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The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you require for your injuries, our persistent lawyers will draft an official demand letter. It will detail all your financial losses like medical bills and lost wages, and other damages that are not economic, like suffering and pain.

Then, a judge or jury will take a call. If they rule in your favor, you will be awarded damages, and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is key to obtaining compensation for your injuries and losses. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports, like police reports, and other official reports.

Your lawyer might be able to determine what happened during the accident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Note down the names and contact numbers of any eyewitnesses that witnessed the events. It is essential that witnesses who can confirm the events that were actually happening, as it may often happen that drivers will give contradictory stories that lead to insurance companies refusing or denying liability.

Medical records can also be used by your lawyer in order to prove the extent of your injury. They could include receipts, bills as well as lab results, diagnosis reports, discharge instructions, and other documents. You should get these records as quickly as you can and give copies to your healthcare providers.

Another type of evidence your attorney may make use of is a deposition which is out-of-court testimony given under oath and recorded by a court reporter. Your lawyer may use this evidence to prove your injuries had an obvious, predicable connection to the accident. This can be used to justify the need for compensation. The majority of the evidence mentioned above can be collected at the scene of the accident or within a short time however some evidence may not be available until much later in the litigation. It is crucial to contact a car accident lawyer with the right credentials immediately so they can begin an inquiry while the evidence is still in its most pure form.

2. Making a complaint

Once the dust has settled and you have tended to your injuries, it's the 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 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 document is usually drafted by your attorney, and then filed with the court and served on the defendant.

This also triggers the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can be very long and requires both teams to look over a number of documents, including police reports as well as witness statements, medical records, bills and much more. Each side can request interrogatories. These are a series of questions that the other side has to answer under oath in an agreed upon timeframe.

In this phase, your lawyer will also work closely with medical professionals to obtain an accurate picture of your injuries as well as the impact that they've affected your life. Your attorney will then calculate the total damages you have suffered that include future and past medical expenses loss of earnings, pain and suffering and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the at fault driver's insurance company. This will most likely take place after the completion of discovery, but before trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've suffered significant damage that is not covered by the insurance policy, the case could be referred to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that could support or damage your claim. Your attorney will request copies of documents that support your case, including medical bills, police reports and work loss records (e.g. an email from your employer showing how long you missed work because of the accident) photos of your vehicle as well as any injuries or damage, and other relevant financial information. Your attorney will also make use of documents for discovery in writing, such as interrogatories, requests for production and requests for admissions to interview witnesses and other parties that aren't present in the case.

These tools for discovery are exchanged between attorneys on both sides. The tools for writing discovery give the opposing side a chance to answer questions in writing which must be answered under oath. It also allows you to provide copies or other information that could be useful to you.

Your Long Island car accident law firms attorney will also question witnesses and any other person with information about the damages or injuries you sustained that could be crucial to your case. During a deposition, the lawyer representing the person at fault will ask you questions and your responses will either be recorded on video by an official court reporter or recorded.

The purpose of these pre-trial investigation procedures is to help your lawyer to create an effective and convincing argument against the at-fault party as well as their insurance company so that you are able to secure a full and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case however the majority of them do so after or during the investigation process, which is typically completed prior to the trial.

4. Trial

While the vast majority of car accidents settle through negotiations outside of court however, if you and your insurance company disagree about fault or how much compensation you should receive for your injuries, the case may be heard in a trial. A trial is a formal process where both parties are required to present their arguments and evidence to an impartial factfinder who takes a decision to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any evidence supporting it like photos or videos of the accident scene or testimony from witnesses, medical professionals, or documents like police reports and bills. You can also offer testimony regarding your memories of the incident and how it affected your life. Expert witnesses can also testify to back your assertions. The lawyer of the defendant may interrogate witnesses and object to the admissibility of evidence.

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

A jury also has to decide the amount of damages you are entitled to. This is another complicated issue, as it depends on how severe your injuries are and the severity of your losses. Your lawyer will provide evidence, including expert testimony, regarding the severity of injuries that resulted in loss of income and earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Each state sets a legal deadline, commonly referred to as the statute of limitations, in which you must settle your claim or start a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, accident Lawsuit you may require filing a car accident lawsuit in court. This could be a lengthy process and costly, however it is often required to seek compensation.

During this procedure you and your Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and attend hearings. Your lawyer will also file legal documents called motions that ask the court for certain things, such as not allowing certain types of evidence during trial. Settlement negotiations can be ongoing during this process. A majority of car accident civil disputes are resolved prior to a trial.

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

It is crucial to fully comprehend the extent of your injuries prior to agreeing to the settlement. You should also have completed all medical treatments. You may not receive additional compensation if you agree to a settlement until your doctor has determined that you have attained the point of maximum improvement. Additionally, you should not sign a release until you've talked to your lawyer and gained an accurate understanding of your losses. Your lawyer will ensure that you don't lose out on valuable compensation. They will go through your medical records as well as other documents, to ensure that you are entitled to all of the damages for which you qualify.