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The First Steps in Car Accident Litigation
If the insurance company is refusing to provide the amount of money you need for your injuries, our persistent attorneys will prepare an official demand letter. This will include all of your economic damages such as medical bills and lost wages, and non-economic damages, like pain and suffering.
Then a judge or jury will make a decision. If they rule in your favor, you will be awarded damages. In addition, the defendant will be required to pay them.
1. Gathering Evidence
In a car accident lawsuit, proving negligence and liability is key to obtaining compensation for your losses and injuries. The gathering of evidence is one of the first steps of the litigation process, and it involves gathering evidence, documents, photographs, witness testimony, and official reports such as police reports.
Your attorney might be able to establish what happened during the accident by taking photos of the scene, which include skid marks, road debris and other physical evidence. Take down the names and contact details of any witnesses who were present to witness the events. Witnesses who testify to corroborate your version of the events is essential, especially since it can be common for drivers to have conflicting accounts of what happened that causes insurance companies to refuse to accept the claim or denying the responsibility completely.
Other forms of evidence your lawyer might use include medical records, which can include bills, receipts diagnose reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. You should seek these documents as soon as is possible and ensure that you send copies to your healthcare providers.
Depositions are another form of evidence that your attorney might use. This is an out-of court testimony under oath. It is then transcribing by a Court Reporter. The lawyer can utilize the testimony to prove that your injuries had an immediate and clear connection to the accident, which helps justify requesting compensation for your damages. While most of the above-mentioned kinds of evidence can be taken at the scene of the accident or soon afterward, some of them may not be accessible until later in the litigation process. It's important to contact an attorney for car accidents with the right credentials immediately to begin an inquiry while the evidence is still in its purest form.
2. Filing a complaint
After the dust has settled and you have tended to your injuries, it's time to seek legal advice from a professional. A lawyer from a car accident can offer you the knowledge to maximize your compensation.
The first step is to file a complaint with court, which lists the specific claims you have filed and the amount you're seeking in damages. The complaint is typically written by your attorney and filed with the court and served on the defendant.
This also initiates the discovery phase that allows both sides to exchange information and evidence that is related to their claims and defenses. The process can be lengthy and requires both parties to go through a myriad of documents including police reports as well as witness statements, medical records, bills and much more. Each side can request interrogatories. They are a set of questions that the other side must answer under oath within an agreed upon timeframe.
In this phase, your lawyer will also work closely with doctors to gather the full picture of your injuries and the impact that they've had on your life. Your attorney will calculate the total damages. This will include past and upcoming medical expenses as well as lost wages, suffering and pain, and much more.
Sometimes, your lawyer may be able to negotiate an agreement with the at fault driver's insurance company. This is more likely following discovery, but before trial. If the insurance company is unable to negotiate a fair settlement or if you've incurred significant losses that aren't covered by the insurance policy, the case could go to trial. A jury or judge will decide on the case based upon all of the evidence presented.
3. Discovery
Discovery is a crucial phase in any car accident lawsuit where your lawyer and the insurance company exchange information that could support or damage your claim. Your attorney will seek copies of all documents to support your case. This includes police reports medical bills, as well as work loss documents from your employer (showing how much time you missed due to the accident lawsuits) photos of your vehicle as well as any injuries or damages as well as other financial data. Your lawyer will also make use of documents for discovery in writing, such as interrogatories and requests for production, as well as request for admissions to question witnesses and other parties who are not part of the case.
These tools for writing discovery are exchanged between attorneys from both sides. They give the opposing party the opportunity to answer questions in writing, which have to be sworn to under oath, and to supply copies of certain documents or other information which could be beneficial to your case.
Your Long Island car accident attorney will also interview witnesses and any other person with information about your injuries or damages which could be important to your case. In 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.
The goal of these pretrial investigation processes is to enable your lawyer to build a strong and compelling case to the at-fault party and their insurance company so that you can receive a fair and complete settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case, but most do so after or during the investigation process, which usually concluded prior to the trial.
4. Trial
While the vast majority of car accident cases are settled through informal negotiations If you and the insurance company do not agree on who is at fault or the amount you should receive for your injuries, your case may go to trial. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder, who makes a decision that resolves the dispute. In personal injury cases, the factfinder is usually a jury.
Your lawyer will present to the jury your account of the events during the trial. This will include any evidence supporting it including photos or videos of the accident scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You may also offer your testimony regarding your recollection of the incident and how it impacted your life. Expert witnesses can also testify to support your assertions. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of certain evidence.
The jury will determine at trial if the plaintiff's injury was caused by the defendant's reckless behavior. They will examine proximate cause, a complicated legal concept that lawyers will spend many hours studying in law school. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff’s injuries.
A jury must also decide how much compensation you will be awarded. This is a thorny issue depending on how severe your injuries are and the extent of your losses. Your lawyer will present evidence including expert testimony regarding the severity of injuries loss of income, future earnings potential, as also the extent of your suffering and impairment.
5. Settlement
Every state has a time limit within which you can resolve your claim or file an action. This is known as the statutes of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you could require filing a car accident lawsuit in the court. This can be time consuming and costly, however it is often required to seek compensation.
During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents called motions that ask the court for specific things such as the exclusion of certain types of evidence at trial. Settlement negotiations may continue throughout this process. A lot of car accident civil disputes are settled before trial is required.
Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you are willing to go to trial. In addition, the settlement process is quicker and less risky for them than a trial.
Before you agree to a settlement, it is important that you fully understand the extent of your injuries and completed all medical treatments. You could be denied additional compensation if you sign a settlement until your doctor has determined that you have attained the maximum medical improvement. Also, you should not sign a release until you've had a conversation with your lawyer and received full understanding of your damages. Your lawyer will make sure that you don't lose out on a significant amount of compensation. They will carefully examine your medical records and other evidence to make sure that you get the full amount of damages for which you are eligible.
If the insurance company is refusing to provide the amount of money you need for your injuries, our persistent attorneys will prepare an official demand letter. This will include all of your economic damages such as medical bills and lost wages, and non-economic damages, like pain and suffering.
Then a judge or jury will make a decision. If they rule in your favor, you will be awarded damages. In addition, the defendant will be required to pay them.
1. Gathering Evidence
In a car accident lawsuit, proving negligence and liability is key to obtaining compensation for your losses and injuries. The gathering of evidence is one of the first steps of the litigation process, and it involves gathering evidence, documents, photographs, witness testimony, and official reports such as police reports.
Your attorney might be able to establish what happened during the accident by taking photos of the scene, which include skid marks, road debris and other physical evidence. Take down the names and contact details of any witnesses who were present to witness the events. Witnesses who testify to corroborate your version of the events is essential, especially since it can be common for drivers to have conflicting accounts of what happened that causes insurance companies to refuse to accept the claim or denying the responsibility completely.
Other forms of evidence your lawyer might use include medical records, which can include bills, receipts diagnose reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. You should seek these documents as soon as is possible and ensure that you send copies to your healthcare providers.
Depositions are another form of evidence that your attorney might use. This is an out-of court testimony under oath. It is then transcribing by a Court Reporter. The lawyer can utilize the testimony to prove that your injuries had an immediate and clear connection to the accident, which helps justify requesting compensation for your damages. While most of the above-mentioned kinds of evidence can be taken at the scene of the accident or soon afterward, some of them may not be accessible until later in the litigation process. It's important to contact an attorney for car accidents with the right credentials immediately to begin an inquiry while the evidence is still in its purest form.
2. Filing a complaint
After the dust has settled and you have tended to your injuries, it's time to seek legal advice from a professional. A lawyer from a car accident can offer you the knowledge to maximize your compensation.
The first step is to file a complaint with court, which lists the specific claims you have filed and the amount you're seeking in damages. The complaint is typically written by your attorney and filed with the court and served on the defendant.
This also initiates the discovery phase that allows both sides to exchange information and evidence that is related to their claims and defenses. The process can be lengthy and requires both parties to go through a myriad of documents including police reports as well as witness statements, medical records, bills and much more. Each side can request interrogatories. They are a set of questions that the other side must answer under oath within an agreed upon timeframe.
In this phase, your lawyer will also work closely with doctors to gather the full picture of your injuries and the impact that they've had on your life. Your attorney will calculate the total damages. This will include past and upcoming medical expenses as well as lost wages, suffering and pain, and much more.
Sometimes, your lawyer may be able to negotiate an agreement with the at fault driver's insurance company. This is more likely following discovery, but before trial. If the insurance company is unable to negotiate a fair settlement or if you've incurred significant losses that aren't covered by the insurance policy, the case could go to trial. A jury or judge will decide on the case based upon all of the evidence presented.
3. Discovery
Discovery is a crucial phase in any car accident lawsuit where your lawyer and the insurance company exchange information that could support or damage your claim. Your attorney will seek copies of all documents to support your case. This includes police reports medical bills, as well as work loss documents from your employer (showing how much time you missed due to the accident lawsuits) photos of your vehicle as well as any injuries or damages as well as other financial data. Your lawyer will also make use of documents for discovery in writing, such as interrogatories and requests for production, as well as request for admissions to question witnesses and other parties who are not part of the case.
These tools for writing discovery are exchanged between attorneys from both sides. They give the opposing party the opportunity to answer questions in writing, which have to be sworn to under oath, and to supply copies of certain documents or other information which could be beneficial to your case.
Your Long Island car accident attorney will also interview witnesses and any other person with information about your injuries or damages which could be important to your case. In 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.
The goal of these pretrial investigation processes is to enable your lawyer to build a strong and compelling case to the at-fault party and their insurance company so that you can receive a fair and complete settlement for your injuries, losses and expenses. There is no guarantee of a settlement in every case, but most do so after or during the investigation process, which usually concluded prior to the trial.
4. Trial
While the vast majority of car accident cases are settled through informal negotiations If you and the insurance company do not agree on who is at fault or the amount you should receive for your injuries, your case may go to trial. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder, who makes a decision that resolves the dispute. In personal injury cases, the factfinder is usually a jury.
Your lawyer will present to the jury your account of the events during the trial. This will include any evidence supporting it including photos or videos of the accident scene witness testimony, statements from witnesses and medical professionals, documents like police reports and bills. You may also offer your testimony regarding your recollection of the incident and how it impacted your life. Expert witnesses can also testify to support your assertions. The defendant's attorney can cross-examine witnesses, and argue against the admissibility of certain evidence.
The jury will determine at trial if the plaintiff's injury was caused by the defendant's reckless behavior. They will examine proximate cause, a complicated legal concept that lawyers will spend many hours studying in law school. Proximate causes analyzes the degree of connection between a defendant's actions and the plaintiff’s injuries.
A jury must also decide how much compensation you will be awarded. This is a thorny issue depending on how severe your injuries are and the extent of your losses. Your lawyer will present evidence including expert testimony regarding the severity of injuries loss of income, future earnings potential, as also the extent of your suffering and impairment.
5. Settlement
Every state has a time limit within which you can resolve your claim or file an action. This is known as the statutes of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you could require filing a car accident lawsuit in the court. This can be time consuming and costly, however it is often required to seek compensation.
During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal procedure in which each party exchanges information with the other side) and will attend hearings. Your lawyer will also file legal documents called motions that ask the court for specific things such as the exclusion of certain types of evidence at trial. Settlement negotiations may continue throughout this process. A lot of car accident civil disputes are settled before trial is required.
Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is legitimate and that you are willing to go to trial. In addition, the settlement process is quicker and less risky for them than a trial.
Before you agree to a settlement, it is important that you fully understand the extent of your injuries and completed all medical treatments. You could be denied additional compensation if you sign a settlement until your doctor has determined that you have attained the maximum medical improvement. Also, you should not sign a release until you've had a conversation with your lawyer and received full understanding of your damages. Your lawyer will make sure that you don't lose out on a significant amount of compensation. They will carefully examine your medical records and other evidence to make sure that you get the full amount of damages for which you are eligible.
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