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The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter if an insurance company refuses to provide you with the amount you need for your injuries. This letter will provide a detailed description of your financial losses like medical expenses and lost wages, as in addition to non-economic damages such as discomfort and pain.

A jury or judge will then come to a decision. If they make a decision 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 gathering of evidence is one of the first steps in the process of litigation, and it requires gathering documents, photographs, witness testimony, and official reports such as police reports.

Your attorney might be able to establish what happened during the accident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Record the names and phone numbers of any witnesses who saw the events. It is crucial that witnesses who can confirm the events that were actually happening, as it may often be the case that drivers will give contradictory accounts that lead to insurance companies refusing or denial of liability.

Other forms of evidence your lawyer might use include medical records. These could include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other evidence that proves the severity of your injuries. It is important to obtain these records as soon as you can and ensure that you provide copies to your medical professionals.

Another form of evidence your attorney might make use of is a deposition which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. The lawyer can utilize this testimony to prove that your injuries have a direct, foreseeable link to the accident lawyers. This is a good argument to support the need for compensation. While the majority of these kinds of evidence can be obtained at the scene or shortly thereafter but some of the evidence might not be available until later in the litigation process. This is why it's vital to speak with a well-credentialed car accident lawyer as quickly as possible so that they can begin the investigation as evidence is in its purest form.

2. Filing a complaint

After the dust has settled, and you've taken care of your injuries, you should seek legal advice from an experienced. A lawyer who has handled car accidents can offer you the knowledge to maximize your compensation.

The first step is filing an application with the court. This will outline your specific claims as well as the amount you'd like to recover in damages. This form is usually prepared by an attorney and then filed in court. It will also be given to the defendant.

This also initiates the discovery phase that allows both sides to exchange information and documents related to their claims and defenses. The process can take a long time and both teams will need to review a lot of documents, including police reports and witness statements. They might also have to look at medical records or bills, as well as other documents. Each side may demand interrogatories. They are a set of questions that the other party must answer under oath by a predetermined time frame.

During this stage, you lawyer will also work closely with your doctor to get an accurate picture of your injuries and the impact that they've affected your life. Your lawyer will then calculate the total damages you have suffered that will include future and past medical expenses as well as lost earnings, pain and suffering and much more.

Sometimes, your lawyer may be able to reach an agreement with the responsible driver's insurance company. It is likely to occur following the conclusion of discovery and prior to trial. If the insurance company is unable to negotiate a fair settlement or if you have incurred significant losses that aren't covered by the insurance policy, your case may go to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident case. This is when your attorney and the negligent insurance company of the driver exchange information that could support or undermine your claim. Your attorney will ask for copies of documents to support your case. This includes police reports, medical bills and work loss records from your employer (showing the amount 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 could also make use of documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

These documents are exchanged between attorneys from both sides. They give the opposing side an opportunity to reply to questions in writing, which must be answered under oath, and to supply copies of specific documents or other information which could be beneficial to your case.

Your Long Island car accident attorneys attorney will also interview witnesses and any other person with information about the damages or injuries you sustained that could be important to your case. During a deposition, your lawyer representing the at-fault party will ask you questions and your answers are recorded on video by a court reporter or transcribed.

These pretrial investigation processes are designed to help your lawyer develop a convincing case against the responsible party and their insurer to secure a fair settlement for all your injuries or losses, as well as expenses. There is no guarantee of a settlement in each case however, the majority of them occur during or after the investigation process, which is typically completed prior to the trial.

4. Trial

Trials are a possibility in situations where you and the insurance company disagree about who is at fault or the amount you are entitled to for your injuries. A trial is an official proceeding where both parties present arguments and evidence before a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder 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, along with any supporting evidence you have, such as photos or video of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents like medical bills and police reports. You may also testify about your memories of the incident and how it impacted your life. Expert witnesses can also testify to support your claims. The lawyer of the defendant may interrogate witnesses and object to the admissibility or validity of certain evidence.

In a trial, the jury has to decide whether the plaintiff's injuries were caused by the negligence of the defendant. They will consider proximate cause which is a tangled legal concept that lawyers will spend many hours studying during law school. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you are entitled to. It is also a complicated issue because it depends on the severity of your injuries and the amount to which you've suffered. Your attorney will present your evidence which includes expert testimony from a witness regarding the severity of your injuries, the loss of income and future earnings potential and your pain and suffering disfigurement, impairment, and.

5. Settlement

Each state has a specific deadline by which you can resolve your claim or file a lawsuit. This is known as the statutes of limitations. If your lawyer can't negotiate a settlement with your insurer, you may have to file a lawsuit in court. It's costly and time-consuming, but it is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal procedure where each side exchanges information with each other). Your lawyer will also make legal filings, also known as motions, requesting the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout this process. Many car accident civil disputes are resolved prior to a trial.

If they feel that your injury claim is legitimate and you are willing to go to trial insurance companies will make a fair settlement offer. Settlements are faster and less risky than an in-court trial.

Before settling on an agreement, it is crucial to fully comprehend the extent of your injuries and that you have completed all medical treatments. If you settle before your doctor determines that you have reached maximum medical improvement (MMI) it is possible to be denied additional compensation. Also, you should not sign a settlement agreement before you have spoken to your lawyer regarding your damages. Your lawyer will ensure that you do not get a poor deal on compensation. They will carefully review your medical records and other evidence to make sure that you receive the entire amount of damages to that you are eligible.