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The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if an insurance company refuses to pay the amount you need to cover your injuries. The letter will list all of your financial losses such as medical costs and lost wages as also non-economic damages like pain and discomfort.

A judge or jury will then make a decision. If they rule in your favor, they will award you damages and the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is essential to receive compensation for your injuries and losses. Gathering evidence is one of the first steps of the process of litigation, and it involves gathering documents, photographs, witness testimony, and official reports, such as police reports.

Photographs of the scene of the accident might 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 contact numbers of any witnesses who were present to witness what transpired. It is important to have witnesses to verify the events that were actually happening, as it may often happen that drivers give contradictory accounts that lead to insurance companies denying or refusing liability.

Other evidence forms your lawyer could use include medical records, which can include receipts, bills and diagnosis reports, laboratory results, discharge guidelines, and other evidence that demonstrates the extent of your injuries. You should obtain these records as soon as possible, and make sure to provide copies to your healthcare professionals.

Another form of evidence that your attorney may utilize is a deposition, which is an out-of court testimony delivered under oath, and then transcribed 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 crash, which helps justify requesting the compensation you deserve for your damages. While most of the above-mentioned types of evidence can be gathered at the accident scene or soon afterward, some of them may not be available until later in the litigation process. It's crucial to speak with a car accident lawyer with the appropriate credentials as soon as you can so that they can begin an investigation as evidence is in its most pure form.

2. Making a complaint

Once the dust has sunk and you have tended to your injuries, it's the time to seek out legal counsel from an expert. An attorney for car accidents will provide the knowledge and expertise to help you get the most compensation for your claim.

The first step is to file a complaint with court, which lists the specific claims you're making and the amount you are seeking in damages. This form is usually prepared by an attorney and filed in court. It is also delivered to the defendant.

The discovery phase starts by allowing both parties to exchange information about their claims and defenses. The process can take a considerable duration and both teams will need to review a lot of documents like police reports and witness statements. They may also have to examine medical documents or bills, as well as other documents. Each side may request interrogatories. These are a set of questions which the other side must answer under oath in the specified timeframe.

Throughout this stage the lawyer will work with doctors to ensure that they have a complete understanding of the seriousness of your injuries and the impact they've had on your daily life. Your lawyer will determine the total damages. This will include future and past medical expenses as well as lost wages, suffering and pain and suffering, and more.

Your lawyer may be able come to a settlement agreement with the insurance company of the driver who is at fault. This is more likely to happen following discovery and prior to trial. If the insurance company is unwilling to offer a fair settlement, or if your damages are significant and not covered by insurance, then you might be required to appear in court. A judge or jury will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents to support your claim. These documents include police reports, medical bills and work loss records from your employer (showing the length of time you've missed because of the accident), photos of your vehicle and any damages or injuries as well as other financial data. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to inquire about witnesses and parties who are not present.

These tools for discovery are used to exchange information between attorneys on both sides. Written discovery tools allow the opposing party a chance to answer questions in writing that must be answered under oath and to provide copies or other information which could be helpful to you.

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

The purpose of these pre-trial investigation procedures 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 secure an adequate and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case however the majority of cases do so during or after the investigation process, which is often completed prior to the trial.

4. Trial

The majority of car accident cases settle through negotiations outside of court however, if you and your insurance company are not in agreement about who is to blame or how much compensation you are entitled to for your injuries, your case could be heard in a trial. A trial is a formal procedure where both sides present arguments and evidence to a factfinder who issues a decision that settles the issue. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any evidence supporting it including photos or videos of the scene of the accident law firm or testimony from witnesses, medical professionals, as well as documents such police reports and bills. You can also give your testimony regarding your memory of the incident and how it affected your life. Expert witnesses will also provide evidence to back up your assertions. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

The jury will decide during trial if the plaintiff's injury was the result of the defendant's negligent behavior. They will examine the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine how much damages you are entitled to. This is a thorny issue due to how severe your injuries are and the severity of your losses. Your attorney will present evidence that includes expert testimony about the severity of injuries that resulted in loss of income and earning potential, as well your pain and suffering as well as impairment.

5. Settlement

Every state has a deadline by which you can settle your claim, or even file an action. This is known as the statutes of limitations. If your lawyer can't reach a settlement with the insurer, you may have to bring a lawsuit to court. This could be a lengthy process and costly, however it is often required to seek compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which parties exchange information with the other side) and attend hearings. Your lawyer will also file legal documents referred to as motions to request the court for things like excluding 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 believe your injury claim is solid and you are willing to go to trial the insurance company will offer an honest settlement offer. Additionally, the settlement process is more efficient and accident lawsuit less risky than a trial.

It is essential to fully comprehend your injuries prior to an agreement. You must also have completed all medical treatment. You could be denied additional compensation if you accept the settlement until your physician has determined that you have reached the level of medical improvement that is the highest. You should also not sign the release until you've spoken with your lawyer and received a complete understanding of your losses. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will review your medical records, as well as other documents to ensure that you receive all the damages for which you qualify.