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The First Steps in Car Accident Litigation

If the insurance company is refusing to provide the amount of money you need to cover your injuries, our hard-working attorneys will prepare an official demand letter. It will detail all your financial losses including medical expenses and lost wages, and accident attorney non-economic damages, like suffering and pain.

Then a jury or judge will decide. If they rule in your favor they will make you a victim and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is the most important aspect to obtain compensation for your injuries and losses. The gathering of evidence is one of the first steps of the process of litigation, and it involves gathering evidence, documents witnesses' testimony, photographs and official reports, such as police reports.

Your lawyer might be able to determine the circumstances of the accident by taking photographs of the scene, including skid marks and road debris as well as other physical evidence. Also, take note of the names and contact details of any eyewitnesses who witnessed the incident. It is essential that witnesses to verify the events that occurred, as it can often happen that drivers give contradictory stories that lead to insurance companies refusing or denial of the responsibility.

Other evidence forms your lawyer could use include medical records. These could include receipts, bills diagnose reports, lab results, discharge instructions and other evidence that proves the extent of your injuries. You should obtain these records as soon as possible, and make sure to give copies to your medical professionals.

A deposition is another form of evidence that your attorney can make use of. It is a non-in court testimony given under oath and later transcribing by a Court Reporter. The lawyer can use the testimony to establish that your injuries had an immediate and obvious connection to the crash and, therefore, can justify the need for the compensation you deserve for your damages. Most of the evidence discussed above is available at the scene of the accident or shortly afterwards but some of it may not be available until later in the legal process. It's important to contact an attorney for car accidents with the right credentials as soon as you can so they can begin an inquiry while the evidence is in its purest form.

2. Filing a complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal guidance from an expert. A car accident attorney can provide the expertise needed to ensure that you receive 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 the amount you are seeking in damages. This type of document is typically drafted by an attorney and filed in the court. It will also be served to the defendant.

This also initiates the discovery phase that allows both sides to exchange information and evidence that is related to their claims and defenses. The process can be lengthy and requires both parties to review many documents, including police reports as well as witness statements medical records, bills and much more. Each side can request interrogatories. These are a series questions that the other side has to answer under oath within an agreed upon timeframe.

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

Sometimes, your lawyer might be able to reach a settlement with the at-fault driver's insurance company. This is likely to occur following the conclusion of discovery and before trial. If the insurance company does not agree to a fair settlement, or if your losses are significant and not covered by insurance, then you could have to go to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident lawsuits, where your attorney and the negligent driver's insurance company exchange information that could support or damage your claim. Your attorney will request copies of documents to support your claim. These include police reports medical bills, work loss records from your employer (showing how much time you've missed due to the accident) photographs of your vehicle and any damages or injuries and financial information. Your attorney may also employ written discovery tools, such as interrogatories and requests for production to inquire about parties and Accident Attorney witnesses who are not present.

These documents are exchanged between attorneys from both sides. The written discovery tools provide the opposing party a chance to respond to questions in writing that must be answered under oath. It also allows you to provide copies of other information that could be helpful to you.

Your Long Island car accident attorney will also question witnesses and anyone who has information regarding your injuries or damages that could be important to your case. During a deposition lawyer for the person who is at fault will ask you various questions, and your answers will be recorded on video, or transcribed by a court reporter.

The purpose of these pre-trial investigation procedures is to allow your lawyer to build a strong and compelling case against the at-fault party as well as their insurer in order that you can get an adequate and fair settlement for your losses, injuries and expenses. Although there is no guarantee that all cases will settle however, the majority of cases settle either during or after the discovery process, which can often be completed before the trial.

4. Trial

Although the majority of car accidents settle through out-of-court negotiations If you and the insurance company aren't in agreement on the cause or the amount of compensation you are entitled to for your injuries, the case may be heard in a trial. A trial is an official proceeding in which both parties are required to argue their case and provide evidence before the factfinder, who makes an decision on how to resolve the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any evidence supporting it including photos or videos of the accident scene, testimony from witnesses and medical professionals, and documents such as police reports and bills. You can also testify about your memories of the incident, and how it impacted your life. Expert witnesses can also testify to support your assertions. The lawyer representing the defendant can cross-examine witnesses and challenge to admissibility of some evidence.

The jury will decide in the trial whether the plaintiff's injury was the result of the defendant's reckless behavior. They will be examining proximate causes which is a complex legal concept that lawyers spend many hours studying in law school. Proximate causes considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. It's a difficult issue due to the severity of your injuries and the extent to which you've suffered. Your lawyer will present evidence that includes expert testimony about the severity of injuries, lost income and future earning potential, as well as the extent of your suffering and impairment.

5. Settlement

Every state has a deadline by which you can settle your claim or bring a lawsuit. This is known as the statute of limitations. If your lawyer cannot negotiate a settlement with your insurer, you could be required to start a lawsuit in the courtroom. It can be lengthy and expensive, but it is usually necessary to pursue compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where both sides exchange information with each other). Your attorney will also submit legal documents, referred to as motions, which ask the court to do things like excluding certain types of evidence from trial. Settlement negotiations may continue throughout this process. A lot of car accident civil disputes are resolved before trial is required.

If they believe your injury claim is solid and you are willing to go to trial Insurance companies will offer an acceptable settlement offer. Additionally settlement is quicker and less risky for them than a trial.

Before agreeing to an agreement, it's important to understand the extent of your injuries and have completed all medical treatments. You could be denied additional compensation if settling the settlement before your doctor has determined that you have attained the maximum medical improvement. Don't sign a release until you have spoken with your lawyer and received an accurate understanding of your losses. Your lawyer will make sure 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 receive all compensation you're entitled to.