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The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount you require for your injuries, our hard-working attorneys will prepare an official demand letter. This letter will detail all of your financial damages like medical expenses and lost wages as well as non-economic damages like pain and discomfort.

A judge or jury will then come to a decision. If they decide in your favor, they will give you damages and the defendant must pay them.

1. Gathering Evidence

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

Your attorney might be able to establish what happened during the accident by taking pictures of the scene, including skid marks or road debris, as well as other physical evidence. Record the names and contact details of any witnesses who were present to witness what transpired. It is essential that witnesses corroborate the events that were actually happening, as it may often be the case that drivers provide contradictory stories that lead to insurance companies refusing to accept or deny responsibility.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injuries. These documents could include bills, receipts and lab results, diagnose reports, discharge directions and other documents. You should obtain these records as quickly as possible and provide copies to your medical professionals.

A deposition is yet another type of evidence your lawyer could use. This is an out-of court testimony given under oath. It is then translated by a court reporter. Your lawyer may utilize this testimony to prove that your injuries had a direct, foreseeable link to the accident. This will help justify requesting compensation. While most of the above-mentioned types of evidence are obtained at the scene or shortly thereafter however, some evidence may not be accessible until later in the litigation process. It is essential to contact a car accident lawyer with the right credentials as soon as you can so that they can begin an inquiry while the evidence is still in its most pure form.

2. Filing a complaint

After the dust has settled, and you've taken care of your injuries, you should seek legal advice from a professional. An attorney who has handled car accidents will provide the knowledge and expertise to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint with court, which outlines the specific claims you're bringing and the amount of money you're seeking in damages. The document is usually written by an attorney and then filed in the court. It will also be served to the defendant.

This also begins the discovery phase, which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can be long and requires both teams to look over a number of documents, including police reports as well as witness statements medical records, bills and more. Each side may request interrogatories. These are a series questions that the other side must answer under oath within the specified timeframe.

Throughout this process your lawyer will work with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they have affected your daily routine. Your lawyer will then calculate the total damages you have suffered including the past and future medical costs, lost earnings, suffering and pain, and more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver at fault. This is most likely to occur after the completion of discovery and before trial. 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, the case could go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an essential step in any car accident attorney case. This is when your attorney and the negligent insurance company of the driver share information that could either support or derail your claim. Your attorney will request copies of the documents that support your case. This includes police reports as well as medical bills and work loss documents from your employer (showing how much time you missed due to the accident), photos of your vehicle as well as any injuries or damages, and other financial information. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to question witnesses and parties who are not present.

These discovery tools written in writing are circulated back and forth between attorneys of both sides. They provide the opposing party a chance to respond to questions in writing, that must be answered under oath, and to provide copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident lawyer will also depose witnesses to the collision and anyone who has information about your injuries or damages that could be pertinent to your case. During a deposition, the at-fault party's lawyer will ask you several questions, and your answers will be recorded on video or translated by a court reporter.

The goal of these pre-trial investigation procedures is to allow your lawyer to create an argument that is convincing and persuasive to the responsible party and their insurer, so that you can secure a fair and complete settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case however, the majority of cases do so after or during the investigation process, which usually completed prior to the trial.

4. Trial

Trials can be arranged in situations when you and the insurance company do not agree about who is at fault or the amount of compensation you should receive for your injuries. A trial is a formal procedure where both sides submit arguments and evidence to a factfinder, who makes a decision that settles the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it including photos or videos of the scene of the accident or testimony from witnesses, medical professionals, as well as documents such police reports and bills. You may also testify on your personal memories of the incident and how it affected your life. Expert witnesses can also offer evidence to support your assertions. The lawyer representing the defendant can cross-examine the witnesses and object to the admissibility of certain evidence.

In a trial, the jury has to determine if the plaintiff's injuries were the result of the negligence of the defendant. They will look at proximate cause which is a tangled legal concept that lawyers spend countless hours studying in law school. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you are entitled to. This is a thorny issue depending on the severity of your injuries and the extent of your losses. Your lawyer will present evidence, including expert testimony, about the severity of your injuries loss of income, future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations, by which you must settle your claim or make a claim. If your lawyer cannot reach a settlement with the insurer, you could be required to make a court filing. This can be time consuming and costly, but it is often required to seek compensation.

During this procedure the Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and be present at hearings. Your attorney will also file legal documents, known as motions, which ask the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can be ongoing during this process. A majority of car accident law Firms civil disputes are settled prior to a trial.

If they feel that your injury claim is solid and that you are willing to go to trial, insurance companies will make a fair settlement offer. The settlement process is also quicker and less risky than a court trial.

It is essential to fully understand your injuries prior to committing to the settlement. You should also have completed all medical treatment. It is possible to lose additional compensation if you accept an offer of settlement until your doctor has determined that you have reached the maximum level of improvement in your medical condition. It is also important not to sign a release before you have spoken to your lawyer regarding your damages. Your attorney will ensure that you don't be denied compensation that is valuable. They will carefully examine your medical records and other documents to ensure that you receive the entire amount of damages to which you are entitled.