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The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you need for your injuries, our tenacious attorneys will prepare a formal demand letter. The letter will list all of your economic damages such as medical costs and lost wages as well as 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 be able to award you damages, and the defendant has to pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident may aid your lawyer in determining what actually transpired in the collision, including the positions of both cars after impact, skid marks, road debris, and other physical evidence. Also, take note of the names and contact information of any witnesses who were present at what occurred. It is crucial to have witnesses who can confirm the events that occurred, as it can often happen that drivers provide contradictory statements that result in insurance companies refusing or denial of responsibility.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injury. These records could include receipts, bills, lab results, diagnosis reports, discharge instructions and other documents. You should obtain these records as soon as possible and be sure to provide copies to your healthcare providers.

Another form of evidence your lawyer could make use of is a deposition which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. The lawyer can make use of this testimony to prove your injuries have an immediate, obvious connection to the accident. This helps to justify requesting compensation. Although the majority of the above kinds of evidence can be gathered at the accident scene or shortly afterward, some of them may not be available until later in the litigation process. It's important to contact a lawyer for car accidents with the right credentials as soon as you can so that they can begin an inquiry while the evidence is in its most pure form.

2. Filing a complaint

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

The first step is to file a complaint in court, which outlines the specific claims that you're bringing and the amount you are seeking in damages. The document is usually written by your attorney and filed with the court and served on the defendant.

This also triggers the discovery phase which allows both parties to exchange information and evidence related to their defenses and claims. The process can be long and requires both parties to review many documents, including police reports as well as witness statements medical records, invoices and much more. Each side may ask for interrogatories, which are a series of questions the other party must answer under oath within a set date.

Throughout this stage, your lawyer will also collaborate with medical professionals to ensure they have a complete understanding of the seriousness of your injuries and the impact they've affected your daily routine. Your lawyer will calculate the total damages. This includes future and past medical expenses as well as lost wages, 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. This is most likely to occur after the completion of the discovery process and prior to trial. If the insurance company is unwilling to offer a fair settlement or if the damages are significant and are not covered by insurance, then you may be required to appear in court. A jury or judge will make a decision in the case based on all the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit in which your attorney and the negligent driver's insurance company exchange information that could help or hurt your claim. Your attorney will ask for copies of the documents supporting your case, such as medical bills, police reports, work loss records (e.g. the records from your employer showing how long you missed work because of the accident) photos of your vehicle, any injuries or damages or other pertinent financial information. Your attorney may also use documents for discovery in writing, accident Lawsuit such as interrogatories and requests for production to question witnesses and parties who are not present.

The written discovery tools are sent back and forth between attorneys from both sides. Written discovery tools allow the other side an opportunity to respond to questions in writing which must be answered under oath. They also ask you to provide copies of other information which could be useful to you.

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

These pre-trial investigation procedures are designed to help your lawyer construct a compelling case against the responsible party and their insurer in order to get an equitable settlement for all your losses, injuries as well as losses, expenses and costs. There is no guarantee of a settlement in each case but the majority of cases do so after or during the investigation process, which is usually done prior to trial.

4. Trial

Although the majority of car accident cases are resolved through informal negotiations, if you and the insurance company do not agree on who is at fault or the amount of compensation you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal process in which both sides present their arguments and evidence to the factfinder, who makes an decision on how to resolve the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any evidence supporting it like photos or videos of the scene, testimony from witnesses and medical professionals, or documents like police reports and bills. You can also testify about your memory of the incident, and how it affected your life. Expert witnesses can also give testimony to support your claims. The lawyer for the defendant can interrogate witnesses and object to the admissibility of certain evidence.

In a trial, the jury must decide if the plaintiff's injuries were the result of the negligence of the defendant. They will consider proximate cause an intricate legal concept that lawyers spend countless hours studying during law school. Proximate cause examines the relationship between the actions of the defendant and the plaintiff's injuries.

A jury is also required to decide how much compensation you're entitled to. This is a more complicated matter depending on the severity of your injuries and the extent of your losses. Your attorney will present evidence that includes expert testimony about the severity of your injuries that resulted in loss of income and earning potential, as well your pain and suffering as well as impairment.

5. Settlement

Each state has a specific deadline to settle your claim or bring a lawsuit. This is referred to as the statutes of limitations. If your lawyer is not in a position to negotiate a satisfactory settlement with the insurance company, you may have to file a car accident lawsuit in the court. It is costly and time-consuming. However, it is often required to seek compensation.

During this process, your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and will attend hearings. Your lawyer will also make legal filings, also known as motions, asking the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout the process, and many civil disputes arising out of car accidents will end before a trial has to be held.

Insurance companies are more likely to make fair settlement offers if they believe your claim for injury is solid and you'll be willing to go to trial. Settlement is quicker and less risky than a court trial.

It is vital to be aware of your injuries prior to committing to a settlement. It is also important to have completed all medical treatment. If you accept a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI) and you are not able to be denied additional compensation. Additionally, you should not sign an agreement until you have had a conversation with your lawyer and received an accurate understanding of your damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will scrutinize your medical records, and other documentation to ensure that you receive all the damages for which you qualify.