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The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount you require for your injuries, our determined attorneys will prepare an official demand letter. This will list all the economic losses you have suffered, such as medical bills and lost wages, as well as non-economic damages, like pain and suffering.

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

1. Gathering Evidence

In a lawsuit that involves a car accident, proving negligence is crucial in obtaining 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.

Photographs of the scene of the accident can help your attorney establish what actually transpired during the crash, including the position of both vehicles after impact, skid marks road debris and other physical evidence. Note down the names and contact numbers of any witnesses who saw the events. It is crucial to have witnesses who can confirm the events that took place, as it can often happen that drivers offer contradictory statements that result in insurance companies denying or refusing the liability.

Other evidence that your lawyer might use include medical records, which may include receipts, bills diagnose reports, lab results, discharge guidelines, and other documents that show the extent of your injuries. You should get these records as soon as you can and give copies to your healthcare providers.

Another form of evidence that your attorney could employ is a deposition which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. The lawyer can use this evidence to prove your injuries have a direct, foreseeable link to the accident. This will help justify seeking compensation. While most of the above-mentioned kinds of evidence can be collected at the scene of the accident or shortly thereafter but some of the evidence might not be accessible until later in the litigation process. This is why it's crucial to consult a highly-credentialed car accident lawyer as soon as possible, so that they can begin the investigation as evidence is in its most pure form.

2. Making a Complaint

After the dust has cleared and you've taken care of your injuries, it's best to seek legal guidance from an expert. A car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with the court, describing the specific claims that you are making and the amount of money you are seeking in damages. This type of document is typically drafted by an attorney, and filed in the court. It is also served to the defendant.

This also triggers the discovery phase, which allows both sides to exchange information and evidence that is related to their claims and defenses. The process can be very long and requires both parties to examine a variety of documents, including police reports witnesses' statements, police reports, medical records, bills and more. Each side is able to request interrogatories. These are a set of questions that the other side must answer under oath in the timeframe specified.

During this stage, you lawyer will also collaborate with doctors to get an accurate picture of your injuries and the impact that they've caused on your life. Your attorney will then calculate the total damages you have suffered that will include the future and past medical expenses, Accident Lawyer lost earnings, pain and suffering, and more.

Sometimes, your lawyer may be able to reach an agreement with the responsible driver's insurance company. This is more likely following discovery, but before trial. If the insurance company doesn't agree to a fair settlement or if your losses are significant and are not covered by insurance, then you might be required to appear in court. A jury or judge will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is when your attorney and the negligent insurer of the driver exchange information that could support or undermine your claim. Your attorney will request copies of documents to prove your case. These include police reports medical bills, work loss records from your employer (showing the length of time you've missed due to the accident) photos of your vehicle and any damages or injuries and financial information. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to question witnesses and other parties who are not present.

These documents are shared between attorneys on both sides. They provide the opposing party an opportunity to reply to questions in writing, which must be sworn to under oath, and to provide copies of certain documents and other information that could be helpful to your case.

Your Long Island car accident lawyer will also take depositions of witnesses to the accident and 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 answers will be recorded on video by a court reporter or transcribed.

These pretrial investigation procedures are designed to help your lawyer build a compelling argument against the person at fault and their insurer to negotiate a fair settlement for all of your injuries and losses, costs and expenses. There is no assurance of a settlement in each case but the majority of them do so during or after the investigation process, accident Lawyer which is typically concluded prior to the trial.

4. Trial

While the vast majority of car accident cases settle through out-of-court negotiations however, if you and your insurance company disagree about fault or how much compensation you should receive for your injuries, your case may be heard in a trial. A trial is a formal proceeding where both sides submit arguments and evidence to a factfinder, who makes a decision that resolves the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will be able to give your account of the events in opening statements to the jury, as well as any other evidence you may have, such as images or videos of the accident lawsuits scene, witness testimony from witnesses and medical professionals, and documents such as medical bills and police reports. You can also offer testimony regarding your memory of the incident and how it has had an impact on your life. Expert witnesses can also testify to support your assertions. The attorney representing the defendant may cross-examine witnesses, and argue against the admissibility of specific evidence.

In a trial, jurors must decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will look at proximate cause an intricate legal concept that lawyers spend many hours studying during law school. Proximate cause looks at how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. This is a complicated issue depending on how severe your injuries are and the extent of your losses. Your attorney will present your evidence including expert testimony from a witness regarding the severity of your injuries, your lost income, and future earnings potential and your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state has a specific deadline by which you can settle your claim or bring an action. This is referred to as the statutes of limitations. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you could have to file a car accident lawsuit in the court. It can be lengthy and costly, however it is often necessary to pursue compensation.

During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure where parties exchange information with the other side) and will attend hearings. Your attorney will also make legal filings, also known as motions, asking the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can continue during this process. A lot of car accident civil disputes are settled before trial is required.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and you'll be willing to take the case to trial. In addition the settlement process is more efficient and less risky than a trial.

Before agreeing to the settlement, it's crucial to fully comprehend the extent of your injuries and completed all medical treatments. You could lose out on additional compensation if you accept a settlement until your doctor has concluded that you have reached the point of maximum improvement. Also, you should not sign a release until you have spoken with your lawyer about your damages. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will scrutinize your medical records, and other documents, to ensure that you receive all damages that you are entitled to.