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The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you need for your injuries, our persistent attorneys will prepare a formal demand letter. The letter will list all of your economic losses such as medical costs and lost wages, as and non-economic losses like pain and discomfort.

Then a judge or jury will decide. If they rule in your favor you will be awarded damages. In addition, the defendant must pay them.

1. Gathering Evidence

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

Your attorney might be able to establish the circumstances of the accident by taking photographs of the scene, including skid marks and road debris as well as other physical evidence. Also, note the names and phone numbers of any witnesses who were present at what happened. Witnesses that testify to support your version of what transpired is vital as it could be common for drivers to give contradicting stories of what happened. This causes insurance companies to refuse to accept the claim or denying any responsibility at all.

Other types of evidence your lawyer could use include medical records, which could include receipts, bills, diagnosis reports, lab results, discharge instructions and other documentation that demonstrate the extent of your injuries. It is important to obtain these records as quickly as you can, and also provide copies to your healthcare professionals.

Another form of evidence your attorney may make use of is a deposition which is an out-of court testimony delivered under oath and recorded by a court reporter. Your lawyer could utilize this testimony to prove that your injuries had an immediate, obvious connection to the accident. This can be used to justify seeking compensation. Most of the evidence mentioned above can be obtained at the site of the accident or within a short time but some of it may not be available until much later in the legal process. This is why it's crucial to consult a highly-credentialed lawyer in the event of a car accident as soon as you can so that they can begin investigating while vital evidence is still in its purest form.

2. Filing a Complaint

After the dust has cleared and you've taken care of your injuries, seek legal advice from an expert. A lawyer who has handled car accidents can provide you with the knowledge to maximize your compensation.

The first step is to file an application with the court. The complaint will detail your specific claims and the amount of money you want to recover in damages. The document is usually written by your attorney and filed with the court and served on the defendant.

This also triggers the discovery phase that allows both sides to exchange information and documents related to their defenses and claims. The process can take a long duration and both teams will have to look over a variety of documents, including police records and witness statements. They might also need to examine medical records as well as bills and other documents. Each side may request interrogatories. They are a set of questions which the other side must answer under oath within the timeframe specified.

In this phase, your lawyer will also collaborate with doctors to get the full picture of your injuries as well as the impact they've affected your life. Your lawyer will estimate your total damages. This includes future and past medical expenses, lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer may be able to negotiate a settlement with the at-fault driver's insurance company. This is likely to be the case following the completion of discovery, but before trial. If the insurance company refuses to negotiate a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, your case may move forward to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an essential step in any car accident case. This is where your attorney and the negligent insurance company of the driver share information that could either support or damage your claim. Your attorney will ask for documents that can support your case, including medical bills, police reports, work loss records (e.g. the records from your employer that outlines the amount of time you were absent from work due to the accident) photographs of your vehicle as well as any damage or injuries as well as other financial information. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to ask questions of witnesses and parties who are not present.

These documents are exchanged between attorneys from both sides. They give the opposing party an opportunity to reply to questions in writing, which need to be answered under oath, and to supply copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the collision and also anyone who has information about your injuries or damages that could be relevant to your case. In a deposition, the lawyer representing the person at fault will ask you questions and your responses are recorded on video by a court reporter or transcribing.

The purpose of these pretrial investigation processes is to allow your lawyer to present an effective and convincing argument to the at-fault party and their insurer, so that you can get an adequate and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases settle however, the majority settles in the course of or following the discovery process, which can often be completed before your case reaches trial.

4. Trial

While the vast majority of car accident cases settle through negotiations outside of court If you and the insurance company do not agree on who is at fault or the amount you should receive for your injuries, your case could be heard in a trial. A trial is an official proceeding in which both sides argue and present evidence to a factfinder who makes an decision on how to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will give your account of the events in opening statements to the jury as well as any other evidence that you have, like images or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents like medical bills and police reports. You may also offer your testimony regarding your memory of the incident and how it impacted your life. Expert witnesses can also testify to support your claims. The attorney representing the defendant may cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will determine at trial whether the plaintiff's injury was caused by the defendant's negligence. They will be examining proximate causes which is a tangled legal concept that lawyers spend countless hours studying in law school. Proximate cause looks at how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury also has to decide the amount of damages you are entitled to. It's also a complicated issue because it depends on the severity of your injuries and the amount to which you've suffered. Your attorney will provide evidence that includes expert testimony regarding the severity of your injuries, lost income and future earnings potential, as also your pain and suffering and impairment.

5. Settlement

Each state has a deadline to settle your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, then you might be required to file a vehicle accident lawsuit in court. It can be time-consuming and expensive, yet it is often necessary to pursue compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and attend hearings. Your attorney will also make legal filings, also known as motions, requesting the court to take actions like excluding certain types of evidence from trial. Settlement negotiations may continue throughout this process, and a majority of car accident civil disputes end before a trial is required to be held.

If they feel that your injury claim is valid and you are willing to go to trial, insurance companies will make an appropriate settlement offer. Additionally, the settlement process is faster and less risky for them than a trial.

Before settling an agreement, it's essential to be aware of the extent of your injuries. You must also have completed all medical treatment. You may not receive additional compensation if you sign a settlement until your doctor has concluded that you have reached the maximum level of improvement in your medical condition. Don't sign a contract before you've spoken with your lawyer regarding your damages. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will scrutinize your medical records as well as other documents to ensure that you are entitled to all of the compensation you're entitled to.