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The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount you need for your injuries, our persistent lawyers will draft an official demand letter. The letter will outline all of your economic damages such as medical expenses and lost wages, as also non-economic damages such as pain and discomfort.

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

1. Gathering Evidence

In a lawsuit that involves a car accident, proving negligence is vital in obtaining compensation for your injuries. Gathering evidence is among the first steps in the litigation process, and it involves gathering documents including photographs, witness statements, and official reports like police reports.

Photographs of the scene of the accident lawyers may help your attorney establish what actually happened in the crash, including the position of both vehicles after collision, skid marks, road debris and other evidence that is physical. Also, note the names and contact information of any eyewitnesses who saw what happened. Witnesses who testify that confirm your account of what happened is crucial as it could be common for drivers to give contradicting stories of what happened. This results in insurance companies refusing to accept the claim, or even deny responsibility completely.

Medical records can also be used by your lawyer to demonstrate the severity of your injuries. These documents could include receipts, bills as well as lab results, diagnosis reports, discharge guidelines and other documents. You should obtain these records as quickly as you can, and also provide copies to your healthcare providers.

Another form of evidence your attorney may make use of is a deposition which is an out-of court testimony delivered under oath, and then transcribed by a court reporter. Your lawyer can utilize the testimony to prove that your injuries have an immediate and obvious connection to the accident, which helps justify requesting compensation for your damages. While the majority of the above types of evidence can be taken at the scene of the accident or soon afterward however, some evidence may not be available until later in the litigation process. It is essential to contact an attorney in the case of a car crash with the appropriate credentials immediately to start an inquiry while the evidence is still in its most natural form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, it's the time to seek professional legal advice. A lawyer who has handled car accidents can provide you with the expertise to maximize your compensation.

The first step is to file a complaint with the court, describing the specific claims you're bringing and how much money you're seeking in damages. This form is usually prepared by an attorney, and filed in court. It will also be delivered to the defendant.

The discovery phase begins and allows both parties to exchange information about their defenses and claims. The process can be very long and requires both parties to look over a number of documents, including police reports as well as witness statements medical records, bills and much more. Each side can ask for interrogatories, which are a set of questions which the other party must answer under oath within a set time frame.

During this stage, you lawyer will also work closely with doctors to gather an accurate picture of your injuries as well as the impact they've affected your life. Your lawyer will estimate your total damages. This will include future and past medical expenses and lost wages, as well as suffering and pain and suffering, and more.

Your lawyer could be able to reach a settlement agreement with the insurance company of the driver who is at the fault. It is likely to be the case following the completion of discovery and before trial. However, if the insurance company is unable to negotiate a fair settlement or if you've suffered significant losses that aren't covered by the insurance policy, your case may 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 an essential step in any car accident law Firms case. This is the time when your attorney and the negligent insurance company of the driver exchange information that could help or derail your claim. Your attorney will ask for documents that can support your case, including police reports, medical bills and work loss records (e.g. documents from your employer showing how long you missed work due to the accident) photos of your vehicle and any injuries or damages, and other relevant financial information. Your attorney can also make use of written discovery tools, such as interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These tools for discovery are exchanged between attorneys from both sides. They give the opposing side an opportunity to reply to questions in writing, which have to be answered under oath, and to provide copies of certain documents or other data that could be useful to your case.

Your Long Island car accident lawyer will also depose witnesses to the accident attorneys, as well as anyone with information regarding your injuries or damages that could be important to your case. During a deposition the lawyer representing the at-fault party will ask you questions and your answers will either be recorded on video by a court reporter or transcribed.

The goal of these pretrial investigation processes is to help your lawyer to present an effective and convincing argument to the party at fault and their insurer, so that you can get a full and fair settlement for your injuries, losses and expenses. Although there is no guarantee that all cases will settle, the majority do at the end of or following the discovery process, which can be completed before the trial.

4. Trial

Trials are possible in cases where you and the insurance company are not in agreement regarding the fault of the other party or the amount you are entitled to for your injuries. A trial is a formal process where both sides submit arguments and evidence to a factfinder who makes a decision which settles the dispute. In personal injury cases the factfinder is usually a jury.

During the trial your lawyer will be able to explain your story in opening statements to the jury, along with any supporting evidence you have, including images or videos of the accident scene, testimony from witnesses and medical professionals, and documents like medical bills and police reports. You can also testify regarding your memory of the incident, and how it impacted your life. Expert witnesses can also give evidence to support your claims. The lawyer for the defendant can cross-examine witnesses and object to admissibility of some evidence.

At trial, jurors must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will look at the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you will be awarded. It is also a complicated issue due to the extent of your injuries and the extent to which you've suffered. Your lawyer will provide evidence including expert testimony about the severity of injuries as well as lost income and future earnings potential, as also your pain and suffering as well as impairment.

5. Settlement

Each state sets a legal deadline, Accident Law firms commonly referred to as the statute of limitations, by which you must settle your claim or start a lawsuit. If your lawyer can't negotiate a settlement with your insurer, you might have to start a lawsuit in the courtroom. It can be lengthy and expensive, but it is often required to seek compensation.

During this process the Long Island personal injury lawyer will be involved in discovery (a formal procedure in which parties exchange information with the other side) and be present at hearings. Your lawyer will also file legal documents, referred to as motions asking the court for things like excluding certain types of evidence in trial. Settlement negotiations can be ongoing during this process. A majority of car accident civil disputes are resolved prior to a trial.

If they feel that your injury claim is solid and that you are willing to go to trial Insurance companies will offer an acceptable settlement offer. Additionally the settlement process is quicker and less risky than a trial.

It is important to understand the extent of your injuries prior to agreeing to a settlement. You must have completed all medical treatment. If you sign a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI) it is possible to miss out on additional compensation. Don't sign a settlement agreement before you've spoken with your lawyer about the damages. Your lawyer will ensure that you do not be denied compensation that is valuable. They will carefully review your medical records and other documents to make sure that you get the full amount of damages for that you are eligible.