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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter in the event that the insurance company refuses to pay you the amount you need for your injuries. This will list all the economic losses you have suffered, such as medical bills and lost wages, as well as non-economic damages like suffering and pain.

A jury or judge will then take a call. If they come to a decision to your advantage, you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a case of a car crash lawsuit the proof of negligence and liability is essential to receive compensation for your injuries and losses. The gathering of evidence is one of the first steps in the litigation process, accidents and it involves collecting documents such as photographs, witness testimony as well as official reports, such as police reports.

Photographs of the scene of the accident might assist your attorney in determining what actually transpired in 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 details of any witnesses who saw the incident. Having witnesses testify that corroborate your account of events is important especially as it can be common for drivers to have conflicting reports of what happened, which results in insurance companies refusing to accept the claim, or even deny responsibility altogether.

Medical records can also be utilized by your lawyer to demonstrate the extent of your injury. They could include bills, receipts and lab results, diagnose reports, discharge instructions and other documentation. You should obtain these records as soon as you can and send copies to your healthcare providers.

Another type of evidence your attorney may utilize is a deposition, which is out-of-court testimony given under oath and recorded by a court reporter. Your lawyer could utilize this testimony to prove that your injuries were a direct, foreseeable link to the accident. This will help justify seeking compensation. Most of the evidence mentioned above can be obtained at the site of the accident or shortly afterwards however, some might not be available until later in the legal process. This is why it's vital to consult a highly-credentialed car accident lawyer as soon as possible, so that they can begin the investigation while vital evidence is still in its purest form.

2. Making a complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal advice from an expert. A lawyer for car accidents can provide the necessary expertise to help you get the most compensation for your claim.

The first step is to file a complaint in court, which details the specific claims that you have filed and how much money you're seeking in damages. The document is usually written by your attorney, and then filed with the court and served to the defendant.

The discovery phase begins by allowing both parties to share information about their defenses and claims. The process can take a long time and requires both teams to examine a variety of documents, including police reports witnesses' statements, police reports medical records, invoices and more. Each side can request interrogatories, which are a series of questions that each party must answer under oath within a set date.

In this stage, 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 lawyer will determine your total damages. This includes future and past medical expenses including lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. This is more likely to happen following discovery, but before trial. If the insurance company refuses to negotiate a fair settlement or if you've incurred significant damages that are not covered by the insurance policy, the case may move forward to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident where your lawyer and the insurance company of the negligent driver company exchange information that could aid or hinder your claim. Your attorney will request copies of the documents to prove your case. This includes police reports medical bills, as well as 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 to interview witnesses and other parties that are not in the case.

The written discovery tools are circulated back and forth between the attorneys on both sides. They give the opposing party the chance to respond to questions in writing, which must be sworn to under oath, and to provide copies of certain documents or other data that could be useful to your case.

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

The goal of these pre-trial investigation procedures is to assist your lawyer to present a strong and compelling case to the responsible party and their insurer in order that you can secure an adequate and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case, but the majority of them do so during or after the investigation process, which is typically completed before the trial.

4. Trial

The majority of car accidents settle through negotiations outside of court If you and the insurance company aren't in agreement on the cause or the amount of compensation you should receive for your injuries, your case could be heard in a trial. A trial is a formal process where both parties are required to present arguments and evidence before a factfinder who makes a decision to resolve the dispute. In personal injury cases the factfinder usually a jury.

During the trial the lawyer will give your account of the events in your opening statements to the jury, along with any supporting evidence that you have, like images or videos of the accident scene, witness testimony from bystanders and medical professionals, and documents such as police reports and medical bills. You can also offer testimony regarding your memory of the incident and how it has impacted your life. Expert witnesses can also provide evidence to back up your claims. The defendant's attorney can interrogate witnesses and contest the admissibility of specific evidence.

The jury will decide in the trial whether the plaintiff's injuries was caused by the defendant's negligent conduct. They will be looking at the proximate causes, which is a complicated legal concept that law students have to spend hours studying. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. It's also a complex issue due to the severity of your injuries and the degree to which you've suffered. Your attorney will provide evidence that includes expert testimony about the severity of injuries, lost income and future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Every state has a deadline that you must meet to settle your claim or bring a lawsuit. This is known as the statute of limitations. If your lawyer can't come to a deal with the insurer, you could be required to bring a lawsuit to court. It can be lengthy and expensive, yet it is usually necessary to pursue compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where each side exchanges information with each other). Your lawyer will also file legal documents referred to as motions that ask the court for certain things, such as not allowing certain types of evidence during trial. Settlement negotiations can be ongoing during this process. Many car accident civil disputes are resolved prior to a trial.

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

It is important to be aware of your injuries prior to committing to a settlement. You should also have completed all medical treatment. If you settle before your doctor determines that you have reached the maximum medical improvement (MMI), you could not be eligible for additional compensation. Don't sign the release until you've had a conversation with your lawyer and had an understanding of all losses. Your lawyer will make sure that you don't be denied compensation that is valuable. They will review your medical records and other documents to ensure that you receive all the compensation you're entitled to.