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The First Steps in Car Accident Litigation

Our determined lawyers will draft a formal demand letter in the event that the insurance company refuses to pay the amount you're entitled to for your injuries. This will list all your economic damages like medical bills and lost wages, as well as other damages that are not economic, like pain and suffering.

Then the judge or jury will make a decision. If they rule to your advantage you will be awarded damages and the defendant must pay them.

1. Gathering Evidence

In a car accident lawsuit, proving the negligence and liability is essential to receive compensation for your injuries and losses. 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.

Your lawyer might be able to determine the circumstances of the accident lawsuits by taking photographs of the scene, including skid marks, road debris and other physical evidence. Note down the names and contact details of any witnesses who saw the events. Witnesses who testify to corroborate your account of what happened is crucial, especially since it can be common for drivers to give contradicting versions of what transpired, which results in insurance companies refusing to accept the claim, or even deny any responsibility at all.

Other evidence forms your lawyer might use include medical records, which could include bills, receipts and diagnosis reports, laboratory results, discharge guidelines, and other evidence that proves the severity of your injuries. You should seek these documents as soon as you can and ensure that you give copies to your medical professionals.

Another form of evidence that your attorney could use is a deposition, which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer may use this evidence to prove your injuries had a clear, identifiable connection to the accident. This helps to justify requesting compensation. Most of the evidence discussed above can be obtained at the scene of the accident lawyer or within a short time however, some might not be available until much later in the legal process. This is the reason it's essential to speak with a well-credentialed lawyer for car accidents as soon as possible so that they can begin the investigation while the crucial evidence is in its most pure form.

2. How to file a complaint

Once the dust has settled and you have tended to your injuries, it's the time to seek out legal counsel from an expert. A lawyer who has handled car accidents can provide you with the knowledge to maximize your compensation.

The first step is filing an application with the court. This document will outline your specific claims and the amount you'd like to recover in damages. The complaint is typically written by your attorney, and then filed with the court and served to the defendant.

This also initiates the discovery phase which allows both parties to exchange information and documents related to their defenses and claims. The process can be lengthy and requires both teams to examine a variety of documents, including police reports witnesses' statements, police reports medical records, bills and more. Each side can demand interrogatories. They are a set of questions that each party must answer under oath by a predetermined timeframe.

Throughout this process, your lawyer will also collaborate with doctors to ensure they have a complete understanding of the severity of your injuries as well as the impact they've had on your daily life. Your attorney will then calculate the total damages you have suffered, which will include the past and future medical costs and lost earnings, as well as suffering and pain and much more.

Your lawyer might be able to reach a settlement deal with the insurance company of the driver at the fault. This is likely to occur after the completion of discovery and prior to trial. However, if the insurance company refuses to offer a fair settlement or if you've suffered significant damages that are not covered by the insurance policy, the case may move forward to trial. A jury or judge will make a decision on the case based on the evidence presented.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident the attorney representing you and the insurance company exchange information that may support or damage your claim. Your attorney will ask for copies of the documents that support your case, such as medical bills, police reports as well as work loss records (e.g., from your employer indicating how long you missed work because of the accident lawsuit) photographs of your car and any injuries or damage as well as other financial information. Your attorney will also make use of written discovery tools, such as interrogatories and requests for production, as well as request for admissions to question witnesses and other parties who are not part of the case.

These written discovery tools are sent back and forth between attorneys for both sides. Written discovery tools allow the opposing party a chance to respond to questions in writing that need to be sworn to under oath, and to provide copies of other information which could be helpful to you.

Your Long Island car accident compensation claim attorney will also interview witnesses and any other person with information about your injuries or damages which could be important 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 a court reporter or transcribing.

These pre-trial investigation procedures are designed to assist your lawyer construct a compelling case against the at-fault person and their insurer to obtain a fair settlement for all of your injuries and losses, costs and expenses. There is no assurance of a settlement in each case however the majority of them do so after or during the investigation process, which is typically completed prior to the trial.

4. Trial

While the vast majority of car accident compensation claims cases settle through out-of-court 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, your case could 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 usually a jury.

Your lawyer will present to the jury your account of what happened during the trial. This will include any supporting evidence like photos or videos of the accident scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You can also testify regarding your memories of the incident and how it impacted your life. Expert witnesses can also give evidence to support your claims. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of certain evidence.

In a trial, the jury has to decide whether the plaintiff's injuries were caused by the defendant's negligence. They will look at proximate cause an intricate legal concept that lawyers will spend many hours studying in law school. Proximate causes analyzes the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury must also determine how much damages you're entitled to. It's a difficult issue due to the degree of your injuries and the degree to which you've suffered. Your lawyer will present evidence, including expert testimony, regarding the severity of injuries, lost income and future earnings potential, as also the extent of your suffering and accident lawsuit impairment.

5. Settlement

Each state has a specific legal deadline, also known as the statute of limitations that you must meet to settle your claim or make a claim. If your lawyer cannot come to a deal with the insurer, you could be required to bring a lawsuit to court. It can be time-consuming and costly, however it is usually 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 process where each side exchanges information with each other). Your attorney will also make legal filings, also known as motions, requesting the court to do things like exclude certain types of evidence from trial. Settlement negotiations can go on throughout this process, and most civil disputes arising out of car accidents will end before a trial can be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you will be willing to go to trial. Settlement is more efficient and less risky than the court trial.

It is essential to fully understand your injuries prior to committing to the settlement. You must also have completed all medical treatment. You could be denied additional compensation if settling the settlement before your doctor has determined that you have attained the maximum medical improvement. You should also not sign a release until you have spoken with your lawyer and received an accurate understanding of your damages. Your lawyer will make sure that you do not lose out on the valuable compensation. They will carefully examine your medical records and other evidence to make sure that you receive the total amount of damages to which you are eligible.