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The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official demand letter if an insurance company refuses to provide you with the amount you need to cover your injuries. It will detail all your financial damages including medical expenses and lost wages, as well as non-economic damages, like pain and suffering.

Then, a judge or jury will make a decision. If they make a decision to your advantage, you will be awarded damages. In addition, the defendant is required to pay them.

1. Gathering Evidence

In a car accident lawsuit the proof of negligence and liability is essential to receive compensation for your injuries and losses. Collecting evidence is one the first steps in the litigation process. it involves gathering documents including photographs, witness statements and official reports, such as police reports.

Photographs of the scene of the accident could aid your lawyer in determining what actually transpired during the accident, including the position of both vehicles after collision, skid marks, road debris and other physical evidence. Note down the names and contact details of any witnesses who witnessed the events. Witnesses who testify that confirm your account of events is important particularly since it can be common for drivers to have conflicting stories of what happened. This causes insurance companies to refuse to accept the claim or deny the responsibility completely.

Other evidence that your lawyer could use include medical records, which can include bills, receipts, diagnosis reports, lab results, discharge guidelines, and other documentation that demonstrate the extent of your injuries. It is essential to get these records as quickly as you can, and also provide copies to your healthcare providers.

A deposition is a different type of evidence that your attorney might utilize. This is an out-of the court testimony that is under oath and later recorded by a Court Reporter. Your lawyer may use the testimony to establish that your injuries have had a direct and foreseeable connection to the accident and can be used to justify compensation for your losses. While the majority of the above types of evidence can be gathered at the accident scene or within a short time after 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 soon as possible, so that they can begin the investigation when the evidence is in its purest form.

2. How to file a complaint

When the dust has cleared and you've taken care of your injuries, it's time to seek expert legal advice. A car accident attorney can provide the expertise needed to ensure that you receive maximum compensation for your claim.

The first step is to file an application with the court. This will outline your specific claims as well as the amount of money you'd like to recover in damages. The complaint is typically written by your lawyer and filed with the court and then served on the defendant.

This also initiates the discovery phase which allows both parties to exchange information and evidence that is related to their defenses and claims. 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 might also need to look at medical records or 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 specific time frame.

Throughout this process, your lawyer will also collaborate with doctors to ensure they have a complete picture of the extent of your injuries and the impact they have had on your daily life. Your attorney will calculate your total damages including past and future medical expenses loss of earnings, suffering and pain, and more.

Sometimes, your lawyer might be able to negotiate an agreement with the responsible driver's insurance company. This is likely to be the case following the completion of the discovery process and prior to trial. If the insurance company doesn't agree to an acceptable settlement, or if your damages are important and not covered by insurance, then you might be required to appear in court. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial stage in any car accident lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that may help or hurt your claim. Your attorney will ask for copies of the documents supporting your case, such as police reports, medical bills or work-related loss records (e.g., from your employer which reveals how long you missed work due to the accident) photos of your vehicle and any injuries or damage, and other relevant financial information. Your lawyer will also make use of written discovery tools like interrogatories request for production, interrogatories and requests for admissions in order to question witnesses and parties who are not in the case.

These tools for discovery are exchanged between attorneys on both sides. Written discovery tools allow the opposing side a chance to answer questions in writing which must be answered under oath and to provide copies of other information that might be helpful to you.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the accident, as well as anyone who has information about your injuries or damages that could be important to your case. During a deposition at-fault party's lawyer will ask you various questions, and your answers will be recorded on video, or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to assist your lawyer to present an argument that is persuasive and strong to the party at fault and their insurer in order that you can secure a fair and complete settlement for your injuries, losses 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 is usually completed prior to the trial.

4. Trial

While the vast majority of car accident cases are settled through informal negotiations If you and the insurance company are not in agreement about who is to blame or the amount of compensation you should receive for your injuries, the case may go to trial. A trial is an official proceeding in which both parties argue and present evidence to a factfinder who will make a decision to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial the lawyer will present your version of events in opening statements to the jury as well as any other evidence you may have, such as images or videos of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents like police reports and medical bills. You may also testify about your personal memories of the incident, and how it affected your life. Expert witnesses can also testify to back your claims. The lawyer for the defendant can interrogate witnesses and object to admissibility of some evidence.

In a trial, jurors must decide if the plaintiff's injuries were the result of the negligence of the defendant. They will examine proximate cause which is a complex legal concept that lawyers have to spend many hours studying during law school. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also decide how much compensation you will be awarded. It's also a complicated issue because it depends on the severity of your injuries and the extent to which you have suffered. Your lawyer will present evidence which includes expert testimony about the severity of your injuries, lost income and future earning potential, as well as your suffering and impairment.

5. Settlement

Each state sets a legal deadline, commonly 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, you might be required to file a vehicle accident (read the full info here) lawsuit in the court. This could be a lengthy process and expensive, but it is often required to seek compensation.

During this process the Long Island personal injury lawyer will participate in discovery (a formal process where each party exchanges information with the other side) and be present at hearings. Your lawyer will also file legal documents called motions asking the court for things like not allowing certain types of evidence during trial. Settlement negotiations can go on throughout this process, and a lot of car accident civil disputes end before a trial can be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is legitimate and that you'll be willing to take the case to trial. Settlement is more efficient and less risky than an in-court trial.

It is crucial to fully understand the extent of your injuries prior to agreeing to a settlement. You must have completed all medical treatments. You may not receive additional compensation if settling an offer of settlement until your doctor has determined that you have attained the point of maximum improvement. Additionally, you should not sign an agreement until you have spoken with your lawyer and had a complete understanding of your damages. Your lawyer will ensure that you don't miss out on valuable compensation. They will carefully examine your medical records and other evidence to ensure that you receive the full amount of damages to which you are entitled.