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The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount of money you need to cover your injuries, our hard-working attorneys will prepare a formal demand letter. The letter will outline all of your economic losses such as medical costs and lost wages, as also non-economic damages like pain and discomfort.

A jury or judge will then take a call. If they decide in your favor, you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving a car accident Law Firm, proving negligence and liability is essential to receive compensation for your injuries and losses. Collecting evidence is one the initial steps in the litigation process, and it involves gathering documents, photographs, witness testimony as well as official reports, such as police reports.

Photographs of the scene of the accident may aid your lawyer in determining what happened during the collision, including the positions of both cars following the impact, skid marks, road debris and other physical evidence. Also, note the names and contact details of any witnesses who witnessed what happened. It is important to have witnesses to verify the events that took place, as it can often be the case that drivers offer contradictory stories that lead to insurance companies denying or refusing the liability.

Medical records can also be utilized by your lawyer to prove the severity of your injuries. These documents could include bills, receipts laboratory results, diagnosis reports, discharge guidelines and other documents. You should obtain these documents as soon as is possible and send copies to your healthcare providers.

Another type of evidence that your attorney might use is a deposition, which is out-of-court testimony given under oath that is then transcribing by a court reporter. Your lawyer can use this testimony to establish your injuries have an obvious, predicable connection to the accident. This helps to justify seeking compensation. While the majority of these types of evidence are collected at the scene of the accident or shortly afterward however, some evidence may not be accessible until later in the litigation process. This is why it's vital to consult a highly-credentialed lawyer in the event of a car accident as soon as you can so that they can begin investigating while the crucial evidence is in its purest form.

2. Filing a Complaint

Once the dust has sunk and you've treated your injuries, it's time to seek expert legal advice. A car accident attorney will provide the knowledge and expertise to help you get the most compensation for your claim.

The first step is filing an application with the court. The complaint will detail your specific claims and the amount you wish to recover in damages. This type of document is typically drafted by an attorney, and filed in court. It is also delivered to the defendant.

The discovery phase begins, allowing both parties to exchange information regarding their claims and defenses. The process can take a long time and both teams may require a thorough review of documents including police reports and witness statements. They might also need to review medical records and bills as well as other documents. Each side can require interrogatories. These are a series of questions that the other party must answer under oath within a set time frame.

During this stage, you lawyer will also collaborate with your doctor to get the full picture of your injuries and the impact that they've affected your life. Your lawyer will calculate your total damages. This will include past and upcoming medical expenses as well as lost wages, suffering and pain and suffering, and more.

Sometimes, your lawyer may be able to negotiate an agreement with the at-fault driver's insurance company. This will most likely occur following the conclusion of discovery and before trial. If the insurance company is unwilling to offer a fair settlement or if your losses are substantial and not covered by insurance, then you may need to go to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is an important phase in any car accident case. It is the point at which your attorney and negligent insurance company of the driver exchange information that can support or hurt your claim. Your attorney will ask for copies of the documents supporting your case, including police reports, medical bills and work loss records (e.g. an email from your employer indicating how long you missed work due to the accident), photographs of your vehicle, any injuries or damages, and other relevant financial information. Your attorney will also use written discovery tools like interrogatories request for production, interrogatories and request for admissions to question witnesses and other parties who aren't present in the case.

These written discovery tools are exchanged between attorneys from both sides. They give the opposing party an opportunity to reply to questions in writing, which have to be sworn to under oath, and to supply copies of certain documents or other data that could be helpful to your case.

Your Long Island car accident lawyer will also depose witnesses to the collision, as well as anyone who has information about your injuries or damages that could be pertinent to your case. In a deposition, the lawyer representing the party at fault will ask you questions and your answers are recorded on video by an official court reporter or recorded.

The goal of these pre-trial investigation procedures is to allow your lawyer to construct an argument that is convincing and persuasive to the responsible party and their insurance company so that you can receive a fair and complete settlement for your injuries, losses and expenses. There is no assurance of a settlement in each case however the majority of them will settle during or following the investigation process, which is usually completed before the trial.

4. Trial

The majority of car accidents are settled through informal negotiations If you and the insurance company disagree about fault or how much compensation you should receive for your injuries, your case may be heard in a trial. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder, who renders a verdict which settles the dispute. In personal injury cases, the factfinder is typically a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any evidence supporting it, such as photos or videos of the scene, testimony from witnesses and medical professionals, documents like police reports and bills. You can also testify about your memory of the incident and how it impacted your life. Expert witnesses can also testify to back your claims. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

In a trial, the jury will decide if the plaintiff's injuries were the result of the negligence of the defendant. They will consider the proximate causality, a nebulous legal concept that law students spend hours studying. Proximate cause examines the degree of connection between a 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 complicated issue due to how severe your injuries are and the extent of your losses. Your attorney will provide evidence including expert testimony regarding the severity of injuries, lost income and future earning potential, as well 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 successful in negotiating a reasonable settlement with the insurance company, then you might be required to file a vehicle accident lawsuit in the court. It can be time-consuming and costly, however it is usually necessary to pursue compensation.

During this procedure during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and be present at hearings. Your lawyer will also file legal documents known as motions to ask the court for things like not allowing certain types of evidence during trial. Settlement negotiations can continue throughout this process. A majority of car accident civil disputes are resolved before a trial is needed.

If they feel that your injury claim is legitimate and you are willing to go to trial insurance companies will make a fair settlement offer. Additionally the settlement process is quicker and less risky for them than a trial.

Before agreeing to a settlement, it is important that you fully understand the extent of your injuries and have completed all medical treatment. You could lose out on additional compensation if you sign an offer of settlement until your doctor has determined that you have reached the level of medical improvement that is the highest. Additionally, you should not sign a release until you have met with your lawyer and had full understanding of your losses. Your attorney will ensure that you don't lose out on the valuable compensation. They will carefully examine your medical records as well as other documents to ensure that you receive the entire amount of damages for which you are entitled.