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The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal demand letter if the insurance company refuses to pay you the amount you require for your injuries. The letter will list all of your economic damages like medical expenses and lost wages as also non-economic damages such as pain and discomfort.

Then the judge or jury will take a call. If they rule in your favor, they will award you damages and the defendant has to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident the proof of negligence and liability is the most important aspect to obtain 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 attorney may be able to establish what happened during the accident lawsuits by taking pictures of the scene, including skid marks or road debris, as well as other physical evidence. Also, note the names and contact details of any eyewitnesses who witnessed what transpired. It is crucial to have witnesses who can confirm the events that took place, since it can often happen that drivers provide contradictory statements that result in insurance companies refusing or denying responsibility.

Other evidence forms your lawyer could use include medical records. These could include bills, receipts, diagnosis reports, lab results, discharge instructions, and other evidence that proves the extent of your injuries. You should get these documents as soon as is possible, and make sure to give copies to your healthcare providers.

Another type of evidence that your attorney might make use of is a deposition which is an out-of court testimony delivered under oath, Accident compensation claim and then transcribed by a court reporter. Your lawyer could use the testimony to prove that your injuries have an immediate and clear connection to the crash and can be used to justify compensation for your damages. While the majority of the above types of evidence are gathered at the accident scene or shortly afterward however, some evidence may not be accessible until later in the litigation process. This is why it's crucial to speak with a well-credentialed lawyer for car accidents as soon as you can so that they can begin an investigation while vital evidence is still in its purest form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, it's the time to seek professional legal advice. A lawyer from a car accident can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint with the court. The complaint will detail your specific claims and the amount you wish to recover in damages. This document is usually drafted by an attorney and filed in court. It is also delivered to the defendant.

The discovery phase begins by allowing both parties to exchange information about their claims and defenses. The process can be lengthy and requires both parties to go through a myriad of documents including police reports witnesses' statements, police reports, medical records, bills and more. Both sides can request interrogatories. These are a series questions that the other side must answer under oath in an agreed upon timeframe.

Throughout this stage, your lawyer will also work with medical professionals to ensure they have a complete picture of the severity of your injuries as well as the impact they've affected your daily routine. Your attorney will then calculate the total damages you have suffered, which will include the future and past medical expenses and lost earnings, as well as suffering and pain, and more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver who is at fault. It is likely to occur after the completion of discovery and prior to trial. If the insurance company is unwilling to offer an equitable settlement, or if your losses are significant and are not covered by insurance, then you may have to go to trial. A judge or jury will make a final decision in the case based on the evidence presented.

3. Discovery

Discovery is an essential step in any car accident compensation claim case. This is the time when your attorney and the negligent insurer for the driver exchange information that could support or undermine your claim. Your attorney will ask for copies of the documents supporting your case, including medical bills, police reports, work loss records (e.g., from your employer that outlines how long you missed work because of the accident), photographs of your car and any injuries or damages as well as other financial information. Your lawyer will also make use of documents for discovery in writing, such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and parties who aren't present in the case.

The written discovery tools are circulated back and forth between attorneys from both sides. They provide the opposing party the chance to respond to questions in writing, that must be sworn to under oath, and to provide copies of certain documents and other information which could be beneficial to your case.

Your Long Island car accident compensation claims lawyer will also conduct depositions of people who are witnesses to the collision as well as anyone with information regarding your injuries or damages that could be relevant to your case. During a deposition lawyer representing the party at fault will ask you an array of questions and your responses will be recorded on video or translated by a court reporter.

These pretrial investigation processes are designed to assist your lawyer construct a compelling case against the person who is at fault and their insurer to get a fair settlement for all of your injuries or losses, as well as expenses. Although there is no guarantee that every case will settle however, the majority settles either during or after the discovery process, which can often be completed before the case is brought to trial.

4. Trial

Trials are possible in cases where you and the insurance company do not agree on fault or the amount of compensation you are entitled to for your injuries. A trial is a formal process where both sides submit arguments and evidence to a factfinder, who makes a decision that settles the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will present your version of events in your opening statements to the jury, together with any evidence you have, including photographs or videos of the accident scene, witness testimony from bystanders and medical professionals, as well as documents such as medical bills and police reports. You may also testify about your personal memories of the incident and how it impacted your life. Expert witnesses are also able to testify in support of your assertions. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of certain evidence.

In a trial, the jury must determine if the plaintiff's injuries were caused by the negligence of the defendant. They will consider the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury is also required to determine how much damages you're entitled to. This is a thorny issue due to how severe your injuries are and the extent of your losses. Your lawyer will present evidence which includes expert witness testimony regarding the severity of your injuries, your loss of income, and future earnings potential in addition to your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Each state has a specific deadline that you must meet to resolve your claim or file a lawsuit. This is known as the statute of limitations. If your lawyer is unable to negotiate a settlement with your insurance company, you may be required to make a court filing. It can be lengthy and costly, however it is usually required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where both sides exchange information with the other). Your lawyer will also file legal documents, referred to as motions asking the court for specific things such as the exclusion of certain kinds of evidence in trial. Settlement negotiations can continue during this process. Many car accident lawsuits civil disputes are settled prior to a trial.

If they feel that your injury claim is solid and that you are willing to go to trial the insurance company will offer a fair settlement offer. The settlement process is also faster and less risky compared to the court trial.

Before you agree to an agreement, it's essential to be aware of the extent of your injuries. You must also have completed all medical treatments. You may not receive additional compensation if you sign a settlement until your doctor has determined that you have attained the point of maximum improvement. You should also not sign the release until you've had a conversation with your lawyer and have an accurate understanding of your losses. Your lawyer will ensure you do not miss out on valuable compensation. They will review your medical records, as well as other documents, to ensure that you are entitled to all the damages for which you qualify.