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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter in the event that the insurance company refuses to pay you the amount you're entitled to for your injuries. This letter will provide a detailed description of your financial damages such as medical expenses and lost wages, as in addition to non-economic damages such as pain and discomfort.

Then the judge or jury will then make a decision. If they decide in your favor, they will be able to award you damages, and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident, proving negligence is vital to obtaining compensation for your injuries. Collecting evidence is one the initial steps in the litigation process. it involves gathering evidence, documents witnesses' testimony, photographs as well as official reports, such as police reports.

Photographs of the scene of the accident might aid your lawyer in determining what actually happened in the collision, including the location of both vehicles after impact, skid marks, road debris and other physical evidence. Record the names and contact details of any witnesses who saw what happened. Witnesses that testify to support your account of events is important especially as it can be common for drivers to give contradicting versions of what transpired, which results in insurance companies refusing to accept the claim or deny responsibility completely.

Other evidence that your lawyer may use include medical records, which could include receipts, bills diagnostic reports, lab results, discharge instructions, and other documents that show the severity of your injuries. It is important to obtain these records as soon as you can and give copies to your healthcare providers.

A deposition is a different type of evidence that your attorney could utilize. This is an out-of court testimony under oath, which is then recorded by a Court Reporter. Your lawyer may make use of the testimony to prove that your injuries have had an immediate and predicable connection to the crash, which helps justify requesting the compensation you deserve for your damages. Most of the evidence discussed above can be obtained at the scene of the accident or shortly afterwards however some evidence may not be available until later in the litigation. This is why it's crucial to contact a reputable car accident lawyer as quickly as you can, so they can begin the investigation while the crucial evidence is in its most pure form.

2. Making a Complaint

Once the dust has settled and you have tended to your injuries, it's time to seek out legal counsel from an expert. 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 in the court, describing the specific claims you are making and the amount you are seeking in damages. This document is typically drafted by your lawyer and filed with the court and then served on the defendant.

This also initiates the discovery phase, which allows both sides to exchange information and evidence related to their defenses and claims. The process can take a long duration and both teams will need to review a lot 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 can request interrogatories. These are a series questions that the other side must answer under oath within an agreed upon timeframe.

In this phase your lawyer will work with doctors to ensure that they have a complete understanding of the severity of your injuries as well as the impact they've affected your daily routine. Your attorney will then calculate the total damages you have suffered, which will include the past and future medical costs, lost earnings, pain and suffering, and more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver at the fault. It is likely to occur following the conclusion of discovery, but before trial. However, if the insurance company is unable to settle the claim in a fair manner or if you've suffered significant losses that aren't covered by the insurance policy, your case may go to trial. A judge or jury will make a decision in the case based on all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will seek copies of all documents to support your claim. This includes police reports as well as medical bills and work loss documents from your employer (showing the amount of time you've missed due to the accident) photos of your vehicle and any damages or injuries as well as other financial data. Your attorney can also make use of written discovery tools, such as interrogatories and accident law Firms (125.141.133.9) requests for production to ask questions of witnesses and parties who are not present.

These discovery tools written in writing are sent back and forth between the attorneys for both sides. The written discovery tools give the opposing side a chance to respond to questions in writing that need to be answered under oath. It also allows you to provide copies of other information that might be useful to you.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the collision, as well as any person who has information about your injuries or damages that could be important to your case. In a deposition, the lawyer representing the person at fault will ask you questions and your answers could be recorded on video by a court reporter or transcribed.

The goal of these pre-trial investigation procedures is to allow your lawyer to present an argument that is persuasive and strong to the responsible party and their insurer so that you are able to secure a full and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case, but the majority of cases occur during or after the investigation process, which is typically concluded prior to the trial.

4. Trial

Trials can be arranged in situations where you and the insurance company disagree on the source of your fault or the amount of compensation you should receive for your injuries. A trial is a formal proceeding in which both sides argue and present evidence to a factfinder who will make 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 that occurred during the trial. This will include any supporting evidence, such as photos or videos of the scene of the accident witness testimony, statements from witnesses and medical professionals, or documents like police reports and bills. You may also testify about your memories of the incident and how it affected your life. Expert witnesses can also testify to support your assertions. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of certain evidence.

At trial, the jury must determine if the plaintiff's injuries were caused by the negligence of the defendant. They will be looking at proximate causes, a complex legal concept that law school students spend hours studying. Proximate causes examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you're entitled to. It's a difficult issue because it depends on the severity of your injuries and the extent to which you have suffered. Your attorney will present evidence which includes expert testimony about the severity of your injuries as well as lost income and future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Each state has a specific legal deadline, commonly referred to as the statute of limitations, in which you must settle your claim or make a claim. If your lawyer is not able to reach a settlement with the insurance company, you may be required to bring a lawsuit to court. It can be expensive and time-consuming. However, it is usually required to obtain compensation.

During this procedure you and your Long Island personal injury lawyer will be involved in discovery (a formal process where each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents known as motions that ask the court to consider excluding certain types of evidence at trial. Settlement negotiations may continue throughout 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 are willing to take the case to trial. Additionally the settlement process is more efficient and less risky than a trial.

Before settling an agreement, it's essential to be aware of the extent of your injuries and accidents that you 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 not be eligible for additional compensation. Don't sign a release until you have consulted with your lawyer about your injuries. Your lawyer will make sure that you don't lose out on valuable compensation. They will go through your medical records, and other documents, to ensure that you receive all of the compensation you're entitled to.