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The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you need to cover your injuries, our tenacious attorneys will prepare a formal demand letter. This letter will detail all of your economic losses such as medical costs and lost wages, as also non-economic damages like pain and discomfort.

Then the judge or jury will make a decision. If they decide in your favor they will give you damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence and liability is essential to receive compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes photos, documents, witness testimony, official reports, including police reports and other official reports.

Your lawyer may be able to establish what happened in the accident by taking photos of the scene, Accident law Firms which include skid marks road debris, skid marks and other physical evidence. Also, note the names and contact details of any eyewitnesses who saw what happened. Witnesses who testify to corroborate your version of events is important, especially since it can be common for drivers to have contradictory versions of what transpired, which can lead to insurance companies refusing to accept the claim, or even deny any responsibility at all.

Medical records can also be utilized by your lawyer to prove the extent of your injury. They could include bills, receipts as well as lab results, diagnosis reports, discharge guidelines and other records. You should get these records as quickly as possible and provide copies to your medical professionals.

A deposition is a different type of evidence your lawyer may employ. It is an out-of the court testimony that is under oath, which is then translated by a court reporter. Your lawyer could use this evidence to prove your injuries had an immediate, obvious connection to the accident. This helps to justify seeking compensation. Most of the evidence discussed above is available at the site of the accident Law firms or shortly afterwards but some of it may not be available until much later in the litigation. This is why it's vital to contact a reputable car accident lawyer as quickly as possible, so that they can begin investigating while vital evidence is still in its purest form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, you need to seek legal advice from an expert. A car accident law firms lawyer can offer you the knowledge to maximize your compensation.

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

The discovery phase starts with both parties able to share information regarding their defenses and claims. The process can be long and requires both sides to look over a number of documents, including police reports and witness statements medical records, bills and much more. Each side may demand interrogatories. They are a set of questions the other party must answer under oath, within a specific date.

In this phase, your lawyer will also work closely with medical professionals to obtain 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 past and upcoming medical expenses including lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer might be able to reach an agreement with the responsible driver's insurance company. This is more likely to occur after discovery and before the trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've sustained significant damage that is not covered by the insurance policy, your case could be referred to trial. A jury or judge will make a decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial step in any car accident case. This is the time when your attorney and the negligent insurance company of the driver exchange information that can support or damage your claim. Your attorney will request copies of the documents supporting your case, such as medical bills, police reports, work loss records (e.g. documents from your employer showing the amount of time you were absent from work due to the accident), photographs of your vehicle, Accident law firms any injuries or damage, and other relevant financial information. Your attorney could also make use of documents for discovery in writing, such as interrogatories and requests for production to question witnesses and other parties who are not present.

These tools for discovery are shared between attorneys on both sides. The written discovery tools provide the opposing side a chance to respond to questions in writing, which must be sworn to under oath, and to provide copies of other information that could be useful to you.

Your Long Island car accident attorney will also interview witnesses and anyone who has information regarding your injuries or damages that could be essential to your case. In a deposition, the at-fault party's lawyer will ask you various questions, and your responses will be recorded on video or translated by a court reporter.

These pretrial investigation procedures are designed to assist your lawyer create a compelling case against the responsible party and their insurer to obtain a fair settlement for all your injuries and losses, costs and expenses. There is no assurance of a settlement in every case however most will settle during or following the investigation process, which is usually done prior to trial.

4. Trial

Trials can be arranged in situations when you and the insurance company are not in agreement on the source of your fault or the amount you should receive for your injuries. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder, who renders a verdict which settles the dispute. In personal injury cases, the factfinder is usually a jury.

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

The jury will decide during trial if the plaintiff's injury was the result of the defendant's reckless behavior. They will be looking at the proximate causality, a nebulous legal concept that law students will spend hours studying. Proximate cause examines the degree of connection between a defendant's actions and the plaintiff’s injuries.

A jury must also determine the amount of damages you're entitled to. This is a more complicated matter depending on how severe your injuries are and the severity of your losses. Your lawyer will provide evidence which includes expert testimony about the severity of injuries that resulted in loss of income and earning potential, as well your pain and suffering and impairment.

5. Settlement

Each state has a specific legal deadline, commonly referred to as the statute of limitations, where you have to settle your claim or make a claim. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you may need to file a car accident law firm lawsuit in the court. It can be expensive and time-consuming, however it is often necessary to get compensation.

During this procedure, your Long Island personal injury lawyer will participate in discovery (a formal procedure in which each party exchanges information with the other side) and will attend hearings. Your lawyer will also submit legal documents, referred to as motions, asking the court to take actions like excluding certain types of evidence from trial. Settlement negotiations can continue during this process. Many car accident civil disputes are settled before trial is required.

If they believe your injury claim is valid and you are willing to go to trial the insurance company will offer an honest settlement offer. Settlement is more efficient and less risky than an in-court trial.

It is essential to fully comprehend the extent of your injuries prior to agreeing to an agreement. You must also have completed all medical treatment. You may not receive additional compensation if you accept an offer of settlement until your doctor has determined that you have reached the point of maximum improvement. Also, you should not sign a contract before you have spoken with your lawyer about the damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will go through your medical records, and other documentation to ensure that you receive all the damages you are entitled to.