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The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount of money you need for your injuries, our tenacious attorneys will prepare a formal demand letter. This will outline all the economic losses you have suffered like medical bills and lost wages, as well as non-economic damages, such as suffering and pain.

Then, a judge or jury will decide. If they rule in your favor you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident may aid your lawyer in determining what happened during the accident, including the position of both cars after impact, skid marks, road debris, and other physical evidence. Record the names and contact details of any eyewitnesses that witnessed the events. It is important to have witnesses confirm the events were actually happening, as it may often happen that drivers give contradictory statements that result in insurance companies denying or refusing the liability.

Other types of evidence your lawyer might use include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge guidelines, and other evidence that demonstrates the severity of your injuries. You should seek these documents as soon as you can and provide copies to your healthcare professionals.

Another form of evidence your attorney may use is a deposition, which is out-of-court testimony given under oath that is then transcribing by a court reporter. Your lawyer could use the testimony to prove the fact that your injuries had an immediate and predicable connection to the accident and can be used to justify compensation for your injuries. Although the majority of the above types of evidence are gathered at the accident scene or within a short time after however, some evidence may not be accessible until later in the litigation process. This is why it's crucial to contact a reputable car accident lawyer as soon as possible, so that they can begin investigating while the crucial evidence is in its purest form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, you need to seek legal advice from an expert. A car accident attorney can provide the necessary expertise to help you obtain maximum compensation for your claim.

The first step is filing a complaint with the court. This will outline your specific claims as well as the amount you wish to recover in damages. This document is typically drafted by your attorney, and then filed with the court and served to the defendant.

This also begins the discovery phase, which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can take a considerable time and both teams may need to review a lot of documents like police reports and witness statements. They might also need to review medical records as well as bills and other documents. Each side may request interrogatories. These are a series of questions that the other side must answer under oath within the timeframe specified.

In this phase, your lawyer will also work closely with doctors to get the full picture of your injuries as well as the impact that they've had on your life. Your lawyer will determine the total damages. This will include any future medical expenses including lost wages, suffering and pain, and much more.

Sometimes, your lawyer might be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely to occur after discovery and prior to trial. If the insurance company does not agree to a fair settlement or if the damages are important and not covered by insurance, then you might be required to go to trial. A jury or judge 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 negligent driver's insurance company exchange information that could assist or derail your claim. Your attorney will request copies of documents that support your case, including medical bills, police reports and work loss records (e.g. documents from your employer which reveals how long you missed work because of the accident), photographs of your vehicle, any damage or injuries as well as other financial information. Your attorney may also employ written discovery tools, such as interrogatories, requests for production and requests for admissions in order to question witnesses and parties who are not present in the case.

These tools for writing discovery are shared between attorneys on both sides. The tools for writing discovery give the other side an opportunity to respond to questions in writing that need to be sworn to under oath, and to provide copies or other information that could be useful to you.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident as well as any person who has information about your injuries or damage that could be crucial to your case. During a deposition the lawyer representing the party at fault will ask you questions and your responses will be recorded on video by an official court reporter or recorded.

The purpose of these pretrial investigation processes is to allow your lawyer to build an argument that is convincing and persuasive to the responsible party and their insurance company so that you can secure an adequate and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case, but the majority of cases do so during or after the investigation process, which is typically completed prior to the trial.

4. Trial

While the vast majority of car accident cases are settled through informal negotiations If you and the insurance company aren't in agreement on the cause or the amount you are entitled to for your injuries, your case could go to trial. A trial is a formal process where both sides submit arguments and evidence to a factfinder who issues a decision which settles the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will be able to give your account of the events in your opening statements to the jury and any supporting evidence you may have, such as photographs or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents such as medical bills and police reports. You may also testify about your personal memories of the incident and how it affected your life. Expert witnesses can also testify to back your claims. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of specific evidence.

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

A jury must also decide the amount of damages you're entitled to. This is a more complicated matter because it is contingent on the severity of your injuries and the severity of your losses. Your lawyer will present your evidence that includes expert witness testimony regarding the severity of your injuries, your lost income and future earnings potential in addition to your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Every state has a deadline by which you can settle your claim, or even file an action. This is known as the statute of limitations. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may have to file a car accident lawsuit in court. It can be expensive and time-consuming, however it is often necessary to get compensation.

During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure in which each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents referred to as motions to ask the court for things like excluding certain types of evidence at trial. Settlement negotiations can continue throughout this process, and a lot of car accident civil disputes end before a trial has to be held.

If they believe that your injury claim is solid and that you are willing to go to trial Insurance companies will offer a fair settlement offer. The settlement process is also quicker and less risky than an in-court trial.

It is essential to fully comprehend your injuries before you agree to the settlement. It is also important to have completed all medical treatment. If you sign a settlement before your doctor determines that you have reached the maximum medical improvement (MMI) it is possible to not be eligible for additional compensation. Also, you should not sign a release until you have spoken to your lawyer about your injuries. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will carefully examine your medical records as well as other documents to ensure that you receive the entire amount of damages for that you are eligible.