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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if an insurance company is unable to pay the amount you need for your injuries. This will list all your financial losses, such as medical bills and lost wages, and non-economic damages, like suffering and pain.

Then a judge or jury will make a decision. If they decide in your favor, you will be awarded damages and the defendant will be required to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving negligence and liability is key to obtaining compensation for your losses and injuries. Collecting evidence is one the first steps of the process of litigation, and it involves gathering documents, photographs, witness testimony as well as official reports like police reports.

Your attorney may be able to determine the circumstances of the accident attorney by taking pictures of the scene, including skid marks or road debris, as well as other physical evidence. Record the names and phone numbers of any witnesses who witnessed what transpired. Witnesses who testify to corroborate your account of events is important especially as it can be common for drivers to give contradicting versions of what transpired, which leads to insurance companies refusing to accept the claim or deny any responsibility at all.

Other forms of evidence your lawyer might use include medical records, which can include receipts, bills diagnose reports, lab results, discharge guidelines, and other evidence that demonstrates the severity of your injuries. It is important to obtain these records as soon as you can, and also provide copies to your healthcare providers.

Another type of evidence that your attorney might make use of is a deposition which is out-of-court testimony given under oath that is then transcribing by a court reporter. The lawyer can utilize this testimony to prove that your injuries had an obvious, predicable connection to the accident. This helps to justify seeking compensation. Most of the evidence discussed above can be obtained at the scene of the accident or within a short time, but some may not be available until later in the legal process. This is why it's vital to speak with a well-credentialed lawyer for car accidents as soon as possible so that they can begin an investigation as evidence is in its purest form.

2. The process of filing a complaint

After the dust has settled and you've taken care of your injuries, you should seek legal advice from an experienced. An attorney for car accidents can provide the expertise needed to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with the court, describing the specific claims that you're bringing and the amount you are seeking in damages. This document is usually drafted by an attorney and filed in court. It is also served to the defendant.

The discovery phase begins and allows both parties to share information regarding their defenses and claims. The process can take a long time, and both teams will be required to examine a large number of documents like police reports and witness statements. They might also need to examine medical records and bills as well as other documents. Each side can ask for interrogatories, which are a series of questions which the other party must answer under oath by a predetermined time frame.

During this stage, you lawyer will also collaborate with doctors to gather the full picture of your injuries as well as the impact that they've caused on your life. Your lawyer will estimate the total damages. This will include any future medical expenses, lost wages, suffering and pain and suffering, and more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver at fault. This is likely to take place after the completion of discovery and before trial. If the insurance company refuses an acceptable settlement, or if the damages are significant and not covered by insurance, then you could have to go to trial. A judge or jury will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident, where your attorney and the insurance company exchange information that could assist or derail your claim. Your attorney will request documents that can support your case, including police reports, medical bills or work-related loss records (e.g. the records from your employer indicating how much time you missed work due to the accident) photographs of your vehicle and any damages or injuries, and other relevant financial information. Your attorney may also employ documents for discovery in writing, such as interrogatories and requests for production to inquire about witnesses and parties who are not present.

These tools for discovery in writing are distributed back and forth between attorneys for both sides. They provide the opposing party the chance to respond to questions in writing, that must be answered under oath and to supply copies of specific documents or other information that could be useful to your case.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the accident, as well as anyone with information on your injuries or damage that could be crucial to your case. During a deposition, your lawyer representing the party at fault will ask you questions and your responses will be recorded on video by a court reporter or transcribing.

These pre-trial investigation procedures are designed to assist your lawyer construct a compelling argument against the person at fault and their insurance company in order to get a fair settlement for all your losses, injuries and losses, costs and expenses. There is no guarantee of a settlement in each case however, most do so during or after the investigation process, which is often completed before the trial.

4. Trial

While the vast majority of car accidents settle through out-of-court negotiations If you and the insurance company disagree about fault or the amount of compensation you should receive for your injuries, the case may go to trial. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder who renders a verdict which settles the dispute. In personal injury cases the factfinder is usually a jury.

During the trial, your lawyer will present your version of events in your opening statements to the jury as well as any other evidence you have, such as photos or video of the accident scene, testimony from witnesses and medical professionals, as well as documents like medical bills and police reports. You can also testify regarding your memory of the incident and how it impacted your life. Expert witnesses can also testify to back your assertions. The lawyer of the defendant may cross-examine witnesses and challenge to the admissibility of certain evidence.

In a trial, the jury will decide 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 have to spend hours studying. Proximate cause considers the relationship between the defendant's actions and the plaintiff's injuries.

A jury is also required to decide how much compensation 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 have suffered. Your lawyer will present evidence that includes expert testimony regarding the severity of your injuries as well as lost income and future earning potential, as well as your pain and suffering as well as impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer is unable to come to a deal with the insurance company, you may be required to file a lawsuit in court. It can be costly and time-consuming. However, it is often necessary to get compensation.

During this process, your Long Island personal injury lawyer will be involved in discovery (a formal process in which parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents known as motions to ask the court for certain things, such as the exclusion of 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.

If they believe that your claim is solid and you are willing to go to trial the insurance company will offer an honest settlement offer. Additionally, the settlement process is faster and less risky for them than a trial.

It is crucial to be aware of your injuries before you agree to the settlement. You must have completed all medical treatment. You may not receive additional compensation if settling a settlement until your doctor has confirmed that you have achieved the maximum medical improvement. It is also important not to sign a release until you've spoken with your lawyer about your damages. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will look over your medical records, and other documentation, to ensure that you receive all the damages that you are entitled to.