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The First Steps in Car Accident Litigation

Our determined lawyers will draft an official letter of demand if the insurance company refuses to pay you the amount you need for your injuries. This will outline all your economic damages including medical expenses and lost wages, as well as other damages that are not economic, like suffering and pain.

A jury or judge will then make a ruling. If they rule in your favor they will give you damages and the defendant has to pay them.

1. Gathering Evidence

In a car accident lawsuit, proving negligence and liability is crucial to get compensation for your injuries and losses. Gathering evidence is among the initial steps in the litigation process. it requires gathering documents including photographs, witness statements and official reports, such as police reports.

Photographs of the scene of the accident may aid your lawyer in determining what actually transpired during the accident, including the position of both cars following the collision, skid marks, road debris and other physical evidence. Also, note the names and phone numbers of any witnesses who were present at what occurred. Witnesses who testify to corroborate your account of the events is essential as it could be common for drivers to give contradicting accounts of what happened that results in insurance companies refusing to accept the claim, or even deny any responsibility at all.

Medical records can also be utilized by your lawyer in order to prove the extent of your injury. These records could include bills, receipts laboratory results, diagnosis reports, discharge directions and other forms of documentation. It is important to obtain these records as soon as you can and give copies to your healthcare providers.

Another form of evidence that your lawyer could employ 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 the testimony to establish the fact that your injuries had a direct and foreseeable connection to the accident which can help justify compensation for your injuries. While the majority of the above types of evidence can be gathered at the accident scene or shortly afterward but some of the evidence might not be accessible until later in the litigation process. This is why it's vital to speak with a well-credentialed car accident lawyer as soon as possible so that they can begin the investigation while vital evidence is still in its purest form.

2. Making a Complaint

After the dust has cleared and you've taken care of your injuries, you need to seek legal advice from an expert. A car accident; view gigatree.eu, 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. The complaint will detail your specific claims and the amount of money you want to recover in damages. This document is usually drafted by an attorney and then filed in court. It will also be given to the defendant.

It also kicks off the discovery phase that allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can be lengthy and requires both sides to go through a myriad of documents including police reports and witness statements, medical records, bills and more. Each side can request interrogatories. They are a set of questions which the other side has to answer under oath within the timeframe specified.

In this phase, your lawyer will also work closely with medical professionals to obtain an accurate picture of your injuries as well as the impact that they've had on your life. Your lawyer will determine the total damages. This will include future and past medical expenses, lost wages, the pain and suffering of others, and many more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver who is at fault. This will most likely occur following the conclusion of discovery, but before trial. However, if the insurance company is unable to provide a fair settlement or if you've sustained significant damages that are not covered by the insurance policy, the case could be referred to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit in which your attorney and the insurance company exchange information that could assist or derail your claim. Your attorney will request copies of the documents that support your case, including medical bills, police reports as well as work loss records (e.g. the records from your employer that outlines how much time you missed work due to the accident) photos of your car and any injuries or damage or other pertinent financial information. Your attorney may also employ written discovery tools such as interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

These written discovery tools are exchanged back and forth between the attorneys on both sides. The tools for writing discovery give the opposing party a chance to respond to questions in writing, which must be sworn to under oath, and to provide copies or other information which could be helpful to you.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the accident and anyone who has information about your injuries or damages that could be important to your case. In a deposition, the lawyer representing the party at fault will ask you questions and your responses will be recorded on video by the court reporter or translated.

The purpose of these pretrial investigation processes is to help your lawyer to create an argument that is persuasive and strong to the at-fault party and their insurer so that you can get an equitable and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case however most occur during or after the investigation process, which is usually concluded prior to the trial.

4. Trial

While the vast majority of car accident 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 you are entitled to for your injuries, your case could go to trial. A trial is a formal proceeding in which both parties argue and present evidence to a factfinder who makes an decision on how to resolve the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial your lawyer will give your account of the events in opening statements to the jury, along with any supporting evidence that you have, like pictures or videos of accident scene, witness testimony from people who witnessed the accident and medical professionals, as well as documents like police reports and medical bills. You can also provide testimony about your memories of the incident and how it has impacted your life. Expert witnesses are also able to testify in support of your assertions. The defendant's attorney can cross-examine witnesses and challenge the admissibility of certain evidence.

In a trial, jurors must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will be looking at the proximate causes, which is a complicated legal concept that law school students spend hours studying. Proximate cause considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you're entitled to. This is a more complicated matter due to the severity of your injuries and the extent of your losses. Your lawyer will provide evidence, including expert testimony, regarding the severity of injuries, lost income and future earning potential, in addition to the extent of your suffering and impairment.

5. Settlement

Each state has a deadline to settle your claim, or even file an action. This is referred to as the statute of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you may require filing a car accident lawsuit in the court. This can be time consuming and expensive, but it is usually necessary to pursue compensation.

During this procedure the Long Island personal injury lawyer will be involved in discovery (a formal process in which parties exchange information with the other side) and will attend hearings. Your lawyer will also prepare legal documents, also known as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations may continue throughout the entire process, and many car accident civil disputes end before a trial has to be held.

Insurance companies are more likely to make fair settlement offers if they believe your injury claim is solid and that you'll be willing to go to trial. Additionally, the settlement process is faster and less risky for them than a trial.

Before settling on the settlement, it's essential to be aware of the severity of your injuries and completed all medical treatment. You could be denied additional compensation if you sign a settlement until your doctor has determined that you have reached the maximum medical improvement. Additionally, you should not sign the release until you've met with your lawyer and have an accurate understanding of your losses. Your lawyer will ensure you don't lose out on the valuable compensation. They will look over your medical records and other documents, to ensure that you are entitled to all of the damages that you are entitled to.