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The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official letter of demand if the insurance company refuses to provide you with the amount you require for your injuries. The letter will list all of your financial damages such as medical costs and lost wages, as in addition to non-economic damages such as discomfort and pain.

A jury or judge will then make a decision. If they make a decision to your advantage you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving the negligence and liability is key to obtaining compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports, such as police reports, and other official reports.

Photographs of the scene of the accident can aid your lawyer in determining what actually transpired during the crash, including the position of both cars following the collision, skid marks, road debris, and other physical evidence. Take down the names and phone numbers of any witnesses who were present to witness the incident. Witnesses that testify to support your version of what transpired is vital especially as it can be common for drivers to have contradictory versions of what transpired, which can lead to insurance companies refusing to accept the claim or even denying the responsibility completely.

Other evidence forms your lawyer may use include medical records. These could include receipts, bills and diagnosis reports, laboratory results, discharge guidelines, and other documentation that demonstrate the severity of your injuries. You should get these records as soon as you can, and make sure to send copies to your healthcare professionals.

Another form of evidence that your attorney might use is a deposition, which is out-of-court testimony given under oath that is then transcribing by a court reporter. The lawyer can utilize the testimony to prove that your injuries have an immediate and predicable connection to the crash which can help justify compensation for your injuries. While most of the above-mentioned kinds of evidence can be collected 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 important to speak with a well-credentialed car accident lawyer as quickly as possible, so that they can begin an investigation when the evidence is in its most pure form.

2. The process of filing a complaint

After the dust has settled and you've treated your injuries, it's time to seek legal advice from a professional. A lawyer from a car Accident Law Firms can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with court, which details the specific claims you're making and the amount you are seeking in damages. The document is usually written by an attorney and then filed in court. It will also be served to the defendant.

This also begins the discovery phase that allows both sides to exchange information and evidence related to their claims and defenses. The process can be very long and requires both sides to look over a number of documents, including police reports as well as witness statements, medical records, bills and more. Each side can ask for interrogatories, which are a series of questions that the other party must answer under oath by a predetermined time frame.

During this stage, you lawyer will also collaborate with your doctor to get a full picture of your injuries as well as the impact they've caused on your life. Your lawyer will determine your total damages. This includes future and past medical expenses including lost wages, pain and suffering and more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver who is at fault. This is more likely to happen after discovery and prior to trial. If the insurance company is unable to offer a fair settlement or if you've incurred significant damages that are not covered by the insurance policy, the case could be referred to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident lawsuit, where your attorney and the insurance company exchange information that could help or hurt your claim. Your attorney will request copies of documents that support your case. This includes police reports as well as medical bills and work loss documents from your employer (showing how much time you were absent due to the accident), photos of your vehicle damaged or injured, and other financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production, as well as requests for admissions to question witnesses and parties who aren't present in the case.

These tools for discovery in writing are circulated back and forth between the attorneys from both sides. The written discovery tools give the other side an opportunity to answer questions in writing that must be answered under oath. They also ask you to provide copies of other information that may be helpful to you.

Your Long Island car accident attorney will also depose witnesses as well as any other person with information about the damages or injuries you sustained that could be important to your case. During a deposition at-fault party's lawyer will ask you several questions, and your answers will be recorded on video or translated by a court reporter.

These pretrial investigation procedures are designed to help your lawyer develop a convincing case against the person who is at fault and their insurer to get a fair settlement for all your losses, injuries as well as losses, expenses and costs. There is no assurance of a settlement in every case however the majority of cases occur during or after the investigation process, which usually completed prior to the trial.

4. Trial

Trials are possible in cases where you and the insurance company disagree on the source of your fault or the amount of compensation you should be awarded for your injuries. A trial is a formal proceeding where both parties present their arguments and 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 supporting evidence, such as photos or videos of the scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You may also offer your testimony regarding your memories of the incident and how it has changed your life. Expert witnesses can also testify to back your assertions. The lawyer for the defendant may cross-examine witnesses, and argue against the admissibility of certain evidence.

At trial, the jury will decide whether the plaintiff's injuries were caused by the defendant's negligence. They will look at proximate cause which is a tangled legal concept that lawyers spend countless hours studying in law school. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you are entitled to. It's also a complex issue due to the degree of your injuries and the extent to which you've suffered. Your lawyer will present your evidence that includes expert witness testimony on the severity of your injuries, your loss of income, and future earnings potential and your suffering and pain disfigurement, impairment, and.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations by which you must settle your claim or bring a lawsuit. If your lawyer is unable to negotiate a settlement with your insurance company, you may be required to bring a lawsuit to court. This could be a lengthy process and costly, but it is often necessary to pursue compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents called motions that ask the court for specific things such as the exclusion of certain types of evidence during trial. Settlement negotiations can be ongoing during this process. A majority of car accident civil disputes are resolved before trial is required.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you'll be willing to go to trial. The settlement process is also quicker and less risky than an in-court trial.

Before settling an agreement, it is crucial to fully comprehend the severity of your injuries and completed all medical treatments. You could lose out on additional compensation if you accept the settlement before your doctor has determined that you have attained the point of maximum improvement. You should also not sign a contract before you have spoken to your lawyer about your damages. Your lawyer will ensure you don't lose out on the valuable compensation. They will carefully review your medical records and other documentation to make sure that you receive the entire amount of damages to which you are eligible.