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The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter if the insurance company refuses to provide you with the amount you're entitled to for your injuries. This will list all the economic losses you have suffered, such as medical bills and lost wages, as well as non-economic damages like pain and suffering.

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

1. Gathering Evidence

In a lawsuit for a car accident the proof of negligence and liability is crucial to get compensation for your losses and injuries. The gathering of evidence is one of the first steps of the litigation process, and it requires gathering documents, photographs, witness testimony and official reports such as police reports.

Your lawyer may be able to establish what happened during the accident law firm by taking photographs of the scene, which include skid marks and road debris as well as other physical evidence. Take down the names and contact information of any witnesses who were present to witness what happened. It is important to have witnesses to verify the events that took place, as it can often happen that drivers provide contradictory stories that lead to insurance companies refusing or denial of the liability.

Other forms of evidence your lawyer could use include medical records, which could include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other documentation that demonstrate the severity of your injuries. You should obtain these records as soon as possible and be sure to give copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney can employ. It's an out-of court statement made under oath, which is then translated by a court reporter. Your lawyer may utilize this testimony to prove that your injuries were a clear, identifiable connection to the accident. This helps to justify the need for compensation. The majority of the evidence mentioned above can be collected at the site of the accident or shortly afterwards however, some might not be available until much later in the litigation. It's important to contact an attorney in the case of a car crash with the appropriate credentials immediately to start an inquiry while the evidence is still in its most pure form.

2. The process of filing a complaint

Once the dust has sunk and you've taken care of your injuries, it's the time to seek legal advice from a professional. A car accident attorney can provide the necessary expertise to ensure you receive the maximum compensation for your claim.

The first step is filing an application with the court. This will outline your specific claims and the amount of money you'd like to claim in damages. The document is usually written by an attorney and then filed in the court. It is also served on the defendant.

This also initiates the discovery phase which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can take a long time, and both teams will need to review a lot of documents like police reports and witness statements. They might also have to look at medical documents or bills, as well as 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 your doctor to get a full picture of your injuries as well as the impact that they've had on your life. Your lawyer will then estimate the total damages you have suffered, which will include the past and future medical costs as well as lost earnings, pain and suffering, and more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver at the fault. This will most likely occur following the conclusion 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 could be required to appear in court. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit, where your attorney and the insurance company exchange information that could aid or hinder 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., from your employer which reveals how much time you missed work because of the accident) photographs of your vehicle, any injuries or damages as well as other financial information. Your attorney may also employ written discovery tools such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties that are not part of the case.

These documents are shared between attorneys on both sides. The written discovery tools provide the other side an opportunity to answer questions in writing, which must be answered under oath. It also allows you to provide copies of other information that may be useful to you.

Your Long Island car accident lawyer will also be able to depose witnesses to the accident and also anyone who has information about your injuries or damages that could be relevant to your case. During a deposition the lawyer representing the person at fault 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 help your lawyer to create an effective and convincing argument to the responsible party and their insurer, so that you are able to secure a fair and complete settlement for your losses, injuries and expenses. Although there is no guarantee that all cases settle, the majority do in the course of or following the discovery process, which can often be completed before the case is brought to trial.

4. Trial

Trials can be arranged in situations where you and the insurance company do not agree on the source of your fault or the amount you are entitled to for your injuries. A trial is an official proceeding in which both sides argue and present evidence to the factfinder, who makes a decision to resolve the dispute. In personal injury cases the factfinder is usually a jury.

During the trial the lawyer will present your version of events in your opening statements to the jury as well as any other evidence you have, Accident Attorney including photographs or videos of the accident scene, testimony from bystanders and medical professionals, and documents like police reports and medical bills. You can also offer testimony regarding your memories of the incident and how it has affected your life. Expert witnesses can also testify to back your assertions. The attorney representing the defendant may cross-examine witnesses and object to the admissibility of specific evidence.

At trial, the jury will decide if the plaintiff's injuries were the result of the defendant's negligence. They will be looking at the proximate cause, a complicated legal concept that law students have to spend hours studying. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you're entitled to. This is a thorny issue, as it depends on the severity of your injuries and the severity of your losses. Your lawyer will provide evidence, including expert testimony, about the severity of injuries loss of income, future earning potential, as well your pain and suffering and impairment.

5. Settlement

Each state has a specific legal deadline, also known as the statute of limitations, by which you must settle your claim or bring a lawsuit. If your lawyer is not able to reach a settlement with the insurer, you might have to file a lawsuit in court. This can be time consuming 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 each side exchanges information with the other). Your lawyer will also file legal documents, referred to as motions to ask the court for certain things, such as excluding certain types of evidence during trial. Settlement negotiations can go on throughout the entire process, and many civil disputes arising from car accidents end before a trial needs to be held.

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

It is crucial to fully understand your injuries before you agree to an agreement. You must have completed all medical treatments. If you agree to a settlement prior to your doctor determining that you have reached maximum medical improvement (MMI), you could be denied additional compensation. Also, you should not sign an agreement until you have had a conversation with your lawyer and have an understanding of all damages. Your lawyer will ensure that you don't lose out on valuable compensation. They will look over your medical records, as well as other documentation, to ensure that you receive all the damages for which you qualify.