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The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount you need to cover your injuries, our hard-working attorneys will prepare an official demand letter. This will include all of the economic losses you have suffered such as medical bills and lost wages, as well as non-economic damages, like suffering and pain.

A judge or jury will then take a call. If they rule in your favor you will be awarded damages. In addition, the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is essential to receive compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents witness testimony, official reports, like police reports, and other official reports.

Photographs of the scene of the accident could help your attorney establish what actually happened in the accident, including the position of both cars after impact, skid marks road debris, and other physical evidence. Also, keep track of the names and phone numbers of any eyewitnesses who witnessed what happened. It is crucial that witnesses who can confirm the events that took place, since it can often be the case that drivers give contradictory accounts that lead to insurance companies denying or refusing liability.

Other forms of evidence your lawyer may use include medical records, which could include receipts, bills diagnose reports, lab results, discharge instructions and accident other documents that show the extent of your injuries. It is essential to get these records as quickly as possible and provide copies to your medical professionals.

A deposition is yet another type of evidence that your attorney might make use of. It is a non-in the court testimony that is under oath, and then recorded by a Court Reporter. Your lawyer can make use of the testimony to prove that your injuries have an immediate and clear connection to the accident and, therefore, can justify the need for compensation for your injuries. Although the majority of the above types of evidence are gathered at the accident scene or soon afterward but some of the evidence might not be available until later in the litigation process. This is the reason it's essential to talk to a reputable car accident lawyer as soon as possible, so that they can begin investigating as evidence is in its most pure form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, seek legal advice from an experienced. 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. This will outline your specific claims and the amount you want to recover in damages. The document is usually written by your attorney, and then filed with the court and then served on the defendant.

The discovery phase starts and allows both parties to share information regarding their claims and defenses. The process can take a long time, and both teams will have to look over a variety of documents like police reports and witness statements. They might also need to examine medical documents, bills, and other documents. Both sides can request interrogatories. They are a set of questions that the other side must answer under oath within a specified time frame.

In this phase the lawyer will work with medical professionals to ensure they have a complete picture of the seriousness of your injuries and the impact they've had on your daily life. Your lawyer will calculate your total damages. This includes future and past medical expenses including lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer could be able to reach an agreement with the responsible driver's insurance company. This will most likely occur following the conclusion of discovery, but before trial. If the insurance company refuses to offer a fair settlement or if you've incurred significant damages that are not 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 stage in any car accident lawsuit where your lawyer and the negligent driver's insurance company exchange information that could support or accident damage your claim. Your attorney will request documents that can support your case, including police reports, medical bills as well as work loss records (e.g., from your employer indicating how long you missed work because of the accident) photographs of your car and any injuries or damage, and other relevant financial information. Your attorney may also use documents for discovery in writing, such as interrogatories and requests for production to inquire about witnesses and other parties who are not present.

These tools for writing discovery are exchanged between attorneys on both sides. Written discovery tools allow the opposing side a chance to answer questions in writing that must be answered under oath and to provide copies or other information that could be helpful to you.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the accident as well as anyone with information regarding your injuries or damages that could be pertinent to your case. During a deposition at-fault party's lawyer will ask you a series of questions, and your responses will be recorded on video or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to assist your lawyer to create an effective and convincing argument to the at-fault party and their insurance company so that you can receive an adequate and fair settlement for your losses, injuries and expenses. While there is no guarantee that every case will settle, the majority do either during or after the discovery process, which can be completed prior to the time your trial.

4. Trial

Although the majority of car accident cases settle through out-of-court negotiations If you and the insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, your case may be heard in a trial. A trial is an official process where both parties are required to present arguments and evidence before the factfinder, who makes an decision on how to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial, your lawyer will give your account of the events in your opening statements to the jury together with any evidence that you have, like photographs or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents such as medical bills and police reports. You can also testify regarding your personal memories of the incident, and how it impacted your life. Expert witnesses can also offer evidence to back up your claims. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

At trial, the jury must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will consider the proximate cause, a complicated legal concept that law students spend hours studying. Proximate cause considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you should receive. This is a more complicated matter due to the severity of your injuries and the severity of your losses. Your lawyer will present evidence, including expert testimony from a witness regarding the severity of your injuries, your loss of income, and your future earnings potential in addition to your suffering and pain, disfigurement, and impairment.

5. Settlement

Each state sets a legal deadline, known as the statute of limitations by which you must settle your claim or make a claim. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you could need to file a car accident lawsuit in court. This can be time consuming and costly, however it is usually necessary to pursue compensation.

During the discovery process your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a procedure that is formal in which both sides exchange information with the other). Your attorney will also file legal documents, known as motions, asking the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can continue throughout the process, and a majority of car accident civil disputes end before a trial can be held.

If they feel that your injury claim is solid and that you are willing to go to trial insurance companies will make an honest settlement offer. Settlement is more efficient and less risky than the court trial.

Before settling an agreement, it is important to understand the extent of your injuries. You must also have completed all medical treatments. You could lose out on additional compensation if you sign a settlement until your doctor has determined that you have attained the point of maximum improvement. It is also important not to sign a contract before you have consulted with your lawyer about the damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will carefully review your medical records as well as other documents to ensure that you receive the entire amount of damages to which you are eligible.