studying during law school. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. It's a difficult matter because it is based on the severity of your injuries and the degree to which you've suffered. Your lawyer will present evidence including expert testimony about the severity of injuries as well as lost income and future earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Every state has a deadline that you must meet to settle your claim, or even file a lawsuit. This is known as the statute of limitations. If your lawyer cannot come to a deal with the insurer, you may have to make a court filing. This could be a lengthy process and costly, however it is usually required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a process formal where both sides exchange information with the other). Your lawyer will also file legal documents called motions asking the court for things like the exclusion of certain kinds of evidence in trial. Settlement negotiations may continue throughout this process. A majority of car accident civil disputes are resolved before trial is required.

If they believe that your claim is solid and that you are willing to go to trial the insurance company will offer an honest settlement offer. In addition the settlement process is more efficient and less risky than a trial.

It is crucial to understand your injuries prior to an agreement. It is also important to have completed all medical treatment. You may not receive additional compensation if you sign an offer of settlement until your doctor has concluded that you have reached the maximum level of improvement in your medical condition. You should also not sign a settlement agreement before you have spoken to your lawyer regarding your damages. Your lawyer will ensure you do not miss out on valuable compensation. They will carefully review your medical records and other documents to ensure that you receive the entire amount of damages for which you are eligible.