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The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount of money you need for your injuries, our hard-working attorneys will prepare an official demand letter. This will list all your financial losses like medical bills and lost wages, and non-economic damages like suffering and pain.

Then a judge or jury will take a call. If they come to a decision to your advantage, you will be awarded damages, and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving the negligence and liability is key to obtaining compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports including police reports and other official reports.

Photographs of the scene of the accident could help your attorney establish what actually transpired during the collision, including the positions of both vehicles after collision, skid marks, road debris and other physical evidence. Note down the names and phone numbers of any witnesses who saw the incident. Witnesses who testify to corroborate your account of what transpired is vital as it could be common for drivers to give contradicting reports of what happened, which can lead to insurance companies refusing to accept the claim or denying responsibility altogether.

Medical records can also be utilized by your lawyer to prove the severity of your injury. These documents could include bills, receipts laboratory results, diagnosis reports, discharge directions and other forms of documentation. You should get these records as quickly as you can, and also provide copies to your healthcare providers.

Another form of evidence that your attorney may employ is a deposition which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. Your lawyer can make use of this testimony to prove your injuries had a direct, foreseeable link to the accident. This is a good argument to support the need for compensation. Most of the evidence discussed above can be gathered at the site of the crash or shortly after, but some may not be available until much later in the litigation. This is the reason it's essential to speak with a well-credentialed car accident lawyer as soon as possible, so that they can begin an investigation when the evidence is in its most pure form.

2. Making a Complaint

After the dust has settled and you have tended to your injuries, it's the time to seek expert legal advice. A car accident lawyer (Recommended Browsing) can give you the experience to maximize your compensation.

The first step is to file an application with the court. This will outline your specific claims as well as the amount of money you'd like to recover in damages. This document is typically drafted by your attorney, and then filed with the court and served on the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence pertaining to their claims and defenses. The process can take a considerable time and both teams may have to look over a variety of documents including police reports and witness statements. They might also have to review medical records as well as bills and other documents. Each side may require interrogatories. These are a set of questions the other party must answer under oath, within a specific time frame.

During this stage, you lawyer will also collaborate with medical professionals to obtain an accurate picture of your injuries and the impact that they've had on your life. Your lawyer will then estimate your total damages, which will include future and past medical expenses, lost 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. It is likely to occur following the conclusion of the discovery process and prior to trial. If the insurance company is unwilling to offer an acceptable settlement, or if the damage is important and not covered by insurance, you may need to go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident, where your attorney and the insurance company of the negligent driver company exchange information that could assist or derail your claim. Your attorney will request copies of documents that support your case. These documents include police reports medical bills, as well as work loss records from your employer (showing the amount of time you've missed because of the accident) photos of your vehicle as well as any injuries or damages and other financial details. Your attorney may also employ tools for writing discovery, such interrogatories and requests for production to ask questions of parties and witnesses who are not present.

These tools for discovery in writing are circulated back and forth between attorneys on both sides. The written discovery tools give the opposing side an opportunity to answer questions in writing that must be answered under oath. It also allows you to provide copies or other information that might be useful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the collision and anyone with information regarding your injuries or damages that could be relevant to your case. During a deposition lawyer representing the party at fault will ask you an array of questions and your responses will be recorded on video or transcribing by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to present a strong and compelling case to the party at fault and their insurer so that you can secure an equitable and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case however, the majority of cases do so during or after the investigation process, which is usually completed before the trial.

4. Trial

The majority of car accident cases are resolved through informal negotiations, if you and the insurance company disagree about fault or how much compensation you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder who issues a decision which settles the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any supporting evidence including photos or videos of the scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You can also give your testimony regarding your memories of the incident and how it has changed your life. Expert witnesses can also offer evidence to back up your assertions. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of evidence.

The jury will determine at trial if the plaintiff's injury was caused by the defendant's negligent behavior. They will be looking at the proximate causality, a nebulous legal concept that law students will spend hours studying. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. This is a more complicated matter because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will present evidence which includes expert testimony about the severity of injuries as well as lost income and future earning potential, as well your pain and Accident suffering and impairment.

5. Settlement

Every state has a deadline to settle your claim, or even file an action. This is referred to as the statutes of limitations. If your lawyer cannot reach a settlement with the insurer, you could be required to make a court filing. It can be lengthy and expensive, yet it is often necessary to pursue compensation.

During the discovery procedure, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where both sides exchange information with the other). Your attorney will also submit legal documents, referred to as motions, which ask the court to do things such as excluding certain types evidence from trial. Settlement negotiations can continue throughout this process. A lot of civil disputes are resolved prior to a trial.

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

It is essential to fully understand the extent of your injuries prior to agreeing to the settlement. You should also have completed all medical treatments. You could be denied additional compensation if you sign a settlement until your doctor has confirmed that you have achieved the maximum level of improvement in your medical condition. Also, you should not sign a release until you have consulted with your lawyer regarding your damages. Your lawyer will make sure that you don't miss out on a substantial amount of compensation. They will carefully examine your medical records and other documentation to make sure that you receive the entire amount of damages for which you are entitled.