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The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal letter of demand if the insurance company is unable to pay the amount you're entitled to for your injuries. This letter will provide a detailed description of your financial damages like medical expenses and lost wages, as well as non-economic damages like discomfort and pain.

A jury or judge will then make a decision. If they come to a decision in your favor you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving the negligence and liability is key to obtaining compensation for your losses and injuries. Gathering evidence is one of the first steps of the litigation process. it requires gathering documents witnesses' testimony, photographs as well as official reports such as police reports.

Your attorney might be able to determine what happened during the incident by taking photographs of the scene, which include skid marks and road debris as well as other physical evidence. Note down the names and contact numbers of any witnesses who witnessed what transpired. Witnesses who testify to corroborate your account of what transpired is vital, especially since it can be common for drivers to give contradicting accounts of what happened that can lead to insurance companies refusing to accept the claim or deny any responsibility at all.

Medical records can also be used by your lawyer to establish the severity of your injuries. These records could include receipts, bills laboratory results, diagnosis reports, discharge instructions and other records. You should seek these records as soon as you can and provide copies to your medical professionals.

A deposition is yet another type of evidence your lawyer may employ. This is an out-of court statement made under oath. It is then transcribing by a Court Reporter. The lawyer can use 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 losses. Most of the evidence mentioned above can be gathered at the scene of the crash or shortly after but some of it may not be available until later in the legal process. This is the reason it's essential to speak with a well-credentialed lawyer for car accidents as soon as you can 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 have tended to your injuries, it's the time to seek out legal counsel from an expert. An attorney for car accidents can provide the necessary expertise to ensure that you receive maximum compensation for your claim.

The first step is filing a complaint with the court. This document will outline your specific claims and the amount you'd like to claim in damages. The document is usually drafted by your attorney, and then filed with the court, and then served to the defendant.

The discovery phase starts with both parties able to share information about their defenses and claims. The process can be lengthy and requires both teams to go through a myriad of documents including police reports and witness statements medical records, invoices and much more. Each side can demand interrogatories. They are a series of questions which the other party must answer under oath by a predetermined timeframe.

In this phase, your lawyer will also work closely with your doctor to get a full picture of your injuries and the impact they've affected your life. Your lawyer will determine your total damages. This includes future and past medical expenses, lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer might be able to negotiate an agreement with the at-fault driver's insurance company. This is likely to occur following the conclusion 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 damages that are not covered by the insurance policy, the case may go to trial. A jury or judge will make a decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident the attorney representing you and the insurance company exchange information that may help or hurt your claim. Your attorney will request copies of documents to support your case. This includes police reports as well as medical bills and work loss records from your employer (showing the amount of time you've missed due to the accident law firms), photos of your vehicle and any damages or injuries, and other financial information. Your attorney will also make use of written discovery tools like interrogatories or requests for accidents production as well as request for admissions to question witnesses and parties who are not in the case.

These written discovery tools are sent back and forth between the attorneys on both sides. The written discovery tools give the other side an opportunity to respond to questions in writing which must be sworn to under oath, and to provide copies or other information that might be helpful to you.

Your Long Island car accident attorney will also interview witnesses and anyone with information about your injuries or damages that could be vital to your case. During a deposition, the at-fault party's lawyer will ask you various questions, and your answers will be recorded on video, or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to build an argument that is convincing and persuasive to the at-fault party and their insurance company so 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 be completed prior to the time your case reaches trial.

4. Trial

While the vast majority of car accidents settle through negotiations outside of court however, if you and your insurance company are not in agreement about who is to blame or the amount you are entitled to for your injuries, your case may go to trial. A trial is a formal process in which both parties argue and present evidence to the factfinder, who makes an announcement to settle the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will be able to provide your version of the events in opening statements to the jury, as well as any other evidence you have, including pictures or videos of accident scene, testimony from bystanders and medical professionals, as well as documents such as medical bills and police reports. You can also testify about your memories of the incident and how it affected your life. Expert witnesses can also offer evidence to back up your assertions. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of specific evidence.

In a trial, jurors must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will consider proximate cause which is a complex legal concept that lawyers spend countless hours studying in law school. Proximate cause considers how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury must also determine how much damages you're entitled to. It's also a complicated matter because it is based on the severity of your injuries as well as the extent to which you've suffered. Your attorney will provide evidence including expert testimony about the severity of your injuries, lost income and future earning potential, in addition to your pain and suffering and impairment.

5. Settlement

Every state has a legal deadline, referred to as the statute of limitations by which you must settle your claim or bring a lawsuit. If your lawyer is unable to come to a deal with the insurer, you could be required to make a court filing. It can be lengthy and expensive, but it is often required to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery (a procedure that is formal in which each side exchanges information with the other). Your lawyer will also file legal documents referred to as motions to request the court for certain things, such as excluding certain types of evidence in trial. Settlement negotiations can continue throughout the entire process, Accidents and most civil disputes arising from car Accidents (To.M.M.Y.Bye.1.2) end before a trial has to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is strong and that you are willing to take the case to trial. In addition, settlement is quicker and less risky for them than a trial.

It is important to be aware of your injuries prior to the settlement. You must also have completed all medical treatment. If you accept a settlement prior to your doctor determining that you have reached your maximum medical improvement (MMI), you could be denied additional compensation. Don't sign a contract before you have spoken with your lawyer about the damages. Your lawyer will ensure that you don't miss out on valuable compensation. They will look over your medical records, and other documents to ensure that you are entitled to all the compensation you're entitled to.