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The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal letter of demand if the insurance company is unable to pay the amount you need for your injuries. This letter will detail all of your economic damages like medical expenses and lost wages as and non-economic losses such as discomfort and pain.

Then the judge or jury will then make a decision. If they come to a decision to your advantage you will be awarded damages. In addition, the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is the most important aspect to obtain compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports like police reports and other official reports.

Your attorney may be able to establish what happened in the accident lawyer by taking photos of the scene, including skid marks or road debris, as well as other physical evidence. Also, keep track of the names and contact numbers of any witnesses who were present at the incident. Witnesses that testify to support your version of what happened is crucial especially as it can be common for drivers to give contradicting versions of what transpired, which results in insurance companies refusing to accept the claim, or even deny the responsibility completely.

Other forms of evidence your lawyer may use include medical records, which could include bills, receipts, diagnosis reports, lab results, discharge guidelines, and other evidence that demonstrates the severity of your injuries. You should get these records as quickly as you can and give copies to your medical professionals.

Another form of evidence your lawyer could make use of is a deposition which is an out-of-court testimonies given under oath and recorded by a court reporter. The lawyer can use this testimony to establish your injuries had a clear, identifiable connection to the accident law firms. This is a good argument to support seeking compensation. Most of the evidence mentioned above can be gathered at the site of the accident or shortly afterwards however, some might not be available until later in the legal process. This is why it's important to consult a highly-credentialed lawyer for car accidents as soon as possible so that they can begin the investigation while vital evidence is still 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 out legal counsel from an expert. A lawyer from a car accident can give you the experience to maximize your compensation.

The first step is to file a complaint in the court, describing the specific claims you're bringing and the amount you're seeking in damages. This document is typically drafted by your attorney and filed with the court and served on the defendant.

The discovery phase begins with both parties able to share information about their defenses and claims. The process can be long and requires both teams to look over a number of documents, including police reports witnesses' statements, police reports and medical records, as well as bills and more. Each side may request interrogatories. These are a series questions which the other side must answer under oath in a specified time frame.

Throughout this process the lawyer will collaborate with medical professionals to ensure they have a complete understanding of the severity of your injuries and the impact they've affected your daily routine. Your lawyer will estimate the total damages. This includes future and past medical expenses as well as lost wages, the pain and suffering of others, and many more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver at fault. This will most likely occur following the conclusion of discovery and prior to trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've suffered significant damage that is not covered by the insurance policy, your case may go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that could aid or hinder your claim. Your attorney will request copies of the documents supporting your case, such as police reports, medical bills and work loss records (e.g. documents from your employer which reveals how long you missed 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 other parties who are not present.

These written discovery tools are circulated back and forth between the attorneys of both sides. They give the opposing party the chance to respond to questions in writing, which have to be sworn to under oath, and to provide copies of certain documents and other information that may be relevant to your case.

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

These pretrial investigation procedures are designed to assist your lawyer develop a convincing case against the responsible party and their insurer in order to negotiate an equitable settlement for all of your damages, expenses and losses. While there is no guarantee that all cases will settle however, the majority of cases settle either during or after the discovery process, which is often be completed prior to the time your case reaches trial.

4. Trial

Trials are possible when you and the insurance company are not in agreement about who is at fault or the amount of compensation you should receive for your injuries. A trial is a formal proceeding where both parties are required to argue and present evidence to a factfinder who will make a decision on how to settle the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the scene or testimony from witnesses, medical professionals, and documents such as police reports and bills. You can also give your testimony regarding your recollection of the incident and how it has changed your life. Expert witnesses can also testify to back your claims. The lawyer representing the defendant can cross-examine the witnesses and object to the admissibility or validity of certain evidence.

In a trial, the jury must decide if the plaintiff's injuries were caused by the defendant's negligence. They will consider the proximate causes, which is a complicated legal concept that law students spend hours studying. Proximate causes considers the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. This is a complicated issue due to the severity of your injuries and the extent of your losses. Your lawyer will present your evidence that includes expert testimony from a witness regarding the severity of your injuries, your lost income, as well as future earnings potential, as well as your pain and suffering disfigurement, impairment, and.

5. Settlement

Every state has a time limit to resolve your claim or file a lawsuit. This is referred to as the statute of limitations. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you could need to file a car accident lawsuit in the court. This could be a lengthy process and expensive, yet it is often required to seek compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and also attend hearings. Your attorney will also make legal filings, also known as motions, requesting the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are resolved before a trial is necessary.

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

It is important to fully understand the extent of your injuries prior to agreeing to an agreement. You must have completed all medical treatments. It is possible to lose additional compensation if you accept an offer of settlement until your doctor has determined that you have attained the level of medical improvement that is the highest. Additionally, you should not sign the release until you've met with your lawyer and received an understanding of all losses. Your attorney will ensure that you do not miss out on valuable compensation. They will carefully examine your medical records and other evidence to make sure that you receive the entire amount of damages to which you are entitled.