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The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter if an insurance company refuses to provide you with the amount you need for your injuries. The letter will list all of your financial damages like medical expenses and lost wages as in addition to non-economic damages like pain and discomfort.

A judge or jury will then make a decision. If they make a decision 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 losses and injuries. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports like police reports, and other official reports.

Your lawyer may be able to determine the circumstances of the accident by taking photos of the scene, which include skid marks, road debris and other physical evidence. Also, note the names and contact numbers of any witnesses who were present at what transpired. Witnesses who testify that confirm your account of events is important, especially since it can be common for accident Attorney drivers to give contradicting stories of what happened. This causes insurance companies to refuse to accept the claim or deny responsibility completely.

Other forms of evidence your lawyer could use include medical records. These could include receipts, bills, diagnosis reports, lab results, discharge guidelines, accident attorney and other documentation that demonstrate the severity of your injuries. You should get these records as quickly as you can and send copies to your healthcare providers.

A deposition is yet another type of evidence your lawyer can use. It is a non-in court statement made under oath. It is then transcribed by a Court Reporter. Your lawyer could make use of the testimony to prove that your injuries have had an immediate and obvious connection to the accident and can be used to justify the compensation you deserve for your damages. While most of the above-mentioned types of evidence are collected at the scene of the accident or soon afterward but some of the evidence might not be accessible until later in the litigation process. This is the reason it's essential to consult a highly-credentialed car accident lawyer as quickly as you can so that they can begin an investigation when the evidence is in its purest form.

2. The process of filing a complaint

After the dust has settled and you've taken care of your injuries, you should seek legal advice from a professional. A lawyer who has handled car accidents can give you the experience to maximize your compensation.

The first step is filing an application with the court. The complaint will detail your specific claims and the amount you'd like to claim in damages. This document is typically drafted by your lawyer and filed with the court and served to the defendant.

This also initiates the discovery phase, which allows both sides to exchange information and documents related to their claims and defenses. The process can take a long duration and both teams will need to review a lot of documents like police reports and witness statements. They might also have to review medical records and bills as well as other documents. Both sides can request interrogatories. These are a series of questions that the other side has to answer under oath within an agreed upon 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 you have suffered that include future and past medical expenses as well as lost earnings, pain and suffering, and more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver who is at fault. This is more likely to happen after discovery and prior to trial. If the insurance company is unwilling to offer an acceptable settlement, or if your damages are important and not covered by insurance, then you may need to go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit where your lawyer and the insurance company exchange information that may support or damage your claim. Your attorney will request copies of the documents to support your case. This includes police reports medical bills, work loss documents from your employer (showing how much time you were absent due to the accident law firm) photos of your vehicle damaged or injured and other financial details. Your attorney may also employ written discovery tools such as interrogatories and requests for production to ask questions of parties and witnesses who are not present.

These documents are shared between attorneys on both sides. They give the opposing party an opportunity to reply to questions in writing, which must be answered under oath and to supply copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident attorney will also question witnesses and any other person with information about your injuries or damages which could be essential to your case. During a deposition, the lawyer representing the party at fault will ask you several questions, and your answers will be recorded on video or transcribed by a court reporter.

The goal of these pretrial investigation processes is to enable your lawyer to create a strong and compelling case to the party at fault and their insurer so that you can get a fair and complete settlement for your losses, injuries and expenses. There is no guarantee of a settlement in every case but the majority of cases occur during or after the investigation process, which is typically concluded prior to the trial.

4. Trial

The majority of car accident cases are resolved through informal negotiations however, if you and your insurance company do not agree on who is at fault or the amount of compensation you should receive for your injuries, the case may go to trial. A trial is an official process in which both sides argue and present evidence to a factfinder who will make a decision to resolve the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene of the accident witness testimony, statements from witnesses and medical professionals, or documents like police reports and bills. You can also give your testimony regarding your recollection of the incident and how it had an impact on your life. Expert witnesses can also testify to back your assertions. The attorney for the defendant can interrogate witnesses and contest the admissibility of specific evidence.

The jury will determine at trial whether the plaintiff's injury was the result of the defendant's negligent conduct. They will consider proximate cause which is a tangled legal concept that lawyers spend many hours studying in law school. Proximate cause examines the degree of connection between the actions of the defendant and the plaintiff's injuries.

A jury is also required to decide how much compensation you're entitled to. This is another complicated issue, as it depends on how severe your injuries are and the severity of your losses. Your attorney will present evidence, including expert testimony, regarding the severity of injuries, lost income and future earning potential, as well as your pain and suffering and impairment.

5. Settlement

Each state establishes a legal deadline, known as the statute of limitations, by which you must settle your claim or file a lawsuit. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you may be required to file a vehicle accident lawsuit in the court. It's costly and time-consuming, but this is often required to seek compensation.

During the discovery process, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal procedure where each side exchanges information with each other). Your lawyer will also file legal documents, referred to as motions to ask the court for things like not allowing certain types of evidence in trial. Settlement negotiations can continue throughout the entire process, and many car accident civil disputes end before a trial can be held.

Insurance companies are more likely to offer fair settlement offers if they believe your injury claim is strong and that you'll be willing to take the case to trial. In addition the settlement process is more efficient and less risky than a trial.

Before settling on a settlement, it is important to understand the severity of your injuries and that you have completed all medical treatments. If you agree to a settlement before your doctor determines that you have reached your maximum medical improvement (MMI) then you could not be eligible for additional compensation. You should also not sign a release until you have spoken with your lawyer about your injuries. Your lawyer will make sure that you don't miss out on valuable compensation. They will review your medical records, as well as other documents, to ensure that you receive all of the damages you are entitled to.