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The First Steps in Car Accident Litigation

If the insurance company refuses to provide the amount you require for your injuries, our persistent lawyers will draft a formal demand letter. It will detail all your financial losses, such as medical bills and lost wages, and non-economic damages, such as suffering and pain.

A jury or judge will then take a call. If they rule in your favor they will award you damages and the defendant has to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving the negligence and liability is crucial to get compensation for your losses and injuries. Collecting evidence is one the initial steps in the process of litigation, and it involves gathering evidence, documents including photographs, witness statements as well as official reports, such as police reports.

Your attorney might be able to determine the circumstances of the accident by taking photographs of the scene, including skid marks, road debris and other physical evidence. Also, take note of the names and contact information of any witnesses who witnessed what occurred. Having witnesses testify that corroborate your account of what transpired is vital especially as it can be common for drivers to give contradicting accounts of what happened that causes insurance companies to refuse to accept the claim or even denying responsibility altogether.

Other forms of evidence your lawyer may use include medical records, which can include bills, receipts diagnostic reports, lab results, discharge instructions, and other evidence that proves the extent of your injuries. You should obtain these documents as soon as is possible and provide copies to your healthcare providers.

Another form of evidence your attorney may use is a deposition, which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. The lawyer can use this evidence to prove your injuries have an obvious, predicable connection to the accident. This can be used to justify seeking compensation. The majority of the evidence listed above can be collected at the scene of the crash or shortly after but some of it may not be available until later in the litigation. This is the reason it's essential to consult a highly-credentialed car accident lawyer as soon as you can, so they can begin investigating while the crucial evidence is in its purest form.

2. Filing a Complaint

Once the dust has sunk and you have tended to your injuries, it's time to seek professional legal advice. A car accident attorney (our website) will be able to provide the expert advice you require to help you obtain maximum compensation for your claim.

The first step is to file a complaint with the court. This will outline your specific claims as well as the amount you'd like to recover in damages. This document is usually drafted by an attorney, and filed in the court. It will also be served on the defendant.

The discovery phase begins and allows both parties to share information about their claims and defenses. The process can take a considerable time, and both teams will require a thorough review of documents including police reports and witness statements. They may also have to review medical records or bills, as well as other documents. Each side can demand interrogatories. They are a series of questions that each party must answer under oath within a set date.

In this phase, your lawyer will also collaborate with doctors to gather the full picture of your injuries as well as the impact that they've affected your life. Your attorney will calculate the total damages you have suffered that will include the past and future medical costs loss of earnings, pain and suffering, and more.

Your lawyer could be able to negotiate a settlement with the insurance company of the driver who is at fault. This is more likely to happen after discovery and prior accident Attorney to trial. However, if the insurance company refuses to offer a fair settlement or if you've incurred substantial damages that aren't covered by the insurance policy, the case could be referred to trial. A jury or judge will decide on the case based on the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident case. This is when your attorney and negligent driver's insurer share information that could either support or hurt your claim. Your attorney will ask for copies of documents to prove your case. These documents include police reports, medical bills and work loss records from your employer (showing the amount of time you were absent due to the accident) photographs of your vehicle damaged or injured and financial information. Your attorney could 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 writing discovery are shared between attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, which have to be sworn to under oath, and to provide copies of certain documents or other data that may be relevant to your case.

Your Long Island car accident attorney will also question witnesses and any other person with information about your injuries or damages which could be vital to your case. In a deposition, the attorney representing the at-fault party will ask you several questions, and your responses will be recorded on video or transcribing by a court reporter.

These pre-trial investigation procedures are designed to help your lawyer construct a compelling case against the responsible party and their insurance company in order to secure an equitable settlement for all of your damages and losses, costs 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 lawyers cases settle through out-of-court negotiations however, if you and your insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, your case may go to trial. A trial is a formal procedure where both sides present arguments and evidence to a factfinder, who issues a decision that resolves the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any evidence supporting it like photos or videos of the scene of the accident as well as testimony from witnesses and medical professionals, documents like police reports and bills. You may also offer your testimony regarding your recollection of the incident and how it changed your life. Expert witnesses can also give testimony to support your claims. The attorney for the defendant can cross-examine witnesses and object to the admissibility of certain evidence.

The jury will decide during trial whether the plaintiff's injury was caused by the defendant's negligent conduct. They will look at proximate cause which is a complex legal concept that lawyers spend countless hours studying in law school. Proximate causes considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. It's also a complicated issue due to the degree of your injuries and the extent to which you have suffered. Your attorney will present your evidence which includes expert witness testimony regarding the severity of your injuries, your lost income and future earnings potential and your pain and suffering disfigurement, impairment, and.

5. Settlement

Each state establishes a legal deadline, also known as the statute of limitations that you must meet to settle your claim or start a lawsuit. If your lawyer cannot negotiate a settlement with your insurer, you may have to bring a lawsuit to court. This could be a lengthy process and costly, but it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal procedure where each side exchanges information with each other). Your attorney will also prepare legal documents, also known as motions, asking the court to do things such as excluding certain types evidence from trial. Settlement negotiations may continue throughout the entire process, and a lot of civil disputes arising out of car accidents will end before a trial needs to be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is solid and you'll be willing to go to trial. Additionally, settlement is quicker and less risky for them than a trial.

Before agreeing to an agreement, it's crucial to fully comprehend the extent of your injuries. You must also have completed all medical treatments. It is possible to lose additional compensation if settling an offer of settlement until your doctor has concluded that you have reached the maximum level of improvement in your medical condition. Don't sign a release before you've spoken with your lawyer regarding your damages. Your lawyer will ensure that you don't lose out on a substantial amount of compensation. They will go through your medical records as well as other documents, to ensure that you are entitled to all the damages that you are entitled to.