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The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount of money you require for your injuries, our persistent lawyers will draft an official demand letter. This letter will detail all of your financial losses such as medical expenses and lost wages as well as non-economic damages such as pain and discomfort.

Then a jury or judge will take a call. If they rule in your favor you are awarded damages and the defendant must pay them.

1. Gathering Evidence

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

Your attorney might be able to determine what transpired in the accident by taking photographs of the scene, including skid marks and road debris as well as other physical evidence. Take down the names and contact numbers of any witnesses who witnessed the events. Witnesses who testify to corroborate your version of what happened is crucial as it could be common for drivers to give contradicting accounts of what happened that results in insurance companies refusing to accept the claim or denying responsibility completely.

Medical records can also be used by your lawyer to establish the severity of your injury. These records could include receipts, bills laboratory results, diagnosis reports, discharge instructions, and other documentation. You should seek these records as soon as possible, and make sure to give copies to your healthcare providers.

Another form of evidence that your attorney might use is a deposition, which is out-of-court testimony given under oath, and then transcribed by a court reporter. Your lawyer could use this testimony to establish your injuries have an immediate, obvious connection to the accident. This helps to justify seeking compensation. Most of the evidence mentioned above can be obtained at the site of the accident or within a short time however some evidence may not be available until much later in the legal process. This is the reason it's essential to consult a highly-credentialed lawyer for car accidents as soon as possible so that they can begin investigating while the crucial evidence is in its purest form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, it's time to seek legal advice from a professional. A car accident lawyer 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're bringing and the amount you're seeking in damages. This document is typically drafted by your attorney, and then 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 that is related to their defenses and claims. The process can be long and requires both teams to examine a variety of documents, including police reports and witness statements, medical records, bills and much more. Each side may request interrogatories, which are a series of questions that each party must answer under oath within a specified date.

In this stage, your lawyer will also work with doctors to ensure that they have a complete picture of the extent of your injuries and the impact they've had on your daily life. Your attorney will then calculate your total damages that will include past and future medical expenses as well as lost earnings, pain and suffering and much more.

Sometimes, your lawyer might be able to negotiate an agreement with the at fault driver's insurance company. This is more likely after discovery and prior to trial. However, if the insurance company is unable to negotiate a fair settlement or if you've incurred significant damage that is not covered by the insurance policy, your case may go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit (just click the following web page) where your lawyer and the insurance company of the negligent driver company exchange information that could support or damage your claim. Your attorney will ask for copies of the documents that support your case, such as police reports, medical bills or work-related loss records (e.g. documents from your employer that outlines the amount of time you were absent from work because of the accident) photos of your vehicle and any injuries or damages as well as other financial information. Your lawyer will also make use of documents for discovery in writing, such as interrogatories, requests for production and requests for admissions in order to question witnesses and other parties that aren't present in the case.

These written discovery tools are shared between attorneys on both sides. They give the opposing party an opportunity to reply to questions in writing, which need to be sworn to in oath and to supply copies of specific documents or other information that could be helpful to your case.

Your Long Island car accident attorney will also question witnesses and any other person with information about your injuries or damages that could be crucial to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your responses are recorded on video by the court reporter or translated.

These pretrial investigation procedures are designed to help your lawyer build a compelling case against the responsible party and their insurance company in order to secure a fair settlement for all your injuries as well as losses, expenses and costs. There is no assurance of a settlement in every case however the majority of them occur during or after the investigation process, which is usually completed before the trial.

4. Trial

While the vast majority of car accidents settle through negotiations outside of court, if you and the insurance company do not agree on who is at fault or how much compensation you are entitled to for your injuries, your case could go to trial. A trial is a formal hearing where both sides present arguments and evidence to a factfinder who renders a verdict that settles the dispute. In personal injury cases the factfinder is usually a jury.

During the trial your lawyer will be able to provide your version of the events in your opening statements to the jury, and any supporting evidence that you have, like pictures or videos of accident lawsuits scene, testimony from bystanders and medical professionals, and documents like medical bills and police reports. You can also offer testimony regarding your memories of the incident and how it had an impact on your life. Expert witnesses can also testify to back your assertions. The lawyer of the defendant may cross-examine witnesses and challenge to the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's injuries was the result of the defendant's reckless behavior. They will look at proximate causes, a complex legal concept that law students spend hours studying. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also decide how much compensation you're entitled to. It is also a complicated issue due to the extent of your injuries and the degree to which you've suffered. Your lawyer will present evidence that includes expert testimony regarding the severity of injuries loss of income, future earning potential, in addition to your pain and suffering and impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations that you must meet to settle your claim or start a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you could have to file a car accident lawsuit in the court. It can be costly and time-consuming, but it is often necessary to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where both sides exchange information with the other). Your lawyer will also file legal documents known as motions to request the court for specific things such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue throughout this process. A lot of car accident civil disputes are resolved prior to a trial.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is strong and that you will be willing to go to trial. Additionally the settlement process is more efficient and less risky than a trial.

Before agreeing to the settlement, it's essential to be aware of the severity of your injuries and completed all medical treatments. If you settle before your doctor has determined you have reached your maximum medical improvement (MMI) then you could be denied additional compensation. You should also not sign a settlement agreement before you have spoken to your lawyer about the damages. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will look over your medical records, as well as other documentation, to ensure that you are entitled to all the damages for which you qualify.