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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official demand letter if an insurance company refuses to pay you the amount you require for your injuries. The letter will outline all of your financial losses such as medical costs and lost wages as in addition to non-economic damages such as discomfort and pain.

Then a judge or jury will take a call. If they rule in your favor you will be awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving 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, accident attorney official reports, such as police reports, and other official reports.

Your attorney might be able to establish what happened during the accident by taking photos of the scene, including skid marks or road debris, as well as other physical evidence. Also, take note of the names and contact information of any eyewitnesses who witnessed what transpired. Witnesses who testify to corroborate your version of the events is essential especially as it can be common for drivers to have contradictory stories of what happened. This results in insurance companies refusing to accept the claim or deny responsibility altogether.

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

Another type of evidence your lawyer could employ is a deposition which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer can utilize this testimony to prove that your injuries had an immediate, obvious connection to the accident. This is a good argument to support the need for compensation. While the majority of these kinds of evidence can be collected at the scene of the accident or within a short time after, some of them may not be accessible until later in the litigation process. This is the reason it's essential to talk to a reputable car accident lawyer as quickly as possible, so that they can begin the investigation while vital evidence is still in its purest form.

2. Filing a Complaint

After the dust has settled and you have tended to your injuries, it's the time to seek professional legal advice. A car accident attorney will be able to provide the expert advice you require to help you get the most compensation for your claim.

The first step is filing a complaint with the court. The complaint will detail your specific claims and the amount of money you'd like to recover in damages. The document is usually written by an attorney and then filed in court. It is also given to the defendant.

The discovery phase starts and allows both parties to exchange information regarding their claims and defenses. The process can take a long time and requires both teams to go through a myriad of documents including police reports, witness statements medical records, invoices and more. Both sides can request interrogatories. These are a series of questions that the other side has to answer under oath in the timeframe specified.

Throughout this process, your lawyer will also work with medical professionals to ensure they have a complete picture of the severity of your injuries and the impact they have had on your daily life. Your attorney will then calculate the total damages you have suffered that include future and past medical expenses and lost earnings, as well as suffering and pain and much more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver who is at the fault. This is more likely following discovery, but before trial. However, if the insurance company refuses to provide a fair settlement or if you've incurred significant losses that aren't covered by the insurance policy, the case may move forward to trial. A judge or jury will make a decision on the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any lawsuit involving a car accident in which your attorney and the negligent driver's insurance company exchange information that could help or hurt your claim. Your attorney will seek copies of all documents to prove your case. These include police reports as well as medical bills and work loss documents from your employer (showing how much time you missed due to the accident), photos of your vehicle and any damages or injuries and other financial details. Your attorney will also use written discovery tools such as interrogatories and requests for production, as well as requests for admissions in order to question witnesses and other parties that aren't present in the case.

These tools for discovery in writing are exchanged back and forth between the attorneys for both sides. The written discovery tools provide the opposing side a chance to answer questions in writing which must be answered under oath. They also ask you to provide copies or other information which could be helpful to you.

Your Long Island car accident attorney will also depose witnesses and anyone who has information about your injuries or damages that could be essential to your case. During a deposition the lawyer representing the party at fault will ask you questions and your answers could be recorded on video by the court reporter or translated.

The goal of these pre-trial investigation procedures is to help your lawyer to create an effective and convincing argument against the at-fault party as well as their insurer in order that you can receive a fair and complete settlement for your injuries, losses and expenses. While there is no assurance that all cases will settle however, the majority of cases settle during or after the discovery process, which is often be completed before your case reaches trial.

4. Trial

Trials can be arranged in situations when you and the insurance company disagree on fault or the amount you should receive for your injuries. A trial is a formal process in which both parties present arguments and evidence before an impartial factfinder who takes a decision to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will provide your version of the events in your opening statements to the jury, along with any supporting evidence you have, including photos or video of the accident scene, witness testimony from bystanders and medical professionals, as well as documents like medical bills and police reports. You may also testify about your memory of the incident, and how it impacted your life. Expert witnesses can also testify to support your assertions. The lawyer for the defendant can cross-examine witnesses and challenge to the admissibility of certain evidence.

At trial, the jury will determine if the plaintiff's injuries were the result of the negligence of the defendant. They will look at proximate cause an intricate legal concept that lawyers have to spend many hours studying during law school. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury is also required to determine the amount of damages you are entitled to. This is a more complicated matter due to the severity of your injuries and the extent of your losses. Your attorney will provide evidence including expert testimony regarding the severity of 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 deadline within which you can settle your claim, or even file a lawsuit. This is known as the statutes of limitations. If your lawyer is not able to reach a settlement with the insurer, you could be required to make a court filing. It can be expensive and time-consuming. However, it is usually required to obtain compensation.

During this procedure, your Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents called motions to request the court for things like the exclusion of certain types of evidence at trial. Settlement negotiations can continue throughout the process, and many civil disputes arising from car accidents end before a trial can be held.

If they feel that your injury claim is solid and that you are willing to go to trial insurance companies will make an acceptable settlement offer. In addition, the settlement process is faster and less risky for them than a trial.

It is important to fully comprehend your injuries before you agree to the settlement. You must also have completed all medical treatments. You could lose out on additional compensation if you sign an offer of settlement until your doctor has determined that you have reached the point of maximum improvement. Also, you should not sign an agreement until you have spoken with your lawyer and gained an accurate understanding of your losses. Your lawyer will make sure that you do not be denied compensation that is valuable. They will scrutinize your medical records, and other documents, to ensure that you receive all damages that you are entitled to.