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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official letter of demand if the insurance company refuses to pay you the amount you're entitled to for your injuries. This will outline all your financial losses including medical expenses and lost wages, and non-economic damages like suffering and pain.

A judge or jury will then make a decision. If they rule in your favor, they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

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

Your attorney might be able to establish what transpired in the accident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Take down the names and phone numbers of any eyewitnesses that witnessed what transpired. Having witnesses testify that corroborate your account of what transpired is vital particularly since it can be common for drivers to have contradictory stories of what happened. This can lead to insurance companies refusing to accept the claim or deny responsibility altogether.

Medical records can also be utilized by your lawyer in order to prove the severity of your injuries. They could include receipts, bills as well as lab results, diagnosis reports, discharge guidelines and other documents. You should seek these documents as soon as you can and give copies to your healthcare professionals.

A deposition is yet another 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 utilize this testimony to prove that your injuries have an immediate, obvious connection to the accident. This helps to justify the need for compensation. While the majority of the above types of evidence are taken at the scene of the accident or shortly thereafter, some of them may not be accessible until later in the litigation process. It's crucial to speak with a car accident lawyer with the right credentials as soon as you can so that they can begin an investigation when the evidence is in its most natural form.

2. The process of filing a complaint

After the dust has settled and you've treated your injuries, it's the time to seek expert legal advice. A car accident attorney will provide the knowledge and expertise to help you obtain maximum compensation for your claim.

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

The discovery phase starts and allows both parties to exchange information regarding their defenses and claims. The process can take a considerable time, and both teams will require a thorough review of documents like police reports and witness statements. They might also have to look at medical records and bills as well as other documents. Each side may ask for interrogatories, which are a set of questions which the other party must answer under oath within a set time frame.

Throughout this process your lawyer will collaborate with doctors to ensure that they have a complete picture of the severity of your injuries and the impact they have had on your daily life. Your attorney will then calculate your total damages including the future and past medical expenses loss of earnings, pain and suffering and much more.

Your lawyer could be able to reach a settlement agreement with the insurance company of the driver at the fault. This is more likely after discovery and prior to trial. However, if the insurance company refuses to settle the claim in a fair manner or if you have incurred significant losses that aren't covered by the insurance policy, the case could go to trial. A judge or jury will make a decision on the case based upon all of the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident, where your attorney and the negligent driver's insurance company exchange information that may support or damage your claim. Your attorney will request documents that can support your case, including police reports, medical bills as well as work loss records (e.g. documents from your employer that outlines how long you missed work because of the accident), photographs of your car and any injuries or damages and other financial information. Your attorney will also use documents for discovery in writing, such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties that are not present in the case.

These tools for discovery are shared between attorneys on both sides. They give the opposing side the chance to respond to questions in writing, that must be sworn to under oath, and to supply copies of certain documents and other information that could be helpful to your case.

Your Long Island car accident lawyer will also depose people who are witnesses to the accident and anyone with information regarding your injuries or damages that could be relevant to your case. During a deposition the lawyer representing the party at fault will ask you questions and your responses are recorded on video by a court reporter or transcribing.

The pretrial investigation process is designed to help your lawyer create a compelling argument against the person at fault and their insurer in order to obtain an equitable settlement for all your losses, injuries as well as losses, expenses and costs. There is no guarantee of a settlement in every case but the majority of cases do so during or after the investigation process, which is usually completed prior to the trial.

4. Trial

Although the majority of car accidents settle through negotiations outside of court If you and the insurance company disagree about fault or how much compensation you should receive for your injuries, your case could be heard in a trial. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder who makes a ruling which settles the dispute. In personal injury cases the factfinder usually a jury.

During the trial your lawyer will provide your version of the events in your opening statements to the jury along with any supporting evidence you may have, such as photos or video of the accident law Firms scene, testimony from bystanders and medical professionals, and documents like police reports and medical bills. You can also give your testimony about your memories of the incident and how it had an impact on your life. Expert witnesses can also provide testimony to support your assertions. The defendant's lawyer can cross-examine the witnesses and object to admissibility of some evidence.

In a trial, the jury will determine if the plaintiff's injuries were the result of the negligence of the defendant. They will examine the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. This is a complicated issue because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will provide evidence which includes expert testimony regarding the severity of injuries, lost income and future earning potential, as well your suffering and impairment.

5. Settlement

Every state has a deadline by which you can settle your claim, or even file an action. This is referred to as the statute of limitations. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you could be required to file a vehicle accident law firms lawsuit in the court. It can be lengthy and expensive, but it is usually necessary to pursue compensation.

During this procedure you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and be present at hearings. Your lawyer will also file legal documents called motions that ask the court to consider the exclusion of certain types of evidence during trial. Settlement negotiations can go on throughout this process, and a majority of car accident civil disputes end before a trial needs to be held.

If they believe your injury claim is solid and you are willing to go to trial insurance companies will make an appropriate settlement offer. In addition the settlement process is faster and less risky than a trial.

Before agreeing to an agreement, it's important that you fully understand the severity of your injuries and have completed all medical treatment. If you settle before your doctor determines that you have reached maximum medical improvement (MMI), you could not receive additional compensation. Also, you should not sign a release until you've talked to your lawyer and had full understanding of your losses. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will review your medical records as well as other documentation to ensure that you are entitled to all of the compensation you're entitled to.