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The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount you require for your injuries, our hard-working attorneys will prepare a formal demand letter. This letter will detail all of your economic damages such as medical expenses and lost wages, as in addition to non-economic damages such as discomfort and pain.

Then a judge or jury will decide. If they decide to your advantage, you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is key to obtaining compensation for your injuries and losses. The gathering of evidence is one of the first steps in the litigation process, and it requires gathering documents including photographs, witness statements, and official reports, such as police reports.

Your lawyer might be able to determine what happened during the accident by taking photos of the scene, which include skid marks and road debris as well as other physical evidence. Take down the names and contact numbers of any witnesses who were present to witness the events. Having witnesses testify that corroborate your version of events is important especially as it can be common for drivers to have conflicting accounts of what happened that causes insurance companies to refuse to accept the claim, or even deny the responsibility completely.

Other evidence that your lawyer may use include medical records, which can include bills, receipts diagnostic reports, lab results, discharge instructions, and other evidence that demonstrates the severity of your injuries. You should get these records as soon as you can and send copies to your healthcare providers.

Another form of evidence your lawyer could utilize is a deposition, which is out-of-court testimony given under oath that is then transcribing by a court reporter. The lawyer can use the testimony to establish that your injuries have an immediate and clear connection to the crash and, therefore, can justify the need for compensation for your damages. While most of the above-mentioned types of evidence are taken at the scene of the accident or accident lawyer soon afterward, some of them may not be accessible until later in the litigation process. This is the reason it's essential to talk to a reputable car accident lawyer as soon as you can, so they can begin investigating when the evidence is in its purest form.

2. Making a Complaint

When the dust has cleared and you have tended to your injuries, it's time to seek out legal counsel from an expert. A car accident lawyer can offer you the knowledge to maximize your compensation.

The first step is filing an application with the court. The complaint will detail your specific claims and the amount you'd like to claim in damages. The document is usually written by an attorney and then filed in court. It will also be served on the defendant.

The discovery phase starts and allows both parties to share information about their defenses and claims. The process can take a considerable time and both teams may be required to examine a large number of documents, including police records and witness statements. They might also need to review medical records and bills as well as other documents. Each side may request interrogatories. These are a series questions which the other side has to answer under oath in a specified time frame.

In this phase, your lawyer will also work closely with your doctor to get a full picture of your injuries as well as the impact that they've had on your life. Your attorney will then calculate the total damages you have suffered that include future and past medical expenses, lost earnings, pain and suffering, and more.

Your lawyer could be able to negotiate a settlement with the insurance company of the driver at fault. It is likely to take place after the completion of the discovery process and prior to trial. However, if the insurance company is unable to provide a fair settlement or if you've suffered significant damages that are not covered by the insurance policy, your case could go to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident the attorney representing you and the negligent driver's insurance company exchange information that could help or hurt your claim. Your attorney will ask for copies of documents to prove 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 due to the accident) photographs of your vehicle and any damages or injuries and financial information. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to inquire about witnesses and parties who are not present.

These tools for writing discovery are shared between attorneys on both sides. They give the opposing party the opportunity to answer questions in writing, which must be sworn to in oath and to provide copies of certain documents or other data that may be relevant to your case.

Your Long Island car accident lawyer will also take depositions of witnesses to the accident as well as anyone with information on your injuries or damages that could be important to your case. During a deposition, accident lawyer your lawyer representing the person at fault will ask you questions and your answers are recorded on video by a court reporter or transcribing.

The pretrial investigation process is designed to assist your lawyer construct a compelling case against the person who is at fault and their insurer in order to obtain a fair settlement for all your injuries and losses, costs and expenses. There is no guarantee of a settlement in each case however, most will settle during or following the investigation process, which is often concluded prior to the trial.

4. Trial

Trials can be arranged in situations when you and the insurance company are not in agreement on fault or the amount of compensation you should be awarded for your injuries. A trial is an official process in which both parties present arguments and evidence before a factfinder who makes a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any supporting evidence, such as photos or videos of the scene, testimony from witnesses and medical professionals, documents like police reports and bills. You may also testify on your personal memories of the incident and how it impacted your life. Expert witnesses can also give evidence to back up your assertions. The lawyer of the defendant may cross-examine the witnesses and object to the admissibility of evidence.

At trial, the jury will 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 will spend hours studying. Proximate cause looks at the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you should receive. This is a thorny issue due to how severe your injuries are and the severity of your losses. Your lawyer will present your evidence, including expert witness testimony regarding the severity of your injuries, the loss of income, and future earnings potential in addition to your suffering and pain, disfigurement, and impairment.

5. Settlement

Every state has a deadline by which you can settle your claim or bring an action. This is referred to as the statute of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may need to file a car accident lawsuit in court. It can be lengthy and costly, however it is usually required to seek compensation.

During the discovery procedure, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a procedure that is formal in which both sides exchange information with one another). Your attorney will also prepare legal documents, also known as motions, requesting the court to do things like exclude certain types of evidence from trial. Settlement negotiations can continue throughout the entire process, and a lot of civil disputes arising from car accidents end before a trial needs to be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is solid and that you will be willing to take the case to trial. In addition settlement is quicker and less risky for them than a trial.

Before settling an agreement, it's crucial to fully comprehend the severity of your injuries. You must also have completed all medical treatment. If you settle before your doctor has determined you have reached your maximum medical improvement (MMI), you could not receive additional compensation. You should also not sign a release until you have consulted with your lawyer about the damages. Your lawyer will ensure that you don't lose out on the valuable compensation. They will carefully review your medical records as well as other documents to ensure that you get the full amount of damages to which you are entitled.