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The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare an official 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 losses such as medical bills and lost wages, and non-economic damages, like pain and suffering.

Then the judge or jury will decide. If they decide in your favor, they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

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

Your lawyer may be able to determine what happened in the incident by taking photographs of the scene, including skid marks road debris, skid marks and other physical evidence. Note down the names and contact numbers of any eyewitnesses that witnessed what happened. It is important to have witnesses confirm the events took place, as it can often happen that drivers will give contradictory statements that result in insurance companies denying or refusing the liability.

Medical records can also be utilized by your lawyer in order to prove the extent of your injury. These documents could include receipts, bills as well as lab results, diagnosis reports, discharge guidelines and other documents. You should get these records as quickly as you can and give copies to your healthcare professionals.

Another form of evidence that your attorney could utilize is a deposition, which is an out-of court testimony delivered under oath and recorded by a court reporter. Your lawyer may use the testimony to establish that your injuries have had an immediate and accident lawyer clear connection to the crash which can help justify compensation for your losses. While the majority of the above types of evidence can be collected at the scene of the accident or within a short time after however, some evidence may not be available until later in the litigation process. This is the reason it's essential to consult a highly-credentialed car accident lawyer as soon as possible, so that they can begin the investigation as evidence is in its purest form.

2. Filing a Complaint

After the dust has settled and you've treated your injuries, it's the time to seek legal advice from a professional. A car accident lawyer can offer you the knowledge to maximize your compensation.

The first step is filing a complaint with the court. This will outline your specific claims and the amount you want to recover in damages. The document is usually written by an attorney and filed in court. It will also be given to the defendant.

The discovery phase begins with both parties able to share information about their claims and defenses. The process can take a long time, and both teams will need to review a lot of documents, including police records and witness statements. They may also have to review medical documents as well as bills and other documents. Both sides can request interrogatories. They are a set of questions that the other side must answer under oath in the timeframe specified.

In this phase, your lawyer will also work closely with doctors to gather the full picture of your injuries and the impact that they've had on your life. Your attorney will calculate the total damages you have suffered, which will include the past and future medical costs as well as lost earnings, suffering and pain and much more.

Your lawyer could be able to come to a settlement agreement with the insurance company of the driver who is at fault. This is more likely following discovery and prior to trial. If the insurance company refuses an equitable settlement, or if your losses are important and not covered by insurance, then you could have 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 case. It is the point at which your attorney and negligent insurer of the driver exchange information that could support or damage your claim. Your attorney will request copies of the documents that support your case, such as police reports, medical bills, work loss records (e.g. the records from your employer that outlines how long you missed work due to the accident) photos of your vehicle as well as any damages or injuries or other pertinent financial information. Your lawyer will also make use of documents for discovery in writing, such as interrogatories, requests for production and requests for admissions to interview witnesses and parties who aren't present in the case.

These written discovery tools are shared between attorneys on both sides. They provide the opposing party a chance to respond to questions in writing, which have to be answered under oath, and to supply copies of certain documents and other information that could be useful to your case.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the collision and anyone with information on your injuries or damages that could be pertinent to your case. During a deposition, the lawyer for the person who is at fault will ask you a series of questions, and your responses will be recorded on video or translated by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to build an argument that is persuasive and strong to the at-fault party and their insurer, so that you can secure a full and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case but the majority of cases do so after or during the investigation process, which usually completed prior to the trial.

4. Trial

Trials are possible in cases where you and the insurance company disagree about who is at fault or the amount you should be awarded for your injuries. A trial is a formal proceeding in which both sides present arguments and evidence before a factfinder who will make a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of the events during the trial. This will include any supporting evidence, such as photos or videos of the scene of the accident as well as testimony from witnesses and medical professionals, or documents like police reports and bills. You can also offer testimony about your memories of the incident and how it had an impact on your life. Expert witnesses can also testify to support your claims. The defendant's attorney can cross-examine witnesses and challenge the admissibility of specific evidence.

At trial, the jury must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will consider proximate causes, a complex legal concept that law students spend hours studying. Proximate cause considers how close the connection is between the actions of the defendant and the plaintiff's injuries.

A jury must also determine how much damages you're entitled to. This is another complicated issue due to how severe your injuries are and the severity of your losses. Your lawyer will present evidence including expert witness testimony regarding the severity of your injuries, your loss of income and future earnings potential, as well as your pain and accident lawyer suffering, disfigurement, and impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations that you must meet to settle your claim or bring a lawsuit. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, then you might be required to file a vehicle accident lawsuit in court. It can be expensive and time-consuming, however it is often necessary to get compensation.

During this process you and your Long Island personal injury lawyer will be involved in discovery (a formal procedure where parties exchange information with the other side) and also attend hearings. Your attorney will also file legal documents, known as motions, requesting the court to take actions like excluding certain types of evidence from trial. Settlement negotiations may continue throughout the process, and a lot of civil disputes arising from car accidents end before a trial can be held.

If they feel that your injury claim is valid and you are willing to go to trial Insurance companies will offer a fair settlement offer. Additionally, the settlement process is more efficient and less risky for them than a trial.

Before you agree to an agreement, it's essential to be aware of the extent of your injuries and completed all medical treatment. It is possible to lose additional compensation if you accept an offer of settlement until your doctor has determined that you have reached the maximum level of improvement in your medical condition. You should also not sign a release until you have spoken with your lawyer and received a complete understanding of your losses. Your lawyer will ensure that you don't lose out on a significant amount of compensation. They will carefully review your medical records and other evidence to ensure that you get the full amount of damages for which you are eligible.