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The First Steps in Car Accident Litigation

If the insurance company refuses to pay the amount of money you need to cover your injuries, our determined attorneys will prepare an official demand letter. It will detail all your financial damages such as medical bills and lost wages, as well as non-economic damages, such as pain and suffering.

Then a judge or jury will decide. If they rule in your favor they will be able to award you damages, and the defendant has to pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident could aid your lawyer in determining what happened during the collision, including the positions of both vehicles after impact, skid marks, road debris and other physical evidence. Also, note the names and contact information of any witnesses who witnessed what occurred. It is crucial that witnesses to verify the events that took place, since it can often be the case that drivers offer contradictory information that can lead to insurance companies denying or refusing the responsibility.

Medical records can also be used by your lawyer to establish the severity of your injuries. They could include bills, receipts, lab results, diagnosis reports, discharge instructions and other documentation. You should obtain these records as quickly as you can, and also provide copies to your healthcare professionals.

Depositions are another form of evidence your lawyer may utilize. It is a non-in the court testimony that is under oath, and then transcribing by a Court Reporter. Your lawyer could make use of the testimony to prove the fact that your injuries had an immediate and predicable connection to the crash and can be used to justify compensation for your injuries. Most of the evidence discussed above can be gathered at the site of the accident or shortly afterwards however, some might not be available until much later in the legal process. This is why it's important to consult a highly-credentialed lawyer for car accidents as soon as possible, so that they can begin an investigation while the crucial evidence is in its purest form.

2. Filing a Complaint

Once the dust has settled and you've taken care of your injuries, it's the time to seek expert legal advice. An attorney who has handled car accidents will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint in court, which details the specific claims you are making and how much money you are seeking in damages. The complaint is typically written by your attorney and filed with the court and then served on the defendant.

The discovery phase begins, Attorneys allowing both parties to share information about their defenses and claims. The process can take a long time and requires both teams to look over a number of documents, including police reports as well as witness statements medical records, invoices and much more. Each side can request interrogatories, which are a set of questions that each party must answer under oath by a predetermined date.

During this stage, you lawyer will also collaborate with doctors to get the full picture of your injuries and the impact they've had on your life. Your attorney will then calculate the total damages you have suffered including future and past medical expenses, lost earnings, suffering and pain, and more.

Sometimes, your lawyer might be able to reach an agreement with the responsible driver's insurance company. This is more likely to happen following discovery, but before trial. However, if the insurance company is unable to negotiate a fair settlement or if you've incurred substantial damages that aren't covered by the insurance policy, the case could be referred to trial. A judge or jury will make a decision on the case based on all the evidence presented.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident, where your attorney and the insurance company of the negligent driver company exchange information that may aid or hinder your claim. Your attorney will seek copies of all documents to prove your case. These documents include police reports medical bills, as well as work loss records from your employer (showing how much time you missed due to the accident) photos of your vehicle as well as any injuries or damages as well as other financial data. Your attorney could also make use of written discovery tools such as interrogatories and requests for production to inquire about witnesses and witnesses who are not present.

These documents are exchanged between attorneys from both sides. They provide the opposing party an opportunity to reply to questions in writing, which must be sworn to under oath, and to provide copies of certain documents or other data that could be useful to your case.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the collision as well as anyone with information on your injuries or damages that could be important to your case. In 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 pretrial investigation process is designed to assist your lawyer create a compelling argument against the person at fault and their insurer to secure an equitable settlement for all your injuries or losses, as well as expenses. Although there is no guarantee that all cases will settle however, the majority of cases settle at the end of or following the discovery process, which can be completed prior to the time your case reaches trial.

4. Trial

While the vast majority of car accidents are resolved through informal negotiations If you and the insurance company disagree about fault or how much compensation you are entitled to for your injuries, your case may go to trial. A trial is an official proceeding in which both parties present their arguments and evidence to a factfinder who makes a decision to resolve the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your version of the events that occurred during the trial. This will include any evidence supporting it that may be presented, including photographs or videos of the scene of the accident witness testimony, statements from witnesses and medical professionals, and documents such as police reports and bills. You may also testify on your memory of the incident and how it impacted your life. Expert witnesses can also testify to support your assertions. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

In a trial, the jury has to decide if the plaintiff's injuries were caused by the defendant's negligence. They will examine proximate cause, a complicated legal concept that lawyers will spend many hours studying during law school. Proximate cause looks at the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury must also decide how much compensation you should receive. This is a thorny issue depending on the severity of your injuries and the severity of your losses. Your lawyer will present evidence which includes expert testimony from a witness regarding the severity of your injuries, your loss of income, and your future earnings potential, as well as your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state establishes a legal deadline, referred to as the statute of limitations, where you have to settle your claim or bring a lawsuit. If your lawyer is not able to negotiate a settlement with the insurer, you could be required to file a lawsuit in court. It is costly and time-consuming. However, it is often necessary to seek compensation.

During this procedure during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and attend hearings. Your attorney will also file legal documents, known as motions, asking the court to take actions like excluding certain kinds of evidence from trial. Settlement negotiations may continue throughout this process. Many car accident civil disputes are settled before trial is required.

If they believe that your injury claim is legitimate and you are willing to go to trial insurance companies will make a fair settlement offer. Settlements are quicker and less risky than the court trial.

It is important to fully understand the extent of your injuries prior to agreeing to the settlement. You must also have completed all medical treatment. You may not receive additional compensation if you sign a settlement until your doctor has concluded that you have reached the level of medical improvement that is the highest. Also, you should not sign a release before you have consulted with your lawyer regarding your damages. Your lawyer will make sure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully review your medical records as well as other documents to make sure that you get the full amount of damages for that you are eligible.