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The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter in the event that the insurance company is unable to pay the amount you need for your injuries. This will include all of your financial losses like medical bills and lost wages, and non-economic damages, such as pain and suffering.

A judge or jury will then make a decision. If they rule in your favor they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit for a car accident, proving negligence and liability is key to obtaining compensation for your losses and injuries. Gathering evidence is among the initial steps in the process of litigation, and it requires gathering documents witnesses' testimony, photographs, and official reports like police reports.

Photographs of the scene of the accident could aid your lawyer in determining what happened during the crash, including the position of both vehicles after impact, skid marks road debris, and other physical evidence. Record the names and contact information of any witnesses who witnessed the incident. Witnesses who testify to corroborate your account of what happened is crucial as it could be common for drivers to have conflicting reports of what happened, which causes insurance companies to refuse to accept the claim or even denying any responsibility at all.

Other evidence that your lawyer could use include medical records. These could include receipts, bills diagnose reports, lab results, discharge guidelines, and other documentation that demonstrate the extent of your injuries. You should obtain these records as quickly as you can, and also provide copies to your medical professionals.

A deposition is another form of evidence that your attorney may use. It is an out-of court testimony given under oath and later recorded by a Court Reporter. The lawyer can use this evidence to prove your injuries had an immediate, obvious connection to the accident. This will help justify seeking compensation. While most of the above-mentioned types of evidence are gathered at the accident scene or shortly thereafter but some of the evidence might not be accessible until later in the litigation process. This is why it's important to consult a highly-credentialed car accident lawyer as soon as possible 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, you should seek legal guidance from an expert. A lawyer for car accidents can provide the expertise needed to help you obtain maximum compensation for your claim.

The first step is filing a complaint with the court. This will outline your specific claims and the amount of money you wish to recover in damages. The document is usually drafted by your lawyer and filed with the court and served on the defendant.

It also kicks off the discovery phase which allows both sides to exchange information and evidence pertaining to their claims and defenses. The process can take a considerable time and both teams will need to review a lot of documents, including police records and witness statements. They may also have to look at medical records, bills, and other documents. Each side may require interrogatories. These are a series of questions that each party must answer under oath, within a specific time frame.

In this phase the lawyer will work with medical professionals to ensure they have a complete understanding of the seriousness of your injuries and the impact they've had on your daily life. Your attorney will then calculate your total damages, which will include the future and past medical expenses and lost earnings, as well as suffering and pain and much more.

Your lawyer could be able to negotiate a settlement with the insurance company of the driver who is at the fault. This is more likely to occur following discovery, but before trial. If the insurance company does not agree to a fair settlement or if your damages are significant and are not covered by insurance, then you could be required to appear in court. A jury or judge will decide the case based on the weight of all evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that could help or hurt your claim. Your attorney will ask for copies of documents that support your case, such as medical bills, police reports or work-related loss records (e.g. documents from your employer that outlines how long you missed work because of the accident) photographs of your vehicle and any damage or injuries or other pertinent financial information. Your attorney may also use documents for discovery in writing, such as interrogatories and requests for production to inquire into witnesses and parties who are not present.

These documents are used to exchange information between attorneys on both sides. The written discovery tools give the other side an opportunity to answer questions in writing which must be sworn to under oath, and to provide copies of other information that may be useful to you.

Your Long Island car accident attorney will also question witnesses and any other person with information about your injuries or damages which could be vital to your case. During a deposition, your lawyer representing the person at fault will ask you questions and your answers are recorded on video by a court reporter or transcribed.

The pretrial investigation process is designed to help your lawyer create a compelling case against the responsible party and their insurer in order to obtain a fair settlement for all of your injuries and losses, costs and expenses. There is no assurance of a settlement in every case, but the majority of cases occur during or after the investigation process, which is typically completed prior to the trial.

4. Trial

Trials are possible in cases when you and the insurance company are not in agreement on the source of your fault or the amount of compensation you are entitled to for your injuries. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder who makes a ruling that resolves the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial your lawyer will explain your story in opening statements to the jury along with any supporting evidence that you have, like photos or video of the accident scene, witness testimony from people who witnessed the accident and medical professionals, and documents such as medical bills and police reports. You may also offer your testimony regarding your memory of the incident and how it affected your life. Expert witnesses can also give evidence to back up your assertions. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

At trial, the jury must decide whether the plaintiff's injuries were the result of the defendant's negligence. They will look at proximate cause an intricate legal concept that lawyers spend countless hours studying during law school. Proximate cause looks at 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 more complicated matter because it is contingent on the severity of your injuries and the extent of your losses. Your attorney will present your evidence including expert testimony from a witness regarding the severity of your injuries, your lost income, and your future earnings potential in addition to your pain and suffering disfigurement, impairment, and.

5. Settlement





Every state has a deadline by which you can 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 is costly and time-consuming. However, it is often required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal procedure where each side exchanges information with one another). Your lawyer will also file legal documents referred to as motions asking the court for things like excluding certain types of evidence at trial. Settlement negotiations can go on throughout the process, and most civil disputes arising out of car accidents will end before a trial has to be held.

If they believe your injury claim is solid and you are willing to go to trial, insurance companies will make an appropriate settlement offer. Settlement is faster and less risky compared to a court trial.

Before settling hammond accident lawyer , it's important to understand the severity of your injuries. You must also have completed all medical treatment. If you accept a settlement before your doctor determines that you have reached the maximum medical improvement (MMI) it is possible to miss out on additional compensation. It is also important not to sign a settlement agreement before you've spoken with your lawyer about your injuries. Your lawyer will make sure that you don't lose out on valuable compensation. They will go through your medical records, and other documentation to ensure that you receive all the damages for which you qualify.