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The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you need for your injuries, our hard-working lawyers will draft an official demand letter. It will detail all your economic damages such as medical bills and lost wages, and other damages that are not economic, like pain and suffering.

Then the judge or jury will then make a decision. If they rule in your favor they will make you a victim and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit involving an accident in a car, proving negligence is vital to receive compensation for your injuries. Gathering evidence is among the initial steps in the litigation process. it involves gathering documents such as photographs, witness testimony and official reports such as police reports.

Photographs of the scene of the accident can aid your lawyer in determining what happened during the accident, including the position of both cars following the impact, skid marks, road debris, and other physical evidence. Also, take note of the names and contact details of any eyewitnesses who witnessed what happened. It is important to have witnesses corroborate the events that occurred, as it can often be the case that drivers will give contradictory stories that lead to insurance companies refusing or denial of the liability.

Medical records can also be utilized by your lawyer to prove the severity of your injuries. These documents could include receipts, bills as well as lab results, diagnosis reports, discharge directions and other documents. You should get these documents as soon as is possible and send copies to your healthcare professionals.

A deposition is a different type of evidence that your attorney may use. It's an out-of court testimony under oath, and then transcribing by a Court Reporter. Your lawyer can make use of the testimony to prove the fact that your injuries had an immediate and predicable connection to the crash and, therefore, can justify the need for the compensation you deserve for your damages. While most of the above-mentioned kinds of evidence can be obtained at the scene or shortly afterward but some of the evidence might not be accessible until later in the litigation process. This is why it's vital to talk to a reputable lawyer for car accidents as soon as you can so that they can begin investigating as evidence is in its most pure form.

2. Making a Complaint

Once the dust has settled and you've treated your injuries, it's time to seek professional legal advice. An attorney for car accidents can provide the necessary expertise to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint with the court. It will describe your specific claims as well as the amount of money you wish to recover in damages. This document is usually drafted by an attorney, and filed in court. It will also be served on the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and evidence related to their defenses and claims. The process can take a long time and both teams will require a thorough review of documents, including police reports and witness statements. They might also need to look at medical records as well as bills and other documents. Each side may request interrogatories, which are a series of questions which the other party must answer under oath within a specified date.

In this phase, your lawyer will also collaborate with medical professionals to obtain a full picture of your injuries as well as the impact that they've caused on your life. Your attorney will calculate your total damages that will include the past and future medical costs loss of earnings, pain and suffering and much more.

Your lawyer may be able come to a settlement agreement with the insurance company of the driver who is at the fault. This is most likely to occur after the completion of the discovery process and prior to trial. If the insurance company is unwilling to offer an equitable settlement, or if the damages are important and not covered by insurance, then you could be required to go to trial. A jury or judge will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident lawyers, where your attorney and the insurance company of the negligent driver company exchange information that could help or hurt your claim. Your attorney will ask for documents that can support your case, including medical bills, police reports or work-related loss records (e.g. the records from your employer showing the amount of time you were absent from work because of the accident) photos of your vehicle as well as any injuries or damages or other pertinent financial information. Your attorney may also use written discovery tools, such as interrogatories and requests for production to inquire about witnesses and witnesses who are not present.

These tools for writing discovery are used to exchange information between attorneys on both sides. They give the opposing party the opportunity to answer questions in writing, which must be sworn to under oath, and to supply copies of specific documents or other information that may be relevant to your case.

Your Long Island car accident attorney will also question witnesses and anyone who has information regarding your injuries or damages which could be vital to your case. During a deposition the lawyer of the at-fault person will ask you questions and your responses could be recorded on video by a court reporter or transcribed.

These pretrial investigation procedures are designed to help your lawyer build a compelling case against the at-fault person and their insurance company in order to negotiate an equitable settlement for all your losses, injuries or losses, as well as expenses. Although there is no assurance that all cases will settle but the majority settle either during or after the discovery process, which can often be completed prior to the time your trial.

4. Trial

Although the 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 of compensation you should receive for your injuries, the case may be heard in a trial. A trial is a formal proceeding where both sides present arguments and evidence to a factfinder who makes a ruling that settles the issue. In personal injury cases, the factfinder is typically a jury.

During the trial the lawyer will present your version of events in your opening statements to the jury along with any supporting evidence you have, including pictures or videos of accident scene, witness testimony from bystanders and medical professionals, as well as documents such as police reports and medical bills. You may also testify about your memories of the incident and how it affected your life. Expert witnesses are also able to testify in support of your claims. The defendant's lawyer can cross-examine the witnesses and object to the admissibility or validity of certain evidence.

The jury will decide at trial whether the plaintiff's injury was the result of the defendant's negligence. They will consider the proximate causes, which is a complicated legal concept that law students have to spend hours studying. Proximate causes analyzes the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury also has to decide the amount of damages you are entitled to. This is another complicated issue due to how severe your injuries are and the extent of your losses. Your attorney will present your evidence including expert witness testimony on the severity of your injuries, your loss of income, as well as future earnings potential and your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state has a specific legal deadline, referred to as the statute of limitations, that you must meet to settle your claim or file a lawsuit. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you might require filing a car Accident Law Firm lawsuit in the court. This could be a lengthy process and costly, however it is often required to seek compensation.

During this process you and your 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 referred to as motions to request the court for certain things, such as excluding certain types of evidence at trial. Settlement negotiations can be ongoing during this process. A majority of car accident civil disputes are settled before a trial is necessary.

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

It is crucial to fully understand your injuries before you agree to a settlement. You must also have completed all medical treatment. You could lose out on additional compensation if settling the settlement before your doctor has determined that you have reached the level of medical improvement that is the highest. Also, you should not sign a release until you've had a conversation with your lawyer and have an understanding of all losses. Your lawyer will ensure that you don't miss out on valuable compensation. They will scrutinize your medical records and other documents to ensure that you are entitled to all of the compensation you're entitled to.