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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official letter of demand if the insurance company is unable to pay the amount you need to cover your injuries. This letter will provide a detailed description of your economic losses such as medical expenses and lost wages, as and non-economic losses such as pain and discomfort.

Then, a judge or jury will make a decision. If they decide in your favor they will make you a victim and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit that involves a car accident the proof of negligence is essential to obtaining compensation for your injuries. Gathering evidence is among the initial steps in the litigation process. it involves collecting documents, photographs, witness testimony as well as official reports, such as police reports.

Your lawyer may be able to establish what happened in the accident by taking photographs of the scene, which include skid marks or road debris, as well as other physical evidence. Record the names and contact details of any witnesses who were present to witness what happened. Witnesses that testify to support your account of the events is essential as it could be common for drivers to have conflicting stories of what happened. This can lead to insurance companies refusing to accept the claim, or even deny any responsibility at all.

Other evidence that your lawyer may use include medical records, which can include receipts, bills, diagnosis reports, lab results, discharge instructions and other evidence that proves the extent of your injuries. You should get these records as soon as you can and ensure that you provide copies to your medical professionals.

A deposition is a different type of evidence that your attorney can make use of. It's an out-of court testimony given under oath and later recorded by a Court Reporter. Your lawyer could make use of the testimony to prove that your injuries have had an immediate and clear connection to the accident which can help justify the compensation you deserve for your damages. Although the majority of the above types of evidence can be gathered at the accident scene or soon afterward but some of the evidence might not be accessible until later in the litigation process. This is why it's crucial to contact a reputable car accident lawyer as soon as you can so that they can begin the investigation while the crucial evidence is in its most pure form.

2. Filing a complaint

Once the dust has sunk and you have tended to your injuries, it's time to seek out legal counsel from an expert. A car accident lawyer can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims you're bringing and the amount of money you are seeking in damages. This document is typically drafted by your lawyer and filed with the court, and then served to the defendant.

The discovery phase begins and allows both parties to exchange information about their defenses and claims. The process can be long and requires both sides to go through a myriad of documents including police reports as well as witness statements medical records, invoices and more. Each side may require interrogatories. These are a series of questions that each party must answer under oath within a specified date.

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

Your lawyer might be able to negotiate a settlement with the insurance company of the driver at the fault. This is more likely after discovery and before the trial. If the insurance company refuses to offer a fair settlement or if you've suffered significant damage that is not covered by the insurance policy, the case could be referred to trial. A jury or judge will make a decision in the case based on all the evidence presented.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident the attorney representing you and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents that support your case, such as medical bills, police reports, work loss records (e.g. the records from your employer that outlines the amount of time you were absent from work due to the accident) photographs of your vehicle, any damage or injuries or other pertinent financial information. Your attorney will also make use of written discovery tools, such as interrogatories, requests for production and requests for admissions in order to question witnesses and other parties who are not part of the case.

These written discovery tools are used to exchange information between attorneys on both sides. Written discovery tools allow the opposing side an opportunity to answer questions in writing that need to be sworn to under oath, and to provide copies of other information that could be useful to you.

Your Long Island car accident law firm attorney will also depose witnesses as well as anyone who has information about your injuries or damages which could be crucial to your case. During a deposition the lawyer representing the party at fault will ask you questions, accidents and your answers will be recorded on video by a court reporter or transcribing.

The goal of these pre-trial investigation procedures is to enable your lawyer to construct a strong and compelling case to the responsible party and their insurer so that you can receive an equitable and fair settlement for your injuries, losses and expenses. Although there is no guarantee that all cases settle however, the majority of cases settle during or after the discovery process, which is often be completed prior to the time your trial.

4. Trial

The majority of car accident cases are resolved through informal negotiations If you and the insurance company are not in agreement about who is to blame or the amount of compensation you are entitled to for your injuries, the case may go to trial. A trial is a formal process in which 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, your lawyer will provide your version of the events in your opening statements to the jury, along with any supporting evidence that you have, like pictures or videos of accident scene, Accident lawyer testimony from bystanders and medical professionals, and documents such as medical bills and police reports. You may also offer your testimony regarding your memory of the incident and how it has had an impact on your life. Expert witnesses can also offer testimony to support your claims. The attorney representing the defendant may cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will determine at trial whether the plaintiff's harm was the result of the defendant's reckless behavior. They will look at the proximate cause, a complicated legal concept that law school students spend hours studying. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury must also decide how much compensation you should receive. It's also a complex issue because it is contingent on the severity of your injuries as well as the extent to which you've suffered. Your lawyer will present your evidence that includes expert witness testimony regarding the severity of your injuries, your loss of income, and future earnings potential, as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state establishes a legal deadline, referred to as the statute of limitations, in which you must settle your claim or file a lawsuit. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you might have to file a car accident lawsuit in court. It's costly and time-consuming, but this is usually required to obtain compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a process formal where both sides exchange information with the other). Your attorney will also file legal documents, known as motions, which ask the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can go on throughout this process, and a lot of civil disputes in car accidents settle before a trial has to be held.

If they believe that your claim is solid and you are willing to go to trial insurance companies will make an appropriate settlement offer. In addition, settlement is quicker and less risky for them than a trial.

It is vital to be aware of your injuries prior to committing to the settlement. It is also important to have completed all medical treatment. If you agree to a settlement prior to your doctor determining that you have reached your maximum medical improvement (MMI) it is possible to not receive additional compensation. Also, you should not sign a release until you have had a conversation with your lawyer and received an accurate understanding of your damages. Your lawyer will ensure that you don't lose out on a significant amount of compensation. They will review your medical records, and other documents to ensure that you receive all compensation you're entitled to.