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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter in the event that the insurance company refuses to provide you with the amount you require for your injuries. It will detail all your economic damages such as medical bills and lost wages, as well as non-economic damages, like suffering and pain.

Then, a judge or jury will take a call. If they decide to your advantage you will be awarded damages. In addition, the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is the most important aspect to obtain compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports such as police reports, and other official reports.

Photographs of the scene of the accident may help your attorney establish what actually transpired in the collision, including the location of both vehicles after collision, skid marks, road debris and other physical evidence. Record the names and phone numbers of any witnesses who saw what happened. It is crucial to have witnesses confirm the events occurred, as it can often be the case that drivers provide contradictory statements that result in insurance companies refusing to accept or deny liability.

Other types of evidence your lawyer might use include medical records, which can include bills, receipts and diagnosis reports, laboratory results, discharge instructions and other evidence that proves the severity of your injuries. It is important to obtain these records as soon as you can and ensure that you provide copies to your healthcare professionals.

A deposition is yet another type of evidence your lawyer might employ. It's an out-of court testimony under oath and later transcribing by a Court Reporter. Your lawyer may use the testimony to prove that your injuries had an immediate and obvious connection to the accident which can help justify the compensation you deserve for your damages. The majority of the evidence listed above can be gathered at the site of the accident or soon after however, some might not be available until later in the litigation. This is the reason it's essential to speak with a well-credentialed car accident lawyer as soon as possible so that they can begin investigating as evidence is in its most pure form.

2. Making a complaint

Once the dust has sunk and you've taken care of your injuries, it's time to seek legal advice from a professional. A car accident lawyer can provide you with the expertise to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims you are making and the amount of money you're seeking in damages. This document is typically drafted by your attorney, and then filed with the court and served on the defendant.

The discovery phase starts with both parties able to share information about their defenses and claims. The process can take a long time and both teams will have to look over a variety of documents including police reports and witness statements. They might also need to review medical documents as well as bills and other documents. Each side is able to request interrogatories. They are a set of questions that the other side must answer under oath in an agreed upon timeframe.

In this phase, your lawyer will also collaborate with doctors to ensure that they have a complete understanding of the severity of your injuries as well as the impact they've had on your daily life. Your lawyer will calculate the total damages. This will include any future medical expenses as well as lost wages, pain and suffering and more.

Sometimes, your lawyer could be able to reach a settlement with the at-fault driver's insurance company. This is likely to be the case following the completion of discovery and prior to trial. If the insurance company doesn't agree to an equitable settlement, or if your damages are significant and not covered by insurance, then you may be required to appear in court. A judge or jury will decide the case on the basis of all the evidence.

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 may aid or hinder your claim. Your attorney will ask for copies of documents to support your case. This includes police reports as well as medical bills and work loss records from your employer (showing how much time you've missed because of the accident) photographs of your vehicle as well as any injuries or damages and financial information. Your attorney will also use written discovery tools such as interrogatories, requests for production and request for admissions to question witnesses and other parties that are not present in the case.

These written discovery tools are distributed back and forth between attorneys of both sides. The tools for writing discovery give the opposing side an opportunity to respond to questions in writing that must be answered under oath and to provide copies of other information that may be helpful to you.

Your Long Island car accident lawyer will also take depositions of people who are witnesses to the collision and anyone with information on your injuries or damages that could be pertinent to your case. During a deposition attorney representing the at-fault party will ask you an array of questions and your answers will be recorded on video or translated by a court reporter.

The goal of these pre-trial investigation procedures is to enable your lawyer to present an argument that is convincing and persuasive to the at-fault party and their insurance company so that you can receive a fair and complete settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case, but the majority of them occur during or after the investigation process, which is typically completed prior to the trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations If you and the insurance company are not in agreement about who is to blame or the amount you are entitled to for your injuries, the case may go to trial. A trial is a formal process in which both sides present arguments and evidence to a factfinder who makes a ruling which settles the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of what transpired during the trial. This will include any evidence supporting it including photos or videos of the scene as well as testimony from witnesses and medical professionals, or documents like police reports and bills. You can also testify regarding your memory of the incident and how it affected your life. Expert witnesses can also testify to support your claims. The attorney representing the defendant may cross-examine witnesses and object to the admissibility of specific evidence.

The jury will decide in the trial whether the plaintiff's injuries was caused by the defendant's negligent behavior. They will consider proximate causes, a complex legal concept that law students have to spend hours studying. Proximate cause looks at how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine how much damages you're entitled to. It's also a complex matter because it is based on the degree of your injuries and the extent to which you have suffered. Your lawyer will present evidence that includes expert testimony regarding the severity of injuries as well as lost income and future earning potential, as well your pain and suffering and impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations, by which you must settle your claim or bring a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you might have to file a car accident lawsuit (related web-site) in court. This could be a lengthy process and costly, but it is usually necessary to pursue compensation.

During this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and also attend hearings. Your lawyer will also prepare legal documents, also known as motions, which ask the court to do things such as excluding certain types evidence from trial. Settlement negotiations can be ongoing during this process. A lot of car accident civil disputes are resolved before a trial is necessary.

If they believe that your injury claim is solid and you are willing to go to trial the insurance company will offer an acceptable settlement offer. Additionally the settlement process is faster and less risky for them than a trial.

It is crucial to understand the extent of your injuries prior to agreeing to a settlement. You must have completed all medical treatment. If you agree to a settlement before your doctor has determined you have reached maximum medical improvement (MMI) then you could not be eligible for additional compensation. You should also not sign an agreement until you have spoken with your lawyer and had a complete understanding of your damages. Your attorney will ensure that you do not be denied compensation that is valuable. They will carefully examine your medical records and other documentation to make sure that you receive the total amount of damages to which you are eligible.