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The First Steps in Car Accident Litigation

Our hard-working lawyers will draft an official demand letter if an insurance company refuses to pay the amount you're entitled to for your injuries. This letter will detail all of your financial losses such as medical expenses, lost wages as well as non-economic damages such as pain and discomfort.

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





1. Gathering Evidence

In a lawsuit that involves an automobile accident, proving negligence is crucial in obtaining compensation for your injuries. Gathering evidence is one of the first steps of the process of litigation, and it requires gathering documents including photographs, witness statements as well as official reports like police reports.

Your lawyer may be able to establish what transpired in the accident by taking photos of the scene, including skid marks road debris, skid marks and other physical evidence. Record the names and contact details of any witnesses who witnessed what transpired. Witnesses that testify to support your version of events is important especially as it can be common for drivers to have contradictory reports of what happened, which results in insurance companies refusing to accept the claim, or even deny the responsibility completely.

Medical records can also be used by your lawyer in order to prove the severity of your injuries. These records could include bills, receipts and lab results, diagnose reports, discharge directions and other documentation. You should seek these documents as soon as is possible, and make sure to send copies to your medical professionals.

A deposition is yet another type of evidence that your attorney could use. It's an out-of the court testimony that is under oath, and then transcribing by a Court Reporter. Your lawyer may use the testimony to prove that your injuries have had an immediate and obvious connection to the crash which can help justify compensation for your injuries. While the majority of these types of evidence are obtained at the scene or soon afterward, some of them may not be available until later in the litigation process. This is why it's crucial to consult a highly-credentialed lawyer for car accidents as soon as possible, so that they can begin investigating when the evidence is in its most pure form.

2. The process of filing a complaint

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

The first step is to file a complaint in court, which details the specific claims you have filed and how much money you're seeking in damages. This type of document is typically drafted by an attorney, and filed in the court. It is also delivered to the defendant.

The discovery phase starts with both parties able to exchange information about their claims and defenses. The process can take a considerable time and both teams will be required to examine a large number of documents, including police reports and witness statements. They might also have to look at medical records, bills, and other documents. Each side may request interrogatories, which are a series of questions which the other party must answer under oath, within a specific timeframe.

In this phase, your lawyer will also work closely with doctors to get the full picture of your injuries as well as the impact they've caused on your life. Your attorney will calculate your total damages. This will include any future medical expenses and lost wages, as well as pain and suffering and more.

Sometimes, your lawyer may be able to reach an agreement with the at fault driver's insurance company. This is more likely after discovery and prior to trial. If the insurance company is unwilling to offer a fair settlement or if your damages are important and not covered by insurance, you may be required to appear in court. A jury or judge will make a final decision in the case based on the evidence presented.

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 may support or damage your claim. Your attorney will request copies of the documents to support your case. This includes police reports medical bills, work loss records from your employer (showing how much time you've missed due to the accident) photographs of your vehicle damaged or injured as well as other financial data. Your attorney may also use written discovery tools, such as interrogatories and requests for production to inquire about witnesses and parties who are not present.

These written discovery tools are exchanged between attorneys from both sides. The written discovery tools provide the opposing side an opportunity to respond to questions in writing which must be answered under oath. It also allows you to provide copies of other information that may be helpful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the collision and anyone with information on your injuries or damages that could be relevant 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 build an argument that is persuasive and strong to the at-fault party and their insurer, so that you can secure an adequate and fair settlement for your injuries, losses and expenses. Although there is no guarantee that all cases will settle, the majority do during or after the discovery process, which is often be completed prior to the time your trial.

4. Trial

Although the 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 should receive for your injuries, your case could be heard in a trial. A trial is an official proceeding where both parties are required to present arguments and evidence before a factfinder who makes a decision to resolve the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial the lawyer will explain your story in opening statements to the jury, along with any supporting evidence you have, including pictures or videos of accident scene, witness testimony from witnesses and medical professionals, and documents like medical bills and police reports. You can also offer testimony regarding your recollection of the incident and how it changed your life. Expert witnesses can also testify to support your claims. alexandria accident lawsuit representing the defendant can cross-examine the witnesses and object to the admissibility of evidence.

The jury will decide at trial if the plaintiff's injury was the result of the defendant's negligent conduct. They will be examining proximate causes an intricate legal concept that lawyers have to spend many hours studying in law school. Proximate causes focuses on the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also decide how much compensation you should receive. It's also a complex issue due to the degree of your injuries and the extent to which you have suffered. Your attorney will present your evidence that includes expert witness testimony regarding the severity of your injuries, your loss of income, and your future earnings potential as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations, where you have to settle your claim or make a claim. If your lawyer is not able to negotiate a settlement with the insurer, you may have to make a court filing. It can be costly and time-consuming. However, it is often necessary to get compensation.

During this procedure you and your Long Island personal injury lawyer will be involved in discovery (a formal process in which parties exchange information with the other side) and be present at hearings. Your attorney will also submit legal documents, referred to as motions, requesting the court to do things like exclude certain types of evidence from trial. Settlement negotiations can continue throughout this process. A lot of car accident civil disputes are resolved before trial is required.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is strong and that you'll be willing to go to trial. Additionally the settlement process is faster and less risky than a trial.

Before settling an agreement, it is crucial to fully comprehend the extent of your injuries and that you have completed all medical treatment. It is possible to lose additional compensation if settling the settlement until your physician has determined that you have reached the point of maximum improvement. Also, you should not sign the release until you've had a conversation with your lawyer and had an understanding of all damages. Your lawyer will ensure that you don't get a poor deal on compensation. They will carefully examine your medical records as well as other documents to ensure that you receive the full amount of damages for which you are eligible.