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The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount of money you need to cover your injuries, our hard-working lawyers will draft a formal demand letter. It will detail all your financial losses, such as medical bills and lost wages, as well as non-economic damages, such as pain and suffering.

Then a jury or judge will make a decision. If they decide in your favor, you will be awarded damages, and the defendant will be required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident the proof of negligence and liability is the most important aspect to obtain compensation for your injuries and losses. Collecting evidence is one the first steps in the process of litigation, and it involves collecting documents such as photographs, witness testimony, and official reports like police reports.

Your lawyer might be able to determine what happened during the accident law firms - Highly recommended Resource site - by taking photos of the scene, including skid marks and road debris as well as other physical evidence. Also, note the names and contact information of any witnesses who witnessed what occurred. Having witnesses testify that corroborate your account of what transpired is vital especially as it can be common for drivers to have conflicting stories of what happened. This leads to insurance companies refusing to accept the claim or deny responsibility completely.

Medical records can also be utilized by your lawyer to prove the severity of your injury. These documents could include receipts, bills as well as lab results, diagnosis reports, discharge instructions and other records. It is essential to get these records as soon as you can and send copies to your healthcare providers.

Another type of evidence your attorney may use is a deposition, which is out-of-court testimony given under oath, and then transcribed by a court reporter. Your lawyer may use the testimony to prove that your injuries have had a direct and foreseeable connection to the crash, which helps justify requesting compensation for your losses. Most of the evidence mentioned above is available at the site of the accident or shortly afterwards, but some may not be available until later in the legal process. This is why it's vital to consult a highly-credentialed car accident attorneys lawyer as soon as you can, so they can begin investigating while vital evidence is still in its purest form.

2. Making a complaint

After the dust has settled and you have tended to your injuries, it's time to seek expert legal advice. A lawyer for car accidents can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with court, which details the specific claims that you have filed and the amount you're seeking in damages. This document is typically drafted by your attorney, and then filed with the court and served to the defendant.

The discovery phase begins with both parties able to share information about their defenses and claims. The process can take a considerable time and both teams will be required to examine a large number of documents like police reports and witness statements. They might also need to look at medical documents or bills, as well as other documents. Both sides can request interrogatories. These are a set of questions which the other side has to answer under oath in an agreed upon timeframe.

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

Sometimes, your lawyer could be able to reach a settlement with the at-fault driver's insurance company. It is likely to take place after the completion of discovery, but before trial. If the insurance company is unwilling to offer an equitable settlement, or if your damages are important and not covered by insurance, then you could need to go to trial. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit where your lawyer and the insurance company of the negligent driver company exchange information that could aid or hinder your claim. Your attorney will seek copies of all documents to support your claim. These documents include police reports medical bills, as well as work loss documents from your employer (showing the amount of time you were absent due to the accident) photographs of your vehicle, any injuries or damages and other financial details. Your attorney may also employ written discovery tools like interrogatories request for production, interrogatories and requests for admissions to interview witnesses and other parties who are not in the case.

These written discovery tools are exchanged between attorneys on both sides. They give the opposing side a chance to respond to questions in writing, that must be answered under oath and to provide copies of specific documents or other information that could be useful to your case.

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

The purpose of these pretrial investigation processes is to allow your lawyer to present an argument that is persuasive and strong to the responsible party and their insurer so that you can receive a fair and complete settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case but most do so after or during the investigation process, which is often completed prior to the trial.

4. Trial

Trials are possible where you and the insurance company do not agree on the source of your fault or the amount you should receive for your injuries. A trial is a formal proceeding where both parties argue and present evidence to the factfinder, who makes a decision to resolve the dispute. In personal injury cases, the factfinder is typically a jury.

During the trial the lawyer will explain your story in opening statements to the jury as well as any other evidence you have, such as photos or video of the accident scene, witness testimony from witnesses and medical professionals, and documents like medical bills and police reports. You can also provide testimony regarding your memory of the incident and how it has affected your life. Expert witnesses will also provide evidence to back up your claims. The attorney representing the defendant may interrogate witnesses and contest the admissibility of specific evidence.

The jury will decide at trial whether the plaintiff's injuries was caused by the defendant's negligence. They will consider the proximate causes, which is a complicated legal concept that law school students spend hours studying. Proximate cause examines the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury must also determine how much damages you should receive. This is a more complicated matter, as it depends on the severity of your injuries and the severity of your losses. Your lawyer will present evidence that includes expert witness testimony about the severity of your injuries, your lost income, and future earnings potential, as well as your pain and suffering disfigurement, impairment, and.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations, where you have to settle your claim or file a lawsuit. If your lawyer cannot come to a deal with the insurance company, you may be required to start a lawsuit in the courtroom. It can be expensive and time-consuming, but it is usually required to obtain compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a process formal where each side exchanges information with the other). Your lawyer will also file legal documents referred to as motions to request the court to consider the exclusion of certain types of evidence during trial. Settlement negotiations can continue throughout this process, and most civil disputes in car accidents settle before a trial is required to be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is solid and that you'll be willing to take the case to trial. The settlement process is also more efficient and less risky than a court trial.

Before settling the settlement, it's important to understand the extent of your injuries and completed all medical treatments. If you accept a settlement before your doctor has determined that you have reached maximum medical improvement (MMI) and you are not able to not be eligible for additional compensation. Don't sign a release until you have spoken to your lawyer about the damages. 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 documentation to ensure that you receive all damages you are entitled to.