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The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount you need for your injuries, our persistent attorneys will prepare a formal demand letter. This letter will detail all of your economic losses such as medical costs and lost wages, as in addition to non-economic damages such as discomfort and pain.

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

1. Gathering Evidence

In a lawsuit that involves an accident in a car, proving negligence is vital to receive compensation for your injuries. Gathering evidence is one of the first steps of the litigation process. it requires gathering documents witnesses' testimony, photographs, and official reports such as police reports.

Your lawyer may be able to establish what happened during the accident by taking photos of the scene, which include skid marks road debris, skid marks and other physical evidence. Also, keep track of the names and contact details of any witnesses who were present at the incident. Witnesses who testify to corroborate your version of what happened is crucial particularly since it can be common for drivers to give contradicting versions of what transpired, which can lead to insurance companies refusing to accept the claim, or even deny responsibility completely.

Other evidence forms your lawyer could use include medical records, which could include bills, receipts and diagnosis reports, laboratory results, discharge instructions, and other documentation that demonstrate the extent of your injuries. You should obtain these records as quickly as possible and provide copies to your medical professionals.

Another type of evidence your lawyer could utilize is a deposition, which is an out-of-court testimonies given under oath and recorded by a court reporter. The lawyer can make use of the testimony to prove that your injuries had a direct and foreseeable connection to the crash, which helps justify requesting compensation for your injuries. While the majority of these kinds of evidence can be taken at the scene of the accident or shortly thereafter however, some evidence may not be available 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. Filing a Complaint

Once the dust has settled and you've treated your injuries, it's the time to seek expert legal advice. A car accident lawyer can give you the experience to maximize your compensation.

The first step is to file an application with the court. It will describe your specific claims as well as the amount of money you'd like to recover in damages. The document is usually written by an attorney, and filed in the court. It will also be delivered to the defendant.

This also begins the discovery phase, which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can be lengthy and requires both sides to examine a variety of documents, including police reports and witness statements, medical records, bills and much more. Each side can request interrogatories, which are a set of questions the other party must answer under oath within a specified date.

During this stage, you lawyer will also work closely with your doctor to get a full picture of your injuries and the impact that they've had on your life. Your lawyer will calculate your total damages. This will include future and past medical expenses including lost wages, suffering and pain, and much more.

Sometimes, your lawyer might be able to reach an agreement with the at fault driver's insurance company. This is more likely to happen after discovery and prior to trial. If the insurance company refuses to settle the claim in a fair manner or if you have incurred significant losses that aren't covered by the insurance policy, your case could be referred to trial. A jury or judge will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is an essential step in any car accident attorneys lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that could assist or derail your claim. Your attorney will ask for copies of documents to support your claim. This includes police reports medical bills, as well as work loss records from your employer (showing how much time you've missed due to the accident), photos of your vehicle and any damages or injuries and other financial details. Your attorney will also make use of documents for discovery in writing, such as interrogatories request for production, interrogatories and requests for admissions in order to question witnesses and other parties who aren't present in the case.

These tools for discovery in writing are distributed back and forth between the attorneys from both sides. They give the opposing party a chance to respond to questions in writing, that must be sworn to under oath, and to provide copies of certain documents or other data that may be relevant to your case.

Your Long Island car accident lawyer will also take depositions of witnesses to the accident and anyone with information regarding your injuries or damage that could be crucial to your case. During a deposition, the lawyer representing the person at fault will ask you questions and your answers could be recorded on video by a court reporter or transcribed.

The goal of these pre-trial investigation procedures is to enable your lawyer to build a strong and compelling case to the party at fault and their insurance company so that you are able to secure an adequate and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case, but most do so after or during the investigation process, which is often completed prior to the trial.

4. Trial

The majority of car accidents settle through negotiations outside of court If you and the insurance company do not agree on who is at fault or how much compensation you are entitled to for your injuries, your case could go to trial. A trial is an official proceeding in which both sides present arguments and evidence before a factfinder who makes a decision on how to settle the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene of the accident as well as testimony from witnesses and medical professionals, or documents like police reports and bills. You can also provide testimony regarding your memory of the incident and how it affected your life. Expert witnesses can also give testimony to support your assertions. The attorney representing the defendant may interrogate witnesses and contest the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's injury was caused by the defendant's reckless behavior. They will examine the proximate cause, a complicated legal concept that law school students spend hours studying. Proximate cause considers 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. It's also a complex matter because it is based on the degree of your injuries and the amount to which you've suffered. Your attorney will present your evidence that includes expert testimony from a witness regarding the severity of your injuries, the loss of income, and future earnings potential, as well as your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state establishes a legal deadline, referred to as the statute of limitations, that you must meet to settle your claim or bring a lawsuit. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, then you might be required to file a vehicle accident lawsuit in court. It can be expensive and time-consuming. However, it is often necessary to get compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where each side exchanges information with each other). Your attorney will also make legal filings, also known as motions, requesting the court to do things like exclude certain types of evidence from trial. Settlement negotiations can continue throughout this process. A lot of car accident civil disputes are resolved before trial is required.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is solid and that you will be willing to go to trial. In addition, the settlement process is faster and less risky than a trial.

Before settling on the settlement, it's important to understand the extent of your injuries and that you have completed all medical treatment. If you sign a settlement before your doctor has determined you have reached your maximum medical improvement (MMI) then you could be denied additional compensation. It is also important not to sign a release until you have spoken with your lawyer about your injuries. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will look over your medical records, and other documents, to ensure that you are entitled to all of the damages that you are entitled to.