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The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal letter of demand if the insurance company refuses to provide you with the amount you require for your injuries. This will list all your financial losses, such as medical bills and lost wages, and non-economic damages, like suffering and pain.

A judge or jury will then take a call. If they decide to your advantage you will be awarded damages. In addition, the defendant will be required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving 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 including police reports and other official reports.

Photographs of the scene of the accident may help your attorney establish what actually transpired in the accident, including the position of both vehicles after impact, skid marks, road debris and other evidence that is physical. Take down the names and contact details of any witnesses who witnessed what happened. It is important to have witnesses confirm the events were actually happening, as it may often happen that drivers will give contradictory stories that lead to insurance companies refusing to accept or deny the responsibility.

Other forms of evidence your lawyer could use include medical records, which can include receipts, bills, diagnosis reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. It is essential to get these records as soon as you can, and also provide copies to your healthcare providers.

Another type of evidence that your attorney might use is a deposition, which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. The lawyer can make use of the testimony to prove that your injuries have had an immediate and clear connection to the accident, which helps justify requesting the compensation you deserve for your damages. While the majority of the above kinds of evidence can be gathered at the accident scene or within a short time after but some of the evidence might not be available until later in the litigation process. This is why it's crucial to consult a highly-credentialed car accident lawyer as soon as you can so that they can begin investigating when the evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, it's time to seek professional legal advice. A car accident attorney will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is to file a complaint in the court, describing the specific claims that you're making and how much money you're seeking in damages. The complaint is typically written by your lawyer and filed with the court and served on the defendant.

The discovery phase begins, allowing both parties to share information about their claims and defenses. The process can take a long time and requires both teams to review many documents, including police reports as well as witness statements medical records, invoices and much more. Each side can request interrogatories, which are a set of questions that each party must answer under oath within a set time frame.

Throughout this stage, your lawyer will also collaborate with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they have affected your daily routine. Your attorney will calculate your total damages, which will include past and future medical expenses as well as lost earnings, suffering and pain, and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver who is at the fault. This is more likely following discovery and prior to trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've incurred significant losses that aren't covered by the insurance policy, your case may move forward to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that may assist or derail your claim. Your attorney will ask for copies of the documents that support your case, including police reports, medical bills, work loss records (e.g. documents from your employer which reveals the amount of time you were absent from work because of the accident) photos of your vehicle as well as any injuries or damage and other financial information. Your attorney will also use written discovery tools like interrogatories, requests for production and requests for admissions to interview witnesses and parties who are not present in the case.

These written discovery tools are shared between attorneys on both sides. Written discovery tools allow the opposing side an opportunity to respond to questions in writing which must be answered under oath. It also allows you to provide copies of other information which could be helpful to you.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the accident and anyone who has information about your injuries or damages that could be pertinent to your case. In a deposition, the lawyer representing the at-fault party will ask you questions, and your answers will be recorded on video by the court reporter or translated.

These pretrial investigation procedures are designed to help your lawyer develop a convincing argument against the person at fault and their insurance company in order to negotiate a fair settlement for all of your injuries, expenses and losses. There is no assurance of a settlement in each case however, most do so after or during the investigation process, which is often completed prior to the trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations however, if you and your insurance company aren't in agreement on the cause or the amount you should receive for your injuries, your case may be heard in a trial. A trial is an official process in which both parties present their arguments and evidence to an impartial factfinder who takes a decision to resolve the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial the lawyer will provide your version of the events in your opening statements to the jury as well as any other evidence you have, including images or videos of the accident (mouse click the next article) scene, witness testimony from people who witnessed the accident 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 changed your life. Expert witnesses can also testify to support your claims. The defendant's attorney can interrogate witnesses and contest the admissibility of specific evidence.

At trial, the jury will decide whether 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 students spend hours studying. Proximate cause looks at the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also decide the amount of damages you're entitled to. It is also a complicated issue because it depends on the extent of your injuries and the amount to which you've suffered. Your attorney will present evidence which includes expert testimony about the severity of your injuries loss of income, future earning potential, in addition to your pain and suffering as well as impairment.

5. Settlement

Each state has a specific deadline by which you can settle your claim, or even file a lawsuit. This is known as the statutes of limitations. If your lawyer is not 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 is costly and time-consuming. However, it is often necessary to seek compensation.

During the process of discovery, accident your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which both sides exchange information with one another). Your attorney will also submit legal documents, referred to as motions, requesting the court to take actions like exclude certain types of evidence from trial. Settlement negotiations can go on throughout the entire process, and many car accident lawyers civil disputes end before a trial can be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is legitimate and that you'll be willing to take the case to trial. Additionally settlement is quicker and less risky for them than a trial.

It is crucial to understand your injuries prior to committing to a settlement. You should also have completed all medical treatment. If you accept a settlement before your doctor has determined you have reached your maximum medical improvement (MMI), you could not be eligible for additional compensation. Also, accident you should not sign a settlement agreement before you have spoken with your lawyer about your injuries. Your lawyer will make sure that you do not lose out on the valuable compensation. They will carefully review your medical records and other evidence to ensure that you receive the entire amount of damages for which you are entitled.