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The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount you need to cover your injuries, our tenacious attorneys will prepare a formal demand letter. The letter will outline all of your economic losses like medical expenses and lost wages as in addition to non-economic damages such as discomfort and pain.

A judge or jury will then take a call. If they decide in your favor, they will award you damages and the defendant will be required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving liability and negligence is essential to receive compensation for your losses and injuries. Collecting evidence is one the first steps of the litigation process, and it requires gathering documents witnesses' testimony, photographs and official reports, such as police reports.

Your lawyer might be able to establish what happened during the accident by taking pictures of the scene, including skid marks, road debris and other physical evidence. Also, take note of the names and contact details of any eyewitnesses who saw what transpired. It is crucial that witnesses to verify the events that occurred, as it can often be the case that drivers provide contradictory accounts that lead to insurance companies refusing or denying the liability.

Medical records can also be utilized by your lawyer to establish the severity of your injury. These records could include bills, receipts, lab results, diagnosis reports, discharge instructions and other forms of documentation. You should get these documents as soon as is possible and ensure that you give copies to your healthcare professionals.

A deposition is a different type of evidence that your attorney could make use of. This is an out-of court statement made under oath and later translated by a court reporter. Your lawyer could use the testimony to prove that your injuries have an immediate and predicable connection to the accident, which helps justify requesting compensation for your damages. The majority of the evidence mentioned above is available at the site of the accident or soon after but some of it may not be available until later in the litigation. This is why it's important to consult a highly-credentialed car accident lawyer as quickly as possible so that they can begin the investigation as evidence is in its most pure form.

2. Making a complaint

Once the dust has settled and you've treated your injuries, it's time to seek legal advice from a professional. A car accident lawyer can give you the experience to maximize your compensation.

The first step is filing a complaint with the court. The complaint will detail your specific claims as well as the amount you'd like to recover in damages. The document is usually written by your attorney and filed with the court and served to the defendant.

The discovery phase begins by allowing both parties to exchange information about their defenses and claims. The process can take a long time and requires both sides to review many documents, including police reports witnesses' statements, police reports, medical records, bills and much more. Each side can demand interrogatories. They are a series of questions the other party must answer under oath, within a specific time frame.

In this stage, your lawyer will also collaborate with medical professionals to ensure they have a complete understanding of the severity of your injuries as well as the impact they've affected your daily routine. Your lawyer will determine your total damages. This will include future and past medical expenses including lost wages, pain and suffering and more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver who is at the fault. This is more likely to occur after discovery and before the trial. If the insurance company is unable to negotiate a fair settlement or if you have incurred significant damages that are not covered by the insurance policy, your case could be referred to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident case. It is the point at which your attorney and the negligent insurer of the driver exchange information that could support or undermine your claim. Your attorney will request documents that can support your case, such as police reports, medical bills, work loss records (e.g. the records from your employer that outlines how much time you missed work due to the accident) photographs of your vehicle, any damage or injuries, and other relevant financial information. Your lawyer will also make use of written discovery tools like interrogatories and requests for production, as well as requests for admissions to interview witnesses and other parties that are not in the case.

These written discovery tools are sent back and forth between attorneys for both sides. They give the opposing side a chance to respond to questions in writing, which must be sworn to in oath and to supply copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the accident, as well as anyone who has information about your injuries or damages that could be pertinent to your case. During a deposition, the lawyer representing the person at fault will ask you questions and your answers are recorded on video by an official court reporter or recorded.

These pre-trial investigation procedures are designed to assist your lawyer build a compelling case against the person who is at fault and their insurance company in order to get an equitable settlement for all of your injuries as well as losses, expenses and costs. Although there is no guarantee that all cases settle however, the majority of cases settle during or after the discovery process, which can often be completed before the case reaches trial.

4. Trial

Although the majority of car accident cases are settled through informal negotiations, if you and the insurance company disagree about fault or the amount you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal process where both sides submit arguments and evidence to a factfinder, who issues a decision that settles the issue. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence including 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 can also offer testimony regarding your memory of the incident and how it had an impact on your life. Expert witnesses can also testify to support your assertions. The attorney representing the defendant may cross-examine witnesses, and argue against the admissibility of specific evidence.

The jury will decide at trial whether the plaintiff's injury was the result of the defendant's negligent behavior. They will consider the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate causes considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine how much damages you will be awarded. It's also a complex issue because it depends on the extent of your injuries and the amount to which you've suffered. Your lawyer will present your evidence including expert witness testimony regarding the severity of your injuries, your loss of income, as well as future earnings potential as well as your suffering and pain disfigurement, impairment, and.

5. Settlement

Each state has a specific deadline within which you can resolve your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer is not able to come to a deal with the insurance company, you may be required to bring a lawsuit to court. It is costly and time-consuming, but this is often required to seek compensation.

During this process, your 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 lawyer will also make legal filings, also known as motions, asking the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can continue throughout this process. A lot of civil disputes are settled prior to a trial.

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

Before settling an agreement, it is crucial to fully comprehend the extent of your injuries and completed all medical treatments. You could be denied additional compensation if you accept the settlement until your physician has determined that you have reached the maximum medical improvement. Also, you should not sign a release until you have met with your lawyer and have a complete understanding of your damages. Your attorney will ensure that you do not lose out on the valuable compensation. They will go through your medical records as well as other documentation, to ensure that you receive all compensation you're entitled to.