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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal letter of demand if the insurance company refuses to provide you with the amount you're entitled to for your injuries. This will list all your financial losses including medical expenses and lost wages, as well as non-economic damages like pain and suffering.

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

1. Gathering Evidence

In a lawsuit that involves an automobile accident, proving negligence is vital to obtaining compensation for your injuries. Gathering evidence is one of the first steps of the litigation process, and it requires gathering documents such as photographs, witness testimony as well as official reports such as police reports.

Your attorney may be able to determine what transpired in the incident by taking photographs of the scene, including skid marks road debris, skid marks and other physical evidence. Take down the names and contact details of any witnesses who witnessed the events. It is crucial to have witnesses corroborate the events that occurred, as it can often be the case that drivers give contradictory accounts that lead to insurance companies refusing to accept or deny responsibility.

Other types of evidence your lawyer might use include medical records. These could include bills, receipts, diagnosis reports, lab results, discharge instructions and other documentation that demonstrate the extent of your injuries. You should seek these records as soon as possible and ensure that you send copies to your healthcare providers.

Another type of evidence that your attorney might make use of is a deposition which is an out-of-court testimonies given under oath, and then transcribed 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 damages. Most of the evidence mentioned above can be obtained at the scene of the accident or shortly afterwards, but some may not be available until much later in the litigation. This is why it's crucial to consult a highly-credentialed car accident law firms (http://kinglish.com/bbs/board.php?bo_Table=review&wr_id=340125) lawyer as quickly as possible so that they can begin the investigation as evidence is in its most pure form.

2. How to file a complaint

After the dust has cleared and you've taken care of your injuries, seek legal advice from an experienced. A lawyer for car accidents will be able to provide the expert advice you require to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with court, which details the specific claims that you have filed and the amount of money you're seeking in damages. This form is usually prepared by an attorney, and filed in the court. It is also served on the defendant.

It also kicks off the discovery phase that allows both sides to exchange information and evidence related to their claims and defenses. The process can take a long time and both teams will have to look over a variety of documents including police reports and witness statements. They might also need to examine medical records or bills, as well as other documents. Each side may ask for interrogatories, which are a set of questions that each party must answer under oath within a specified time frame.

Throughout this process, your lawyer will also collaborate with doctors to ensure that they have a complete picture of the severity of your injuries and the impact they've had on your daily life. Your lawyer will calculate the total damages. This will include past and upcoming medical expenses and lost wages, as well as suffering and pain, and much more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver at the fault. This is more likely to happen after discovery and before the trial. If the insurance company is unable to negotiate a fair settlement or if you've suffered significant losses that aren't covered by the insurance policy, the case may go to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is an important phase in any car accident case. This is where your attorney and the negligent driver's insurer exchange information that could support or hurt your claim. Your attorney will request copies of documents that support your case, including police reports, medical bills and work loss records (e.g., from your employer showing the amount of time you were absent from work due to the accident), photographs of your vehicle and any injuries or damage and other financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to question witnesses and witnesses who are not present.

These documents are exchanged between attorneys on both sides. They provide the opposing party an opportunity to reply to questions in writing, which have to be answered under oath and to supply copies of specific documents or other information that may be relevant to your case.

Your Long Island car accident attorney will also depose witnesses and anyone with information about the damages or injuries you sustained that could be crucial to your case. During a deposition at-fault party's lawyer will ask you various questions, and your responses will be recorded on video or transcribed by a court reporter.

The goal of these pretrial investigation processes is to help your lawyer to build a strong and compelling case to the at-fault party and their insurance company so that you can get an equitable and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in every case however, the majority of cases do so after or during the investigation process, which usually completed prior to the trial.

4. Trial

Trials are a possibility in situations when you and the insurance company disagree on the source of your fault or the amount of compensation you are entitled to for your injuries. A trial is an official proceeding where both parties are required to present arguments and evidence before a factfinder who makes a decision on how to settle the dispute. In personal injury cases the factfinder is usually a jury.

During the trial your lawyer will provide your version of the events in opening statements to the jury, as well as any other evidence you have, including photos or video of the accident scene, testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You can also give your testimony regarding your memory of the incident and how it impacted your life. Expert witnesses can also provide testimony to support your claims. The lawyer for the defendant may cross-examine witnesses, and argue against the admissibility of specific evidence.

The jury will decide at trial whether the plaintiff's injury was the result of the defendant's negligence. They will examine the proximate cause, a complicated legal concept that law students spend hours studying. Proximate causes examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. It's a difficult issue due to the severity of your injuries and the amount to which you've suffered. Your attorney will provide evidence including expert testimony about the severity of your injuries loss of income, future earnings potential, as also your pain and suffering and impairment.

5. Settlement

Every state has a legal deadline, commonly referred to as the statute of limitations in which you must settle your claim or bring a lawsuit. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you may need to file a car accident lawsuit in the 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 attend hearings as well as participate in discovery (a formal procedure where each side exchanges information with each other). Your attorney will also submit legal documents, referred to as motions, requesting the court to do things such as excluding certain types evidence from trial. Settlement negotiations may continue throughout this process. A lot of car accident civil disputes are resolved before a trial is needed.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is strong and you'll be willing to go to trial. In addition the settlement process is faster and less risky than a trial.

Before settling an agreement, it is important that you fully understand the severity of your injuries. You must also have completed all medical treatment. It is possible to lose additional compensation if you sign an offer of settlement until your doctor has determined that you have reached the level of medical improvement that is the highest. Also, you should not sign a release until you have spoken to your lawyer about your damages. Your lawyer will make sure that you don't miss out on a significant 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 which you are entitled.