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The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if an insurance company refuses to pay you the amount you need for your injuries. This letter will detail all of your financial losses like medical expenses and lost wages as and non-economic losses like pain and discomfort.

A judge or jury will then make a decision. If they decide in your favor, they will award you damages and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is the most important aspect to obtain compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident might aid your lawyer in determining what actually happened in the crash, including the position of both vehicles after collision, skid marks, road debris and other physical evidence. Note down the names and contact information of any witnesses who were present to witness what happened. It is crucial to have witnesses confirm the events took place, as it can often be the case that drivers will give contradictory accounts that lead to insurance companies refusing or denying liability.

Medical records can also be used by your lawyer in order to prove the extent of your injury. These documents may include bills, receipts, lab results, diagnosis reports, discharge instructions, and other records. You should get these records as quickly as possible and provide copies to your healthcare providers.

A deposition is another form of evidence that your attorney can use. This is an out-of court statement made under oath, and then recorded by a Court Reporter. The lawyer can use the testimony to prove the fact that your injuries had an immediate and obvious connection to the accident and can be used to justify the compensation you deserve for your damages. The majority of the evidence listed above can be obtained at the site of the accident or soon after however some evidence may not be available until later in the legal process. It's crucial to speak with a lawyer for car accidents with the right credentials immediately to begin an inquiry while the evidence is still in its purest form.

2. Making a complaint

After the dust has settled, and you've taken care of your injuries, seek legal advice from a professional. A lawyer who has handled car accidents can give you the experience to maximize your compensation.

The first step is filing a complaint with the court. This will outline your specific claims and the amount of money you want to recover in damages. This document is usually drafted by an attorney and then filed in court. It is also served to the defendant.

This also initiates the discovery phase, which allows both sides to exchange information and evidence that is related to their claims and defenses. The process can be long and requires both parties to go through a myriad of documents including police reports as well as witness statements and medical records, as well as bills and much more. Each side can request interrogatories, which are a series of questions the other party must answer under oath, within a specific deadline.

Throughout this process your lawyer will work with medical professionals to ensure they have a complete picture of the severity of your injuries as well as the impact they've affected your daily routine. Your attorney will then calculate your total damages including future and past medical expenses loss of earnings, pain and suffering, and more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver who is at fault. This is most likely to occur after the completion of discovery and before trial. However, if the insurance company is unable to provide a fair settlement or if you have incurred significant damages that are not covered by the insurance policy, the case may go to trial. A judge or jury will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. This is the time when your attorney and negligent insurance company of the driver exchange information that can support or undermine your claim. Your attorney will request copies of documents to prove your case. These documents include police reports medical bills, work loss documents from your employer (showing the length of time you've missed due to the accident) photographs of your vehicle damaged or injured and other financial details. Your attorney will also make use of written discovery tools like interrogatories and requests for production, as well as requests for admissions to interview witnesses and other parties that are not present in the case.

These written discovery tools are exchanged back and forth between the attorneys of both sides. They give the opposing side a chance to respond to questions in writing, which have to be sworn to under oath, and to supply copies of specific documents or other information that could be helpful to your case.

Your Long Island car accident attorney will also question witnesses and anyone with information about your injuries or damages that could be important to your case. During a deposition lawyer representing the party at fault will ask you a series of questions, and your answers will be recorded on video or transcribing by a court reporter.

The purpose of these pretrial investigation processes is to allow your lawyer to create an argument that is persuasive and strong against the at-fault party as well as their insurance company so that you can receive an adequate and fair settlement for your losses, injuries and expenses. Although there is no guarantee that every case will settle however, the majority of cases settle either during or after the discovery process, which can be completed before the case is brought to trial.

4. Trial

Trials are a possibility in situations where you and the insurance provider disagree regarding the fault of the other party or the amount of compensation you should be awarded for your injuries. A trial is a formal proceeding in which both sides argue and present evidence to a factfinder who will make an announcement to settle the dispute. In personal injury cases the factfinder is typically a jury.

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

At trial, the jury must decide if the plaintiff's injuries were caused by the defendant's negligence. They will consider the proximate causes, which is a complicated legal concept that law students spend hours studying. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury is also required to determine how much damages you're entitled to. It's a difficult issue because it depends on the extent of your injuries and the extent to which you've suffered. Your attorney will present your evidence which includes expert testimony from a witness regarding the severity of your injuries, the loss of income, and your future earnings potential, as well as your suffering and pain disfigurement, impairment, and.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations by which you must settle your claim or start a lawsuit. If your lawyer is not able to negotiate a settlement with your insurance company, you may be required to file a lawsuit in court. This can be time consuming and expensive, but it is often required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where each side exchanges information with the other). Your lawyer will also file legal documents referred to as motions asking the court for certain things, such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can go on throughout this process, and a majority of civil disputes arising out of car accidents will end before a trial is required to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your claim for injury is solid and that you'll be willing to take the case to trial. Settlement is more efficient and less risky than an in-court trial.

Before you agree to the settlement, it's important to understand the severity of your injuries and that you have completed all medical treatments. It is possible to lose additional compensation if you sign a settlement until your doctor has concluded that you have reached the maximum medical improvement. You should also not sign a release until you have met with your lawyer and gained a complete understanding of your damages. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will carefully review your medical records as well as other documents to make sure that you get the full amount of damages to which you are entitled.