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The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount you require for your injuries, our tenacious attorneys will prepare an official demand letter. The letter will outline all of your financial losses such as medical expenses, lost wages, as well as non-economic damages such as discomfort and pain.

A judge or jury will then come to a decision. If they come to a decision to your advantage, you are awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident might aid your lawyer in determining what actually transpired during the accident, including the position of both cars after collision, skid marks, road debris, and other physical evidence. Also, take note of the names and contact information of any eyewitnesses who witnessed the incident. It is crucial to have witnesses to verify the events that took place, as it can often happen that drivers will give contradictory stories that lead to insurance companies refusing or denial of liability.

Medical records can also be utilized by your lawyer to demonstrate the severity of your injuries. These documents could include receipts, bills, lab results, diagnosis reports, discharge guidelines and other documentation. It is essential to get these records as soon as you can and give copies to your healthcare professionals.

Depositions are another form of evidence your lawyer might use. It is an out-of court testimony given under oath, and then transcribing by a Court Reporter. Your lawyer can use the testimony to prove that your injuries had a direct and foreseeable connection to the accident, which helps justify requesting compensation for your damages. While the majority of these kinds of evidence can be gathered at the accident scene or soon afterward, some of them may not be accessible until later in the litigation process. This is the reason it's essential to contact a reputable car accident lawyer as soon as possible, so that they can begin the investigation when the evidence is in its most pure form.

2. Making a Complaint

Once the dust has sunk and you've treated your injuries, it's time to seek professional legal advice. A car accident attorney will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is filing an application with the court. The complaint will detail 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 then served to the defendant.

The discovery phase starts with both parties able to share information regarding their claims and defenses. The process can take a considerable time and both teams may need to review a lot of documents, including police reports and witness statements. They might also have to look at medical documents as well as bills and other documents. Each side can request interrogatories. These are a series questions which the other side must answer under oath in the timeframe specified.

In this phase, your lawyer will also collaborate with your doctor to get a full picture of your injuries as well as the impact they've caused on your life. Your lawyer will determine the total damages. This will include future and past medical expenses, lost wages, pain and suffering and more.

Sometimes, your lawyer could be able to reach an agreement with the at-fault driver's insurance company. This is more likely to occur after discovery and prior to trial. If the insurance company doesn't agree to an equitable settlement, or if the damage is significant and are not covered by insurance, then you might have to go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit where your lawyer and the insurance company exchange information that may support or damage your claim. Your attorney will request copies of the documents supporting your case, such as medical bills, police reports as well as work loss records (e.g. an email from your employer which reveals how long you missed work due to the accident), photographs of your vehicle, any damages or injuries or other pertinent financial information. Your attorney will also use documents for discovery in writing, such as interrogatories request for production, interrogatories and request for admissions to question witnesses and other parties that are not present in the case.

These discovery tools written in writing are distributed back and forth between attorneys from both sides. The written discovery tools provide the opposing party a chance to respond to questions in writing that need to be answered under oath and to provide copies of other information which could be useful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the accident attorneys as well as anyone 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 responses could be recorded on video by a court reporter or transcribed.

The goal of these pre-trial investigation procedures is to enable your lawyer to create an argument that is persuasive and strong to the at-fault party and their insurer, so that you can secure a full and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case but most do so after or during the investigation process, which is typically concluded prior to the trial.

4. Trial

The majority of car accident cases settle through out-of-court negotiations, if you and the insurance company are not in agreement about who is to blame or the amount of compensation you are entitled to for your injuries, your case may go to trial. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder who makes a decision that resolves the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will explain your story in your opening statements to the jury, and any supporting evidence you have, such as photographs or videos of the accident scene, testimony from people who witnessed the accident and medical professionals, and documents such as medical bills and police reports. You may also testify on your memory of the incident, and how it impacted your life. Expert witnesses will also provide testimony to support your assertions. The lawyer for the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

In a trial, jurors must determine if the plaintiff's injuries were caused by the negligence of the defendant. They will be looking at the proximate cause, a complicated legal concept that law students spend hours studying. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury is also required to determine how much damages you should receive. It's also a complicated matter because it is based on the extent of your injuries and the extent to which you've suffered. Your lawyer will present evidence which includes expert testimony from a witness regarding the severity of your injuries, the loss of income, and your future earnings potential, as well as your suffering and pain disfigurement, impairment, and.

5. Settlement

Every state has a time limit to resolve your claim or file an action. This is referred to as the statutes of limitations. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you may require filing a car accident lawsuit in court. It can be lengthy and costly, however it is usually required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a procedure that is formal in which both sides exchange information with each other). Your lawyer will also file legal documents called motions asking the court for specific things such as not allowing certain types of evidence at trial. Settlement negotiations may continue throughout the process, and a lot of car accident civil disputes end before a trial can be held.

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

Before settling an agreement, it is important to understand the severity of your injuries and completed all medical treatment. If you settle before your doctor determines that you have reached your maximum medical improvement (MMI), you could not be eligible for additional compensation. Don't sign a contract before you have spoken to your lawyer regarding your damages. Your attorney will ensure that you don't miss out on valuable compensation. They will carefully examine your medical records and other documents to make sure that you get the full amount of damages for which you are eligible.