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The First Steps in Car Accident Litigation

Our hard-working lawyers will draft a formal demand letter if an insurance company is unable to pay the amount you need for your injuries. The letter will outline all of your financial losses such as medical expenses and lost wages as well as non-economic damages such as 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 must pay them.

1. Gathering Evidence

In a lawsuit that involves an automobile accident lawsuits, proving negligence is crucial to receive compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports like police reports and other official reports.

Photographs of the scene of the accident can assist your attorney in determining what happened during the crash, including the position of both vehicles after impact, skid marks road debris and other physical evidence. Take down the names and contact details of any witnesses who witnessed what happened. Witnesses who testify to corroborate your version of the events is essential as it could be common for drivers to have contradictory reports of what happened, which can lead to insurance companies refusing to accept the claim, or even deny the responsibility completely.

Other forms of evidence your lawyer may use include medical records. These could include bills, receipts diagnostic reports, lab results, discharge instructions and other documentation that demonstrate the severity of your injuries. It is important to obtain these records as soon as possible and provide copies to your medical professionals.

Another form of evidence your attorney might employ is a deposition which is an out-of-court testimonies given under oath that is then transcribing by a court reporter. Your lawyer may make use of this testimony to prove your injuries had an obvious, predicable connection to the accident. This can be used to justify the need for compensation. The majority of the evidence listed above is available at the site of the accident or soon after however, some might not be available until later in the legal process. This is why it's crucial to consult a highly-credentialed lawyer for car accidents as soon as you can, so they can begin investigating when the evidence is in its purest form.

2. How to file a complaint

After the dust has settled, and you've taken care of your injuries, you need to seek legal guidance from an expert. An attorney for car accidents can provide the necessary expertise to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint with the court. This will outline your specific claims as well as the amount you'd like to claim in damages. The document is usually written by an attorney, and filed in court. It will also be served on the defendant.

This also triggers the discovery phase which allows both parties to exchange information and evidence pertaining to their claims and defenses. The process can take a long time, and both teams will need to review a lot of documents including police reports and witness statements. They might also have to look at medical documents, bills, and other documents. Each side can require interrogatories. These are a series of questions the other party must answer under oath by a predetermined time frame.

In this stage your lawyer will collaborate with doctors to ensure they have a complete picture of the extent of your injuries and the impact they've affected your daily routine. Your attorney will then calculate the total damages you have suffered that include future and past medical expenses as well as lost earnings, pain and suffering and much more.

Your lawyer may be able come to a settlement agreement with the insurance company of the driver who is at fault. This is more likely after discovery and before the trial. If the insurance company refuses to settle the claim in a fair manner or if you've suffered substantial damages that aren't covered by the insurance policy, the case may move forward to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is an essential step in any car accident lawsuit the attorney representing you and the negligent driver's insurance company exchange information that could support or damage your claim. Your attorney will ask for copies of documents that support your case, including medical bills, police reports, work loss records (e.g. documents from your employer showing how long you missed work due to the accident) photos of your vehicle, any injuries or damage as well as other financial information. Your attorney will also use written discovery tools, such as interrogatories request for production, interrogatories and request for admissions to question witnesses and parties who aren't present in the case.

These tools for writing discovery are used to exchange information between attorneys on both sides. They give the opposing side the opportunity to answer questions in writing, which must be answered under oath, and to supply copies of certain documents or other data that may be relevant to your case.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the accident and anyone with information regarding your injuries or damages that could be pertinent to your case. During a deposition the lawyer representing the at-fault party will ask you questions and your responses are recorded on video by a court reporter or transcribed.

The purpose of these pre-trial investigation procedures is to help your lawyer to create a strong and compelling case to the party at fault and their insurer in order that you can secure a full and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in every case however, the majority of cases do so after or during the investigation process, which is typically completed before the trial.

4. Trial

While the vast majority of car accidents settle through negotiations outside of court If you and the insurance company do not agree on who is at fault or the amount of 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 makes a decision that settles the issue. In personal injury cases the factfinder usually a jury.

During the trial, your lawyer will present your version of events in opening statements to the jury and any supporting evidence that you have, like pictures or videos of accident scene, testimony from bystanders and medical professionals, as well as documents like police reports and medical bills. You may also offer your testimony regarding your recollection of the incident and how it has had an impact on your life. Expert witnesses can also provide evidence to support your claims. The lawyer for the defendant can interrogate witnesses and object to the admissibility of evidence.

The jury will decide during trial whether the plaintiff's injury was caused by the defendant's negligent conduct. They will look at proximate cause which is a tangled legal concept that lawyers 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 the amount of damages you are entitled to. This is another complicated issue, as it depends on how severe your injuries are and the extent of your losses. Your attorney will provide evidence which includes expert testimony regarding the severity of injuries as well as lost income and future earning potential, in addition to your suffering and impairment.

5. Settlement

Each state has a deadline within which you can settle your claim, or even file a lawsuit. This is known as the statute of limitations. If your lawyer can't negotiate a settlement with your insurance company, you may be required to make a court filing. It's costly and time-consuming, however it is often necessary to get compensation.

During this process 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 called motions asking the court for certain things, such as the exclusion of certain types of evidence in trial. Settlement negotiations can be ongoing throughout the entire process, and most civil disputes arising from car accidents end before a trial needs to be held.

If they feel that your injury claim is legitimate and you are willing to go to trial the insurance company will offer an appropriate settlement offer. Additionally the settlement process is more efficient and less risky for them than a trial.

It is important to fully understand your injuries prior to committing to the settlement. You should also have completed all medical treatments. If you settle before your doctor has determined you have reached maximum medical improvement (MMI), you could miss out on additional compensation. Also, you should not sign an agreement until you have spoken with your lawyer and have a complete understanding of your losses. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will scrutinize your medical records, as well as other documents, to ensure that you receive all of the damages for which you qualify.