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The First Steps in Car Accident Litigation

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

A judge or jury will then come to a decision. If they decide to your advantage you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving liability and negligence is essential to receive compensation for your losses and 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.

Photographs of the scene of the accident could aid your lawyer in determining what happened during the accident, including the position of both cars following the impact, skid marks, road debris and other physical evidence. Note down the names and contact details of any witnesses who saw what transpired. It is crucial that witnesses corroborate the events that took place, as it can often happen that drivers give contradictory stories that lead to insurance companies denying or refusing liability.

Other evidence forms your lawyer may use include medical records, which could include bills, receipts diagnose reports, lab results, discharge instructions, and other documents that show the extent of your injuries. It is important to obtain these records as soon as possible and ensure that you provide copies to your healthcare providers.

A deposition is yet another type of evidence that your attorney can make use of. This is an out-of court testimony given under oath. It is then recorded by a Court Reporter. Your lawyer can make use of the testimony to prove that your injuries have had a direct and foreseeable connection to the accident, which helps justify requesting compensation for your injuries. Although the majority of the above types of evidence can be gathered at the accident scene or within a short time after 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 law firm lawyer as soon as possible, so that they can begin an investigation as evidence is in its most pure form.

2. Making a Complaint

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

The first step is to file an application with the court. This will outline your specific claims and the amount you wish to recover in damages. This document is typically drafted by your attorney and filed with the court, and then served to the defendant.

This also triggers the discovery phase which allows both parties to exchange information and evidence that is related to their claims and defenses. The process can take a long time and requires both teams to examine a variety of documents, including police reports as well as witness statements and medical records, as well as bills and much more. Each side is able to request interrogatories. These are a series questions which the other side has to answer under oath in the specified timeframe.

Throughout this process, your lawyer will also work with doctors to ensure they have a complete picture of the seriousness of your injuries and the impact they've affected your daily routine. Your attorney will calculate your total damages including past and future medical expenses loss of earnings, suffering and pain and much more.

Your lawyer might be able to come to a settlement agreement with the insurance company of the driver at the fault. This will most likely occur following the conclusion of discovery and before trial. However, if the insurance company refuses to offer a fair settlement or if you've sustained significant losses that aren't covered by the insurance policy, your case may go to trial. A jury or judge will make a decision on the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will ask for copies of documents that support your case, such as police reports, medical bills and work loss records (e.g. documents from your employer that outlines the amount of time you were absent from work because of the accident) photographs of your vehicle as well as any damage or injuries as well as other financial information. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to question parties and witnesses who are not present.

These written discovery tools are circulated back and forth between attorneys for both sides. They provide the opposing party the opportunity to answer questions in writing, that must be sworn to under oath, Accident and to supply copies of specific documents or other information that could be helpful to your case.

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

The goal of these pretrial investigation processes is to allow your lawyer to construct an argument that is persuasive and strong to the party at fault and their insurer so that you can get an equitable and fair settlement for your losses, injuries and expenses. While there is no guarantee that all cases will settle but the majority settle either during or after the discovery process, which may be completed prior to the time your trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations If you and the insurance company aren't in agreement on the cause or how much compensation you should receive for your injuries, your case could be heard in a trial. A trial is a formal hearing where both sides present arguments and evidence to a factfinder who issues a decision that resolves the dispute. In personal injury cases the factfinder usually a jury.

During the trial the lawyer will provide your version 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, testimony from people who witnessed the accident and medical professionals, and documents such as police reports and medical bills. You can also give your testimony regarding your memories of the incident and how it affected your life. Expert witnesses can also testify to support your claims. The attorney for the defendant can cross-examine witnesses and object to the admissibility of specific evidence.

At trial, the jury has to decide if the plaintiff's injuries were caused by the defendant's negligence. They will consider the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate causes considers the relationship between the defendant's actions and the plaintiff's injuries.

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

5. Settlement

Every state has a deadline that you must meet to settle your claim or file an action. This is referred to as the statute of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you might need to file a car accident lawsuit in court. It can be costly and time-consuming, but it is often necessary to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings and participate in discovery (a process formal where both sides exchange information with the other). Your attorney will also submit legal documents, referred to as motions, requesting the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can continue throughout this process, and most car accident civil disputes end before a trial can be held.

If they believe your injury claim is valid and you are willing to go to trial, insurance companies will make a fair settlement offer. Additionally settlement is quicker and less risky than a trial.

It is vital to fully understand your injuries prior to committing to an agreement. You must have completed all medical treatment. It is possible to lose additional compensation if settling the settlement until your physician has confirmed that you have achieved the point of maximum improvement. Don't sign an agreement until you have spoken with your lawyer and have a complete understanding of your losses. Your lawyer will make sure that you don't miss out on valuable compensation. They will look over your medical records, and other documentation to ensure that you receive all damages that you are entitled to.