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The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft an official letter of demand if the insurance company is unable to pay the amount you're entitled to for your injuries. The letter will outline all of your economic losses such as medical expenses and lost wages as well as non-economic damages such as pain and discomfort.

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

1. Gathering Evidence

In a lawsuit that involves an automobile accident it is essential to prove negligence to receive compensation for your injuries. The gathering of evidence is one of the first steps of the litigation process. it requires gathering documents, photographs, witness testimony, and official reports, such as police reports.

Your lawyer might be able to establish what transpired in the accident lawsuits by taking photographs of the scene, including skid marks road debris, skid marks and other physical evidence. Also, keep track of the names and contact numbers of any eyewitnesses who witnessed what happened. It is crucial that witnesses to verify the events that took place, since it can often happen that drivers give contradictory stories that lead to insurance companies denying or refusing responsibility.

Medical records can also be used by your lawyer to establish the extent of your injury. These documents could include receipts, bills as well as lab results, diagnosis reports, discharge guidelines and other documents. You should get these records as quickly as you can, and also provide copies to your healthcare professionals.

Another type of evidence your attorney could employ is a deposition which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. Your lawyer may use the testimony to prove that your injuries had an immediate and clear connection to the crash which can help justify compensation for your damages. 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. It's important to contact an attorney in the case of a car crash with the right credentials immediately so that they can begin an investigation while the evidence is in its purest form.

2. The process of filing a complaint

When the dust has cleared and you have tended to your injuries, it's time to seek professional legal advice. A car accident attorney will provide the knowledge and expertise to ensure that you receive maximum compensation for your claim.

The first step is filing an application with the court. This document 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 the court. It is also given to the defendant.

This also triggers the discovery phase that allows both sides to exchange information and documents related to their defenses and claims. The process can take a long time and requires both parties to go through a myriad of documents including police reports witnesses' statements, police reports medical records, bills and much more. Each side may request interrogatories. These are a series questions which the other side must answer under oath within the specified timeframe.

In this stage, your lawyer will also work with doctors to ensure they have a complete picture of the seriousness of your injuries and the impact they've affected your daily routine. Your lawyer will calculate your total damages. This will include past and upcoming medical expenses and lost wages, as well as suffering and pain, and much more.

Sometimes, your lawyer may be able to reach a settlement with the at-fault driver's insurance company. This is most likely to take place after the completion of discovery and before trial. If the insurance company does not agree to an acceptable settlement, or if your damages are significant and not covered by insurance, you may be required to go to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial stage in any car accident law firm lawsuit in which your attorney and the insurance company of the negligent driver company exchange information that may support or damage your claim. Your attorney will ask for copies of the documents supporting your case, such as police reports, medical bills and work loss records (e.g. an email from your employer which reveals how long you missed work due to the accident), photographs of your vehicle and any damage or injuries, and other relevant financial information. Your attorney may also employ written discovery tools such as interrogatories and requests for production to inquire into witnesses and other parties who are not present.

These written discovery tools are circulated back and forth between attorneys for both sides. The tools for writing discovery give the opposing side an opportunity to answer questions in writing, which must be answered under oath and to provide copies of other information that may be helpful to you.

Your Long Island car accident attorney will also question witnesses and anyone who has information regarding the damages or injuries you sustained that could be crucial to your case. During a deposition, the lawyer representing the party at fault will ask you various questions, and your responses will be recorded on video or transcribed by a court reporter.

The goal of these pretrial investigation processes is to help your lawyer to construct an argument that is persuasive and strong to the party at fault and their insurer so that you can secure a fair and complete settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case, but the majority of them will settle during or following the investigation process, which is often done prior to trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations If you and the insurance company aren't in agreement on the cause or the amount you are entitled to for your injuries, your case could go to trial. A trial is a formal process where both sides present arguments and evidence to a factfinder who issues a decision that resolves the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your account of the events that occurred during the trial. This will include any supporting evidence that may be presented, including photographs or videos of the scene of the accident or testimony from witnesses, medical professionals, as well as documents such police reports and 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 assertions. The attorney representing the defendant may interrogate witnesses and contest the admissibility of certain evidence.

In a trial, the jury must decide whether the plaintiff's injuries were the result of the defendant's negligence. They will look at the proximate causality, a nebulous legal concept that law students will spend hours studying. Proximate causes analyzes 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 should receive. This is a more complicated matter depending on the severity of your injuries and the severity of your losses. Your attorney will present your evidence that includes expert witness testimony regarding the severity of your injuries, your lost income, and future earnings potential and your suffering and pain disfigurement, impairment, and.

5. Settlement

Every state has a deadline to settle your claim or file an action. This is known as the statutes of limitations. If your lawyer is not able to negotiate a settlement with the insurer, you could be required to file a lawsuit in court. This could be a lengthy process and expensive, but it is usually necessary to pursue compensation.

During this procedure during this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure where parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents known as motions that ask the court for things like not allowing certain types of evidence at trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are settled before trial is required.

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

It is crucial to understand your injuries prior to an agreement. You must also have completed all medical treatment. You may not receive additional compensation if settling the settlement before your doctor has determined that you have attained the maximum level of improvement in your medical condition. Don't sign a settlement agreement before you have spoken to your lawyer regarding your damages. Your lawyer will ensure that you don't miss out on a significant amount of compensation. They will look over your medical records as well as other documentation to ensure that you receive all of the damages that you are entitled to.