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The First Steps in Car Accident Litigation

Our determined lawyers will draft an official demand letter in the event that the insurance company is unable to pay the amount you require for your injuries. This will include all of your financial losses including medical expenses and lost wages, as well as non-economic damages, such as pain and suffering.

Then the judge or jury will take a call. If they make a decision to your advantage, you are awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident, proving negligence is vital to receiving compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents, witness testimony, official reports, including police reports and other official reports.

Your attorney may 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. Also, keep track of the names and contact details of any eyewitnesses who witnessed what transpired. It is important to have witnesses corroborate the events that took place, since it can often happen that drivers will give contradictory statements that result in insurance companies denying or refusing the responsibility.

Other evidence that your lawyer could use include medical records. These could include bills, receipts diagnose reports, lab results, discharge instructions and other evidence that proves the extent of your injuries. You should obtain these records as soon as you can, and also provide copies to your healthcare providers.

Depositions are another form of evidence your lawyer can make use of. It's an out-of the court testimony that is under oath, which is then transcribed by a Court Reporter. Your lawyer may make use of the testimony to prove the fact that your injuries had an immediate and clear connection to the accident which can help justify compensation for your losses. Although the majority of the above types of evidence are 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 contact a reputable car accident lawyers lawyer as quickly as you can so that they can begin investigating while the crucial evidence is in its purest form.

2. Making a complaint

After the dust has settled and you've treated your injuries, it's time to seek expert legal advice. An attorney who has handled car accidents can provide the necessary expertise to help you get the most compensation for your claim.

The first step is filing an application with the court. The complaint will detail your specific claims and the amount you'd like to claim in damages. This document is typically drafted by your lawyer and filed with the court and served to the defendant.

The discovery phase begins by allowing both parties to share information regarding 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 need to look at medical records and bills as well as other documents. Each side can request interrogatories, which are a series of questions the other party must answer under oath by a predetermined deadline.

In this phase the lawyer will work with doctors to ensure they have a complete understanding of the severity of your injuries and the impact they've affected your daily routine. Your lawyer will calculate your total damages. This will include future and past medical expenses, lost wages, suffering and Accident law firms pain, and much more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver at fault. This is more likely to occur following discovery and prior to trial. If the insurance company is unable to settle the claim in a fair manner or if you've suffered substantial damages that aren't covered by the insurance policy, your case could go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is where your attorney and negligent insurer for the driver exchange information that could support or hurt your claim. Your attorney will request copies of the documents to prove your case. These include police reports medical bills, work loss records from your employer (showing the amount of time you were absent due to the accident law firms) photos of your vehicle damaged or injured and financial information. Your attorney will also make use of written discovery tools like interrogatories or requests for production as well as requests for admissions to question witnesses and parties who are not present in the case.

These written discovery tools are distributed back and forth between attorneys of both sides. The tools for writing discovery give the other side an opportunity to respond to questions in writing, which must be sworn to under oath, and to provide copies or other information that may be helpful to you.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the collision and also anyone who has information about your injuries or damage that could be crucial to your case. In a deposition, the lawyer representing the at-fault party will ask you questions and your answers could be recorded on video by a court reporter or transcribed.

The goal of these pre-trial investigation procedures is to assist your lawyer to create an argument that is convincing and persuasive to the party at fault and their insurer, so that you can secure an adequate and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in each case but the majority of cases will settle during or following the investigation process, which is typically done prior to trial.

4. Trial

Trials are a possibility in situations where you and the insurance provider disagree about who is at fault or the amount you should be awarded for your injuries. A trial is a formal procedure in which both sides present arguments and evidence to a factfinder, who issues a decision that settles the dispute. In personal injury cases the factfinder usually a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any supporting evidence like photos or videos of the scene of the accident, testimony from witnesses and medical professionals, documents like police reports and bills. You can also testify about your memories of the incident, and how it affected your life. Expert witnesses can also testify to support your assertions. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of certain evidence.

At trial, the jury must decide if the plaintiff's injuries were the result of the negligence of the defendant. They will examine proximate cause which is a complex legal concept that lawyers have to spend many hours studying in law school. Proximate cause examines the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury also has to decide the amount of damages you're entitled to. It's a difficult issue due to the extent of your injuries and the degree to which you've suffered. Your lawyer will present your evidence, including expert witness testimony about the severity of your injuries, the loss of income, and your future earnings potential and your suffering and pain disfigurement, impairment, and.

5. Settlement

Every state has a deadline by which you can resolve your claim or file an action. This is known as the statute of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, then you might require filing a car accident lawsuit in the court. It is costly and time-consuming. However, it is usually required to obtain compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal process in which each party exchanges information with the other side) and be present at hearings. Your lawyer will also prepare legal documents, also known as motions, requesting the court to do things like exclude certain types of evidence from trial. Settlement negotiations may continue throughout this process, and most civil disputes arising from car accidents end before a trial has to be held.

If they believe that your claim is solid and that you are willing to go to trial Insurance companies will offer an acceptable settlement offer. The settlement process is also faster and less risky than an in-court trial.

Before you agree to an agreement, it is crucial to fully comprehend the severity of your injuries and completed all medical treatments. You could be denied additional compensation if you accept an offer of settlement until your doctor has determined that you have reached the maximum level of improvement in your medical condition. You should also not sign a contract before you've spoken with your lawyer about the damages. Your lawyer will ensure that you do not miss out on valuable compensation. They will go through your medical records and other documents, to ensure that you are entitled to all compensation you're entitled to.