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The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you need to cover your injuries, our hard-working attorneys will prepare an official demand letter. This will list all the economic losses you have suffered like medical bills and lost wages, as well as other damages that are not economic, like suffering and pain.

A judge or jury will then come to a decision. If they make a decision in your favor you will be awarded damages. In addition, the defendant is required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving negligence and liability is the most important aspect to obtain compensation for your injuries and losses. Collecting evidence is one the first steps in the litigation process, and it involves gathering documents, photographs, witness testimony as well as official reports such as police reports.

Photographs of the scene of the accident can assist your attorney in determining what happened during the crash, including the position of both cars after collision, skid marks, road debris and other evidence that is physical. Note down the names and phone numbers of any witnesses who saw what transpired. It is crucial that witnesses who can confirm the events that were actually happening, as it may often be the case that drivers offer contradictory stories that lead to insurance companies refusing or denying liability.

Medical records can also be utilized by your lawyer in order to prove the severity of your injuries. They could include bills, receipts and lab results, diagnose reports, discharge instructions and other records. You should seek these documents as soon as you can, and make sure to provide copies to your medical professionals.

Another form of evidence that your attorney may make use of is a deposition which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. Your lawyer could make use of the testimony to prove that your injuries have had an immediate and obvious connection to the crash and can be used to justify compensation for your damages. While most of the above-mentioned types of evidence can be obtained at the scene or shortly thereafter but some of the evidence might not be available until later in the litigation process. This is why it's important to talk to a reputable car accident lawyer as soon as you can so that they can begin investigating while vital evidence is still in its purest form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, you need to seek legal advice from an experienced. A car accident attorney (Discover More) can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is to file a complaint in court, which details the specific claims you are making and how much money you're seeking in damages. This document is typically drafted by your attorney, and then filed with the court and Accident Attorney served on the defendant.

The discovery phase starts with both parties able to share information about their claims and defenses. The process can take a long time and both teams may have to look over a variety of documents including police reports and witness statements. They might also need to examine medical documents, bills, and other documents. Each side may demand interrogatories. They are a set of questions that the other party must answer under oath within a set deadline.

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

Your lawyer might be able to reach a settlement deal with the insurance company of the driver who is at fault. This will most likely occur following the conclusion of the discovery process and prior to trial. If the insurance company is unwilling to offer a fair settlement or if the damages are substantial and not covered by insurance, then you may be required to appear in court. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that may aid or hinder your claim. Your attorney will ask for copies of the documents that support your case, such as police reports, medical bills, work loss records (e.g., from your employer which reveals how long you missed work due to the accident), photographs of your vehicle and any injuries or damage as well as other financial information. Your attorney could also make use of written discovery tools, such as interrogatories and requests for production to question parties and witnesses who are not present.

These written discovery tools are distributed back and forth between the attorneys on 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 specific documents or other information which could be beneficial to your case.

Your Long Island car accident attorney will also interview witnesses and anyone who has information regarding your injuries or damages that could be vital to your case. During a deposition, the attorney representing the at-fault party will ask you several questions, and your responses will be recorded on video or transcribed by a court reporter.

These pre-trial investigation procedures are designed to assist your lawyer develop a convincing case against the at-fault person and their insurer in order to obtain an equitable settlement for all of your damages or losses, as well as expenses. Although there is no guarantee that all cases settle, the majority do during or after the discovery process, which may be completed prior to the time your case is brought to trial.

4. Trial

While the vast majority of car accidents settle through out-of-court negotiations, if you and the insurance company do not agree on who is at fault or the amount of compensation you are entitled to for your injuries, your case may go to trial. A trial is an official proceeding in which both parties present arguments and evidence before 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 the lawyer will present your version of events in opening statements to the jury along with any supporting evidence you have, such as images or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You can also provide testimony regarding your memories of the incident and how it has changed your life. Expert witnesses are also able to testify in support of your assertions. The defendant's lawyer can cross-examine witnesses and object to the admissibility of evidence.

The jury will decide during trial whether the plaintiff's injury was caused by the defendant's reckless behavior. They will consider proximate cause which is a tangled legal concept that lawyers spend many hours studying in law school. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also decide how much compensation you're entitled to. This is a thorny issue, as it depends on how severe your injuries are and the extent of your losses. Your lawyer will present evidence that includes expert testimony about the severity of injuries as well as lost income and future earning potential, as well the extent of your suffering and impairment.

5. Settlement

Each state has a deadline by which you can settle your claim or bring a lawsuit. This is referred to as the statute of limitations. If your lawyer cannot come to a deal with the insurer, you may have to bring a lawsuit to court. It's costly and time-consuming, but this is often required to seek compensation.

During this process the Long Island personal injury lawyer will participate in discovery (a formal process in which parties exchange information with the other side) and will attend hearings. Your lawyer will also file legal documents called motions that ask the court to consider not allowing certain types of evidence at trial. Settlement negotiations can continue throughout the entire process, and a lot of civil disputes arising out of car accidents will end before a trial has to be held.

If they believe that your claim is valid and you are willing to go to trial Insurance companies will offer an appropriate settlement offer. Additionally, the settlement process is more efficient and less risky for them than a trial.

It is important to understand your injuries before you agree to the settlement. You must also have completed all medical treatment. You may not receive additional compensation if you accept the settlement until your physician has confirmed that you have achieved the level of medical improvement that is the highest. Also, you should not sign a release before you've spoken with your lawyer about your injuries. Your lawyer will ensure you do not get a poor deal on compensation. They will review your medical records, and other documents to ensure that you are entitled to all compensation you're entitled to.