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The First Steps in Car Accident Litigation
Our hard-working lawyers will draft a formal letter of demand if the insurance company refuses to provide you with the amount you're entitled to for your injuries. The letter will outline all of your economic losses such as medical expenses, lost wages as well as non-economic damages like discomfort and pain.
A judge or jury will then take a call. If they make a decision to your advantage, you are awarded damages and the defendant is required to pay them.
1. Gathering Evidence
In a car accident lawsuit, proving the negligence and liability is the most important aspect to obtain compensation for your losses and injuries. 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.
Photographs of the scene of the accident can assist your attorney in determining what actually transpired during the accident, including the position of both cars following the collision, skid marks, road debris and other physical evidence. Also, keep track of the names and contact information of any witnesses who were present at what transpired. It is crucial that witnesses to verify the events that occurred, as it can often happen that drivers provide contradictory statements that result in insurance companies denying or refusing the liability.
Medical records can also be utilized by your lawyer to prove the extent of your injury. These documents could include receipts, bills, lab results, diagnosis reports, discharge guidelines and other documents. You should obtain these documents as soon as you can, and make sure to send copies to your healthcare providers.
Another type of evidence that your lawyer could make use of is a deposition which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. Your lawyer could make use of the testimony to prove that your injuries have had an immediate and obvious connection to the accident, which helps justify requesting compensation for your losses. While most of the above-mentioned types of evidence are gathered at the accident scene or soon afterward, some of it might not be accessible until later in the litigation process. This is why it's important to contact a reputable car accident lawyer as soon as you can so that they can begin the investigation while vital evidence is still in its most pure form.
2. Making a complaint
Once the dust has settled and you've taken care of your injuries, it's the time to seek expert legal advice. A car accident attorney can provide the necessary expertise to ensure that you receive maximum compensation for your claim.
The first step is filing an application with the court. The complaint will detail your specific claims and the amount of money you want to recover in damages. This document is usually drafted by an attorney and filed in court. It is also served on the defendant.
This also triggers the discovery phase which allows both parties to exchange information and evidence related to their claims and defenses. The process can take a long time and requires both teams to review many documents, including police reports as well as witness statements medical records, bills and more. Each side can ask for interrogatories, which are a series of questions which the other party must answer under oath by a predetermined date.
In this phase the lawyer will work with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your lawyer will then estimate the total damages you have suffered that include the past and future medical costs as well as lost earnings, pain and suffering and much more.
Sometimes, your lawyer could be able to reach an agreement with the at-fault driver's insurance company. This is more likely to occur after discovery and prior to trial. However, if the insurance company refuses to provide a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, your case could go to trial. A jury or judge will make a decision in the case based on all of the evidence presented.
3. Discovery
Discovery is the most crucial step in any car accident lawsuit in which your attorney and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents that support your case, including medical bills, police reports or work-related loss records (e.g., from your employer which reveals how much time you missed work due to the accident) photographs of your vehicle, any injuries or damages as well as other financial information. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.
These tools for discovery are shared between attorneys on both sides. Written discovery tools allow the other side an opportunity to answer questions in writing which must be answered under oath. It also allows you to provide copies or other information that could be useful to you.
Your Long Island car accident lawyer will also conduct depositions of witnesses to the accident attorneys and anyone who has information about your injuries or damages that could be relevant to your case. During a deposition, the lawyer for the person who is at fault will ask you various questions, and your responses will be recorded on video or transcribed by a court reporter.
These pre-trial investigation procedures are designed to assist your lawyer construct a compelling argument against the person at fault and their insurer in order to negotiate an equitable settlement for all your losses, injuries as well as losses, expenses and costs. There is no guarantee of a settlement in every case, but the majority of cases do so after or during the investigation process, which is typically concluded prior to the trial.
4. Trial
While the vast majority of car accident cases settle through out-of-court negotiations If you and the insurance company are not in agreement about who is to blame or the amount you are entitled to for your injuries, your case could be heard in a trial. A trial is an official proceeding where both parties present arguments and evidence before an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.
During the trial the lawyer will explain your story in opening statements to the jury and any supporting evidence you may have, such as photographs or videos 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 can also testify regarding your personal memories of the incident, and how it impacted your life. Expert witnesses can also provide evidence to back up your assertions. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of certain evidence.
At trial, the jury must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will look at proximate cause an intricate legal concept that lawyers will spend many hours studying in law school. Proximate cause examines the relationship between the defendant's actions and the plaintiff's injuries.
A jury must also decide how much compensation you're entitled to. This is a thorny issue due to 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, the loss of income, and your future earnings potential as well as your pain and suffering, disfigurement, and impairment.
5. Settlement
Every state has a time limit to resolve your claim or file a lawsuit. This is referred to as the statute of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you may have to file a car accident lawsuit in the court. It can be expensive and time-consuming, however it is often required to seek compensation.
During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where both sides exchange information with each other). Your lawyer will also file legal documents, known as motions, which ask the court to take actions like excluding certain types of evidence from trial. Settlement negotiations may continue throughout the process, and a majority of car accident civil disputes end before a trial needs to be held.
If they believe that your injury claim is valid and you are willing to go to trial, insurance companies will make an acceptable settlement offer. In addition the settlement process is more efficient and less risky than a trial.
It is essential to understand your injuries prior to committing to the settlement. You must have completed all medical treatments. If you sign a settlement before your doctor has determined that you have reached maximum medical improvement (MMI), you could not receive additional compensation. Also, you should not sign a release before you have spoken to your lawyer regarding your damages. Your lawyer will ensure you do not miss out on valuable compensation. They will carefully examine your medical records as well as other documents to ensure that you receive the full amount of damages to which you are eligible.
Our hard-working lawyers will draft a formal letter of demand if the insurance company refuses to provide you with the amount you're entitled to for your injuries. The letter will outline all of your economic losses such as medical expenses, lost wages as well as non-economic damages like discomfort and pain.
A judge or jury will then take a call. If they make a decision to your advantage, you are awarded damages and the defendant is required to pay them.
1. Gathering Evidence
In a car accident lawsuit, proving the negligence and liability is the most important aspect to obtain compensation for your losses and injuries. 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.
Photographs of the scene of the accident can assist your attorney in determining what actually transpired during the accident, including the position of both cars following the collision, skid marks, road debris and other physical evidence. Also, keep track of the names and contact information of any witnesses who were present at what transpired. It is crucial that witnesses to verify the events that occurred, as it can often happen that drivers provide contradictory statements that result in insurance companies denying or refusing the liability.
Medical records can also be utilized by your lawyer to prove the extent of your injury. These documents could include receipts, bills, lab results, diagnosis reports, discharge guidelines and other documents. You should obtain these documents as soon as you can, and make sure to send copies to your healthcare providers.
Another type of evidence that your lawyer could make use of is a deposition which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. Your lawyer could make use of the testimony to prove that your injuries have had an immediate and obvious connection to the accident, which helps justify requesting compensation for your losses. While most of the above-mentioned types of evidence are gathered at the accident scene or soon afterward, some of it might not be accessible until later in the litigation process. This is why it's important to contact a reputable car accident lawyer as soon as you can so that they can begin the investigation while vital evidence is still in its most pure form.
2. Making a complaint
Once the dust has settled and you've taken care of your injuries, it's the time to seek expert legal advice. A car accident attorney can provide the necessary expertise to ensure that you receive maximum compensation for your claim.
The first step is filing an application with the court. The complaint will detail your specific claims and the amount of money you want to recover in damages. This document is usually drafted by an attorney and filed in court. It is also served on the defendant.
This also triggers the discovery phase which allows both parties to exchange information and evidence related to their claims and defenses. The process can take a long time and requires both teams to review many documents, including police reports as well as witness statements medical records, bills and more. Each side can ask for interrogatories, which are a series of questions which the other party must answer under oath by a predetermined date.
In this phase the lawyer will work with medical professionals to ensure they have a complete understanding of the extent of your injuries and the impact they've affected your daily routine. Your lawyer will then estimate the total damages you have suffered that include the past and future medical costs as well as lost earnings, pain and suffering and much more.
Sometimes, your lawyer could be able to reach an agreement with the at-fault driver's insurance company. This is more likely to occur after discovery and prior to trial. However, if the insurance company refuses to provide a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, your case could go to trial. A jury or judge will make a decision in the case based on all of the evidence presented.
3. Discovery
Discovery is the most crucial step in any car accident lawsuit in which your attorney and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will request copies of the documents that support your case, including medical bills, police reports or work-related loss records (e.g., from your employer which reveals how much time you missed work due to the accident) photographs of your vehicle, any injuries or damages as well as other financial information. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.
These tools for discovery are shared between attorneys on both sides. Written discovery tools allow the other side an opportunity to answer questions in writing which must be answered under oath. It also allows you to provide copies or other information that could be useful to you.
Your Long Island car accident lawyer will also conduct depositions of witnesses to the accident attorneys and anyone who has information about your injuries or damages that could be relevant to your case. During a deposition, the lawyer for the person who is at fault will ask you various questions, and your responses will be recorded on video or transcribed by a court reporter.
These pre-trial investigation procedures are designed to assist your lawyer construct a compelling argument against the person at fault and their insurer in order to negotiate an equitable settlement for all your losses, injuries as well as losses, expenses and costs. There is no guarantee of a settlement in every case, but the majority of cases do so after or during the investigation process, which is typically concluded prior to the trial.
4. Trial
While the vast majority of car accident cases settle through out-of-court negotiations If you and the insurance company are not in agreement about who is to blame or the amount you are entitled to for your injuries, your case could be heard in a trial. A trial is an official proceeding where both parties present arguments and evidence before an impartial factfinder who takes a decision on how to settle the dispute. In personal injury cases the factfinder is typically a jury.
During the trial the lawyer will explain your story in opening statements to the jury and any supporting evidence you may have, such as photographs or videos 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 can also testify regarding your personal memories of the incident, and how it impacted your life. Expert witnesses can also provide evidence to back up your assertions. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of certain evidence.
At trial, the jury must determine if the plaintiff's injuries were the result of the negligence of the defendant. They will look at proximate cause an intricate legal concept that lawyers will spend many hours studying in law school. Proximate cause examines the relationship between the defendant's actions and the plaintiff's injuries.
A jury must also decide how much compensation you're entitled to. This is a thorny issue due to 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, the loss of income, and your future earnings potential as well as your pain and suffering, disfigurement, and impairment.
5. Settlement
Every state has a time limit to resolve your claim or file a lawsuit. This is referred to as the statute of limitations. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you may have to file a car accident lawsuit in the court. It can be expensive and time-consuming, however it is often required to seek compensation.
During the discovery process your Long Island personal injuries lawyer will attend hearings and participate in discovery (a formal process where both sides exchange information with each other). Your lawyer will also file legal documents, known as motions, which ask the court to take actions like excluding certain types of evidence from trial. Settlement negotiations may continue throughout the process, and a majority of car accident civil disputes end before a trial needs to be held.
If they believe that your injury claim is valid and you are willing to go to trial, insurance companies will make an acceptable settlement offer. In addition the settlement process is more efficient and less risky than a trial.
It is essential to understand your injuries prior to committing to the settlement. You must have completed all medical treatments. If you sign a settlement before your doctor has determined that you have reached maximum medical improvement (MMI), you could not receive additional compensation. Also, you should not sign a release before you have spoken to your lawyer regarding your damages. Your lawyer will ensure you do not miss out on valuable compensation. They will carefully examine your medical records as well as other documents to ensure that you receive the full amount of damages to which you are eligible.
