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The First Steps in Car Accident Litigation
Our tenacious lawyers will prepare a formal letter of demand if the insurance company refuses to pay the amount you require for your injuries. This will include all of your financial losses like medical bills and lost wages, and non-economic damages like suffering and pain.
A judge or jury will then make a ruling. If they come to a decision to your advantage you will be awarded damages, and the defendant is required to pay them.
1. Gathering Evidence
In a lawsuit involving an automobile accident, proving negligence is vital in obtaining compensation for your injuries. Gathering evidence is among the first steps in the litigation process, and it involves gathering documents such as photographs, witness testimony and official reports, such as police reports.
Photographs of the scene of the accident attorney could assist your attorney in determining what actually happened in the accident, including the position of both vehicles after impact, skid marks road debris and other evidence that is physical. Note down the names and contact numbers of any witnesses who saw the events. Having witnesses testify that corroborate your version of what happened is crucial especially as it can be common for drivers to give contradicting versions of what transpired, which results in insurance companies refusing to accept the claim or denying any responsibility at all.
Other evidence that your lawyer could utilize include medical records, which can include receipts, bills diagnostic reports, lab results, discharge instructions, and other evidence that demonstrates the extent of your injuries. You should get these records as quickly as possible and provide copies to your healthcare professionals.
Another type of evidence your lawyer could employ is a deposition which is a non-court-issued testimony that is given under oath and recorded by a court reporter. Your lawyer could utilize this testimony to prove that your injuries have a direct, foreseeable link to the accident. This will help justify the need for compensation. While the majority of the above types of evidence can be taken at the scene of the accident or within a short time after however, some evidence may not be available until later in the litigation process. It is essential to contact an attorney in the case of a car crash with the right credentials immediately so that they can begin an investigation as evidence is in its purest form.
2. The process of filing a complaint
After the dust has settled and you've taken care of your injuries, it's time to seek expert legal advice. An attorney for car accidents can provide the necessary expertise to help you obtain maximum compensation for your claim.
The first step is to file a complaint with court, which details the specific claims you're bringing and the amount of money you're seeking in damages. This document is usually drafted by an attorney and then filed in court. It will also be given to the defendant.
It also kicks off the discovery phase, which allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can be very long and requires both parties to examine a variety of documents, including police reports witnesses' statements, police reports medical records, bills and more. Each side can ask for interrogatories, which are a set of questions the other party must answer under oath by a predetermined timeframe.
In this phase, your lawyer will also work closely with doctors to gather the full picture of your injuries as well as the impact they've had on your life. Your lawyer will estimate your total damages. This will include past and upcoming medical expenses as well as lost wages, the pain and suffering of others, and many more.
Sometimes, your lawyer might be able to reach a settlement with the at-fault driver's insurance company. This will most likely be the case following the completion of the discovery process and prior to trial. If the insurance company refuses an acceptable settlement, or if the damages are important and not covered by insurance, you may have to go to trial. A jury or judge will decide on the case based on the evidence presented.
3. Discovery
Discovery is a crucial stage in any car accident lawsuit, where your attorney and the negligent driver's insurance company exchange information that may assist or derail your claim. Your attorney will request documents that can support your case, including police reports, medical bills as well as work loss records (e.g. documents from your employer that outlines how much time you missed work due to the accident law firms) photographs of your vehicle, any injuries or damages, and other relevant financial information. Your attorney will also make use of written discovery tools like interrogatories and requests for production, as well as request for admissions to question witnesses and other parties that are not present in the case.
These written discovery tools are circulated back and forth between attorneys on both sides. The written discovery tools provide the opposing side a chance to answer questions in writing that must be answered under oath. They also ask you to provide copies or other information that could be helpful to you.
Your Long Island car accident attorneys attorney will also depose witnesses and anyone with information about your injuries or damages that could be vital to your case. During a deposition, the lawyer representing the party at fault will ask you questions and your answers are recorded on video by an official court reporter or recorded.
The goal of these pre-trial investigation procedures is to assist your lawyer to build an argument that is persuasive and strong to the at-fault party and their insurer, so that you can receive an equitable and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case but the majority of them do so during or after the investigation process, which is usually done prior to trial.
4. Trial
Trials are a possibility in situations when you and the insurance company are not in agreement about who is at fault or the amount you should receive for your injuries. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder, who makes a decision that resolves the dispute. In personal injury cases the factfinder is typically a jury.
During the trial the lawyer will give your account of the events in your opening statements to the jury, and any supporting evidence that you have, like pictures or videos of accident scene, testimony from bystanders and medical professionals, and documents such as police reports and medical bills. You can also testify regarding your memories of the incident and how it affected your life. Expert witnesses can also give evidence to support your claims. The lawyer for the defendant can cross-examine witnesses and object to the admissibility of evidence.
The jury will decide at trial whether the plaintiff's injuries was the result of the defendant's negligent behavior. They will consider proximate cause, a complicated legal concept that lawyers spend many hours studying during law school. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff's injuries.
A jury is also required to determine the amount of damages you're entitled to. This is a more complicated matter due to the severity of your injuries and the extent of your losses. Your lawyer will present evidence including expert witness testimony about the severity of your injuries, your lost income, and your future earnings potential, as well as your suffering and pain disfigurement, impairment, and.
5. Settlement
Each state sets a legal deadline, also known as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer can't negotiate a settlement with the insurer, you may have to start a lawsuit in the courtroom. It's costly and time-consuming. However, it is often required to seek compensation.
During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a procedure that is formal in which each side exchanges information with each other). Your lawyer will also file legal documents, known as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are resolved prior to a trial.
Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is strong and that you will be willing to go to trial. In addition, settlement is quicker and less risky for them than a trial.
It is important to understand your injuries prior to committing to an agreement. You must also have completed all medical treatment. If you agree to a settlement before your doctor has determined that you have reached maximum medical improvement (MMI) then you could not be eligible for additional compensation. Also, you should not sign a release until you've talked to your lawyer and had full understanding of your losses. Your lawyer will ensure that you don't miss out on valuable compensation. They will go through your medical records, as well as other documents, to ensure that you are entitled to all the damages for which you qualify.
Our tenacious lawyers will prepare a formal letter of demand if the insurance company refuses to pay the amount you require for your injuries. This will include all of your financial losses like medical bills and lost wages, and non-economic damages like suffering and pain.
A judge or jury will then make a ruling. If they come to a decision to your advantage you will be awarded damages, and the defendant is required to pay them.
1. Gathering Evidence
In a lawsuit involving an automobile accident, proving negligence is vital in obtaining compensation for your injuries. Gathering evidence is among the first steps in the litigation process, and it involves gathering documents such as photographs, witness testimony and official reports, such as police reports.
Photographs of the scene of the accident attorney could assist your attorney in determining what actually happened in the accident, including the position of both vehicles after impact, skid marks road debris and other evidence that is physical. Note down the names and contact numbers of any witnesses who saw the events. Having witnesses testify that corroborate your version of what happened is crucial especially as it can be common for drivers to give contradicting versions of what transpired, which results in insurance companies refusing to accept the claim or denying any responsibility at all.
Other evidence that your lawyer could utilize include medical records, which can include receipts, bills diagnostic reports, lab results, discharge instructions, and other evidence that demonstrates the extent of your injuries. You should get these records as quickly as possible and provide copies to your healthcare professionals.
Another type of evidence your lawyer could employ is a deposition which is a non-court-issued testimony that is given under oath and recorded by a court reporter. Your lawyer could utilize this testimony to prove that your injuries have a direct, foreseeable link to the accident. This will help justify the need for compensation. While the majority of the above types of evidence can be taken at the scene of the accident or within a short time after however, some evidence may not be available until later in the litigation process. It is essential to contact an attorney in the case of a car crash with the right credentials immediately so that they can begin an investigation as evidence is in its purest form.
2. The process of filing a complaint
After the dust has settled and you've taken care of your injuries, it's time to seek expert legal advice. An attorney for car accidents can provide the necessary expertise to help you obtain maximum compensation for your claim.
The first step is to file a complaint with court, which details the specific claims you're bringing and the amount of money you're seeking in damages. This document is usually drafted by an attorney and then filed in court. It will also be given to the defendant.
It also kicks off the discovery phase, which allows both sides to exchange information and evidence pertaining to their defenses and claims. The process can be very long and requires both parties to examine a variety of documents, including police reports witnesses' statements, police reports medical records, bills and more. Each side can ask for interrogatories, which are a set of questions the other party must answer under oath by a predetermined timeframe.
In this phase, your lawyer will also work closely with doctors to gather the full picture of your injuries as well as the impact they've had on your life. Your lawyer will estimate your total damages. This will include past and upcoming medical expenses as well as lost wages, the pain and suffering of others, and many more.
Sometimes, your lawyer might be able to reach a settlement with the at-fault driver's insurance company. This will most likely be the case following the completion of the discovery process and prior to trial. If the insurance company refuses an acceptable settlement, or if the damages are important and not covered by insurance, you may have to go to trial. A jury or judge will decide on the case based on the evidence presented.
3. Discovery
Discovery is a crucial stage in any car accident lawsuit, where your attorney and the negligent driver's insurance company exchange information that may assist or derail your claim. Your attorney will request documents that can support your case, including police reports, medical bills as well as work loss records (e.g. documents from your employer that outlines how much time you missed work due to the accident law firms) photographs of your vehicle, any injuries or damages, and other relevant financial information. Your attorney will also make use of written discovery tools like interrogatories and requests for production, as well as request for admissions to question witnesses and other parties that are not present in the case.
These written discovery tools are circulated back and forth between attorneys on both sides. The written discovery tools provide the opposing side a chance to answer questions in writing that must be answered under oath. They also ask you to provide copies or other information that could be helpful to you.
Your Long Island car accident attorneys attorney will also depose witnesses and anyone with information about your injuries or damages that could be vital to your case. During a deposition, the lawyer representing the party at fault will ask you questions and your answers are recorded on video by an official court reporter or recorded.
The goal of these pre-trial investigation procedures is to assist your lawyer to build an argument that is persuasive and strong to the at-fault party and their insurer, so that you can receive an equitable and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case but the majority of them do so during or after the investigation process, which is usually done prior to trial.
4. Trial
Trials are a possibility in situations when you and the insurance company are not in agreement about who is at fault or the amount you should receive for your injuries. A trial is a formal proceeding that involves both sides presenting arguments and evidence to a factfinder, who makes a decision that resolves the dispute. In personal injury cases the factfinder is typically a jury.
During the trial the lawyer will give your account of the events in your opening statements to the jury, and any supporting evidence that you have, like pictures or videos of accident scene, testimony from bystanders and medical professionals, and documents such as police reports and medical bills. You can also testify regarding your memories of the incident and how it affected your life. Expert witnesses can also give evidence to support your claims. The lawyer for the defendant can cross-examine witnesses and object to the admissibility of evidence.
The jury will decide at trial whether the plaintiff's injuries was the result of the defendant's negligent behavior. They will consider proximate cause, a complicated legal concept that lawyers spend many hours studying during law school. Proximate causes focuses on the degree of connection between a defendant's actions and the plaintiff's injuries.
A jury is also required to determine the amount of damages you're entitled to. This is a more complicated matter due to the severity of your injuries and the extent of your losses. Your lawyer will present evidence including expert witness testimony about the severity of your injuries, your lost income, and your future earnings potential, as well as your suffering and pain disfigurement, impairment, and.
5. Settlement
Each state sets a legal deadline, also known as the statute of limitations, that you must meet to settle your claim or start a lawsuit. If your lawyer can't negotiate a settlement with the insurer, you may have to start a lawsuit in the courtroom. It's costly and time-consuming. However, it is often required to seek compensation.
During the discovery procedure, your Long Island personal injuries lawyer will attend hearings and take part in discovery (a procedure that is formal in which each side exchanges information with each other). Your lawyer will also file legal documents, known as motions, which ask the court to take actions such as excluding certain types evidence from trial. Settlement negotiations can be ongoing during this process. A lot of civil disputes are resolved prior to a trial.
Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is strong and that you will be willing to go to trial. In addition, settlement is quicker and less risky for them than a trial.
It is important to understand your injuries prior to committing to an agreement. You must also have completed all medical treatment. If you agree to a settlement before your doctor has determined that you have reached maximum medical improvement (MMI) then you could not be eligible for additional compensation. Also, you should not sign a release until you've talked to your lawyer and had full understanding of your losses. Your lawyer will ensure that you don't miss out on valuable compensation. They will go through your medical records, as well as other documents, to ensure that you are entitled to all the damages for which you qualify.
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