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The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter in the event that the insurance company refuses to pay you the amount you need to cover your injuries. This will include all of your financial damages like medical bills and lost wages, and non-economic damages, such as pain and suffering.

A jury or judge will then come to a decision. If they decide in your favor they will make you a victim and the defendant will be required to pay them.

1. Gathering Evidence

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

Photographs of the scene of the accident may help your attorney establish what happened during the crash, including the position of both vehicles after impact, skid marks road debris and other physical evidence. Also, keep track of the names and contact information of any eyewitnesses who saw what occurred. It is crucial to have witnesses to verify the events that occurred, as it can often be the case that drivers provide contradictory stories that lead to insurance companies refusing to accept or deny the responsibility.

Medical records can also be utilized by your lawyer to demonstrate the extent of your injury. These documents may include bills, receipts and lab results, diagnose reports, discharge instructions, and other documents. You should get these records as soon as possible and provide copies to your healthcare professionals.

Another form of evidence that your lawyer could employ is a deposition which is a non-court-issued testimony that is given under oath and recorded by a court reporter. Your lawyer could utilize the testimony to prove that your injuries have an immediate and obvious connection to the accident, which helps justify requesting compensation for your losses. The majority of the evidence listed above can be gathered at the site of the accident or soon after however, some might not be available until later in the legal process. It is crucial to contact an attorney for car accidents with the right credentials immediately so they can begin an investigation as evidence is in its most pure form.

2. Making a complaint

After the dust has cleared and you've taken care of your injuries, you need to seek legal advice from a professional. A car accident Attorneys attorney will provide the knowledge and expertise to help you obtain maximum compensation for your claim.

The first step is to file a complaint with the court. The complaint will detail your specific claims and the amount of money you want to recover in damages. This type of document is typically drafted by an attorney and then filed in the court. It is also served on the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and evidence related to their claims and defenses. The process can take a considerable time and both teams may need to review a lot of documents, including police records and witness statements. They might also have to look at medical records or bills, as well as other documents. Each side is able to request interrogatories. These are a set of questions which the other side must answer under oath in the specified timeframe.

During this stage, you lawyer will also work closely with your doctor to get the full picture of your injuries and the impact that they've caused on your life. Your attorney will calculate the total damages. This includes future and past medical expenses as well as lost wages, pain and suffering and more.

Sometimes, your lawyer may be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely to happen after discovery and prior to trial. If the insurance company is unable to provide a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, the case may go to trial. A jury or judge will decide on the case based on all of the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is where your attorney and negligent insurer of the driver exchange information that could help or derail your claim. Your attorney will request documents that can support your case, including police reports, medical bills and work loss records (e.g. the records from your employer indicating the amount of time you were absent from work because of the accident), photographs of your vehicle and any injuries or damage, and other relevant financial information. 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 discovery tools written in writing are sent back and forth between the attorneys on both sides. They provide the opposing party a chance to respond to questions in writing, which need to be sworn to in oath and to supply copies of certain documents or other information that could be helpful to your case.

Your Long Island car accident lawyer will also be able to depose witnesses to the collision as well as any person who has information about your injuries or damages that could be important to your case. In a deposition, the at-fault party's lawyer will ask you various questions, and your answers will be recorded on video, or transcribed by a court reporter.

These pretrial investigation procedures are designed to help your lawyer construct a compelling argument against the person at fault and their insurance company in order to secure an equitable settlement for all of your injuries or losses, as well as expenses. There is no guarantee of a settlement in each case however, the majority of cases will settle during or following the investigation process, which is often completed before the trial.

4. Trial

Trials are a possibility in situations when you and the insurance provider disagree regarding the fault of the other party or the amount you should be awarded for your injuries. A trial is a formal proceeding where both sides submit arguments and evidence to a factfinder, who makes a ruling that resolves the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial, Accident attorneys your lawyer will present your version of events in your opening statements to the jury along with any supporting evidence you have, including photographs or videos of the accident lawyer scene, witness testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You can also testify about your personal 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 challenge the admissibility of certain evidence.

In a trial, the jury must 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 school students spend hours studying. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff's injuries.

A jury is also required to determine how much damages you should receive. It's also a complex issue because it depends on the extent of your injuries and the degree to which you've suffered. Your lawyer will present your evidence which includes expert witness testimony about the severity of your injuries, your lost income, as well as future earnings potential in addition to your pain and suffering as well as impairment, disfigurement and.

5. Settlement

Every state has a deadline by which you can settle your claim, or even file a lawsuit. This is known as the statutes of limitations. If your lawyer cannot negotiate a settlement with your insurer, you could be required to start a lawsuit in the courtroom. This could be a lengthy process and expensive, but it is often necessary to pursue compensation.

During this process you and your Long Island personal injury lawyer will participate in discovery (a formal procedure where each party exchanges information with the other side) and be present at hearings. Your lawyer will also file legal documents known as motions asking the court for things like excluding certain types of evidence in trial. Settlement negotiations may continue throughout this process. A lot of civil disputes are settled before trial is required.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is solid and that you are willing to go to trial. Additionally, the settlement process is more efficient and less risky than a trial.

Before settling a settlement, it is important that you fully understand the severity of your injuries and that you have completed all medical treatment. If you sign a settlement before your doctor has determined that you have reached the maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. Don't sign the release until you've had a conversation with your lawyer and gained a complete understanding of your damages. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will carefully examine your medical records and other documents to make sure that you receive the entire amount of damages to which you are entitled.