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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 the amount you're entitled to for your injuries. This letter will detail all of your economic damages such as medical expenses and lost wages as in addition to non-economic damages like discomfort and pain.

Then a jury or judge will make a decision. If they decide to your advantage, you will be awarded damages and accident law firms the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving negligence and liability is key to obtaining compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photographs, documents, witness testimony, official reports like police reports and other official reports.

Photographs of the scene of the accident may assist your attorney in determining what actually transpired during the crash, including the position of both cars following the impact, skid marks road debris, and other physical evidence. Note down the names and contact numbers of any witnesses who were present to witness what transpired. Witnesses that testify to support your account of what transpired is vital as it could be common for drivers to have conflicting reports of what happened, which leads to insurance companies refusing to accept the claim or denying responsibility altogether.

Other types of evidence your lawyer might use include medical records, which could include bills, receipts diagnose reports, lab results, discharge instructions, and other evidence that proves the extent of your injuries. You should get these records as soon as possible and be sure to send copies to your healthcare providers.

Depositions are another form of evidence your lawyer could utilize. This is an out-of court testimony under oath, and then translated by a court reporter. Your lawyer can make use of the testimony to prove that your injuries had a direct and foreseeable connection to the accident which can help justify the compensation you deserve for your damages. Most of the evidence mentioned above can be gathered at the site of the accident law firm or within a short time, but some may not be available until later in the legal process. It's crucial to speak with a lawyer for car accidents with the appropriate credentials as soon as you can so they can begin an inquiry while the evidence is in its purest form.

2. Filing a complaint

Once the dust has sunk and you have tended to your injuries, it's time to seek expert legal advice. An attorney for car accidents can provide the expertise needed to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint in court, which lists the specific claims you have filed and the amount you are seeking in damages. The document is usually drafted by your attorney and filed with the court and then served on the defendant.

The discovery phase begins by allowing both parties to exchange information about their claims and defenses. The process can be long and requires both parties to look over a number of documents, including police reports witnesses' statements, police reports medical records, invoices and much more. Each side is able to request interrogatories. These are a series of questions which the other side must answer under oath within an agreed upon timeframe.

In this stage, your lawyer will also collaborate with doctors to ensure that they have a complete picture of the extent of your injuries and the impact they have affected your daily routine. Your attorney will calculate your total damages including future and past medical expenses and lost earnings, as well as suffering and pain and much more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver at the fault. This is most likely to be the case following the completion of the discovery process and prior to trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've incurred significant damage that is not covered by the insurance policy, your case could be referred to trial. A judge or jury will make a decision in the case based on all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any lawsuit involving a car accident where your lawyer and the insurance company of the negligent driver company exchange information that could help or hurt your claim. Your attorney will request documents that can support your case, such as police reports, medical bills, work loss records (e.g., from your employer showing how long you missed work because of the accident law firms) photos of your vehicle as well as any injuries or damages, and other relevant financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and parties who are not present.

These tools for discovery in writing are sent back and forth between the attorneys from both sides. They provide the opposing party the chance to respond to questions in writing, which need to be sworn to under oath, and to provide copies of certain documents and other information that could be useful to your case.

Your Long Island car accident attorney will also depose witnesses as well as any other person with information about the damages or injuries you sustained that could be important to your case. During a deposition the lawyer representing the party at fault will ask you questions and your responses are recorded on video by a court reporter or transcribing.

The pretrial investigation process is designed to assist your lawyer create a compelling case against the person who is at fault and their insurance company in order to obtain a fair settlement for all your losses, injuries as well as losses, expenses and costs. There is no guarantee of a settlement in every case however most do so during or after the investigation process, which usually done prior to trial.

4. Trial

Trials are possible when you and the insurance company are not in agreement on fault or the amount of compensation you should receive for your injuries. A trial is a formal proceeding where both parties present arguments and evidence before the factfinder, who makes an announcement to settle the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial your lawyer will be able to provide your version of the events in your opening statements to the jury, along with any supporting evidence you have, such as images or videos of the accident scene, testimony from witnesses and medical professionals, as well as documents such as police reports and medical bills. You can also testify regarding your personal memories of the incident, and how it impacted your life. Expert witnesses can also give testimony to support your assertions. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of specific evidence.

The jury will decide at trial if the plaintiff's injury was the result of the defendant's negligence. They will consider proximate cause which is a tangled legal concept that lawyers spend countless hours studying during law school. Proximate cause looks at the relationship between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. It's a difficult issue because it is contingent on the extent of your injuries and the extent to which you have suffered. Your lawyer will provide evidence that includes expert testimony regarding the severity of your injuries as well as lost income and future earning potential, as well as your pain and suffering as well as impairment.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer is not able to reach a settlement with the insurer, you might have to make a court filing. This can be time consuming and expensive, but it is often 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 the other). Your lawyer will also file legal documents known as motions that ask the court for specific things such as the exclusion of certain types of evidence at trial. Settlement negotiations can go on throughout the entire process, and most civil disputes arising from car accidents end before a trial is required to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and that you are willing to take the case to trial. Additionally, the settlement process is faster and less risky than a trial.

It is important to fully understand your injuries before you agree to a settlement. You must also have completed all medical treatment. You may not receive additional compensation if settling the settlement before your doctor has concluded that you have reached the point of maximum improvement. Also, you should not sign a release until you have spoken with your lawyer and had a complete understanding of your damages. Your lawyer will make sure that you don't get a poor deal on compensation. They will go through your medical records and other documents, to ensure that you are entitled to all damages you are entitled to.