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The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official letter of demand if the insurance company refuses to pay the amount you're entitled to for your injuries. This will list all the economic losses you have suffered, such as medical bills and lost wages, and non-economic damages like suffering and pain.

Then a jury or judge will then make a decision. If they make a decision 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 the negligence and liability is key to obtaining compensation for your losses and injuries. Collecting evidence is one the first steps in the litigation process, and it involves gathering evidence, documents, photographs, witness testimony and official reports like police reports.

Photographs of the scene of the accident may help your attorney establish what actually happened in the accident, including the position of both vehicles after impact, skid marks road debris and other physical evidence. Note down the names and contact numbers of any witnesses who witnessed the events. Having witnesses testify that corroborate your version of what happened is crucial, especially since it can be common for drivers to give contradicting versions of what transpired, which can lead to insurance companies refusing to accept the claim or denying the responsibility completely.

Other evidence that your lawyer may use include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge guidelines, and other documents that show the extent of your injuries. It is important to obtain these documents as soon as you can and be sure to send copies to your medical professionals.

Depositions are another form of evidence your lawyer might use. This is an out-of court statement made under oath and later transcribed by a Court Reporter. Your lawyer may utilize the testimony to prove that your injuries have had an immediate and clear connection to the accident and can be used to justify compensation for your damages. While most of the above-mentioned types of evidence are gathered at the accident scene or shortly afterward, some of it might not be accessible until later in the litigation process. This is why it's vital to contact a reputable car accident lawyer as soon as you can so that they can begin the investigation when the evidence is in its most pure form.

2. Filing a Complaint

After the dust has cleared and you've taken care of your injuries, you need to seek legal guidance from an expert. A car accident attorney 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 the court. This will outline your specific claims and the amount you'd like to recover in damages. The document is usually written by an attorney, and filed in the court. It is also delivered to 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 take a long time and both teams may have to look over a variety of documents including police reports and witness statements. They might also have to look at medical records or bills, as well as other documents. Each side can request interrogatories, which are a series of questions the other party must answer under oath, within a specific deadline.

In this stage, your lawyer will also work with doctors to ensure that they have a complete understanding of the extent of your injuries and the impact they have had on your daily life. Your attorney will calculate the total damages you have suffered including the past and future medical costs loss of earnings, suffering and pain, and more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver who is at the fault. This is most likely to occur after the completion of discovery and prior to trial. However, if the insurance company refuses to negotiate a fair settlement or if you've sustained significant losses that aren't covered by the insurance policy, the case could be referred to trial. A jury or judge will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident lawsuit the attorney representing you and the negligent driver's insurance company exchange information that could assist or derail your claim. Your attorney will ask for copies of the documents that support your case, including medical bills, police reports and work loss records (e.g. the records from your employer which reveals how long you missed work because of the accident) photographs of your vehicle, any damages or injuries and other financial information. Your lawyer will also make use of written discovery tools, such as interrogatories request for production, interrogatories and requests for admissions in order to question witnesses and other parties that are not in the case.

These tools for writing discovery are used to exchange information between attorneys on both sides. The written discovery tools give the opposing side a chance to answer questions in writing, which must be answered under oath. They also ask you to provide copies or other information that might be helpful to you.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the accident and anyone with information regarding your injuries or damage that could be crucial to your case. During a deposition, your lawyer of the at-fault person will ask you questions and your answers will be recorded on video by a court reporter or transcribing.

These pretrial investigation processes are designed to help your lawyer develop a convincing case against the responsible party and their insurance company in order to negotiate a fair settlement for all of your damages and losses, costs and expenses. There is no assurance of a settlement in every case, but the majority of cases do so after or during the investigation process, which usually completed before the trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations If you and the insurance company disagree about fault or the amount you are entitled to for your injuries, your case could go to trial. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder, who renders a verdict that resolves 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 have, including images or videos of the accident (mouse click the following article) scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You may also testify about your memory of the incident and how it affected your life. Expert witnesses can also testify to back your claims. The attorney for the defendant can interrogate witnesses and contest the admissibility of certain evidence.

The jury will determine at trial if the plaintiff's injury was caused by the defendant's negligent behavior. They will examine the proximate cause, a complicated legal concept that law students spend hours studying. Proximate causes focuses on the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you're entitled to. This is another complicated issue depending on the severity of your injuries and the severity of your losses. Your attorney will present evidence that includes expert testimony regarding the severity of your injuries, lost income and future earnings potential, as also the extent of your suffering and impairment.

5. Settlement

Each state has a specific legal deadline, also known as the statute of limitations, where you have to settle your claim or file a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you may have to file a car accident lawsuit in the court. It is costly and time-consuming. However, it is often necessary to get compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and also attend hearings. Your lawyer will also submit legal documents, referred to as motions, which ask the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout the entire process, and a lot of car accident civil disputes end before a trial needs to be held.

If they feel that your injury claim is solid and that you are willing to go to trial, insurance companies will make an appropriate settlement offer. Settlements are faster and less risky compared to an in-court trial.

Before settling on an agreement, it's important that you fully understand the severity of your injuries and have completed all medical treatment. If you sign a settlement before your doctor determines that you have reached your maximum medical improvement (MMI) and you are not able to be denied additional compensation. You should also not sign a release until you've had a conversation with your lawyer and received an understanding of all losses. Your lawyer will ensure that you don't miss out on a substantial amount of compensation. They will carefully review your medical records and other documentation to make sure that you get the full amount of damages for which you are eligible.