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The Three Greatest Moments In Accident Compensation History
The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you need for your injuries, our determined lawyers will draft an official demand letter. This will outline all the economic losses you have suffered such as medical bills and lost wages, and other damages that are not economic, like pain and suffering.

A judge or jury will then take a call. If they come to a decision in your favor you will be awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in a car, proving negligence is vital in obtaining compensation for your 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.

Your attorney may be able to determine what transpired in the accident by taking photographs of the scene, including skid marks road debris, skid marks and other physical evidence. Also, take note of the names and contact information of any eyewitnesses who witnessed what occurred. It is essential that witnesses to verify the events that took place, since it can often happen that drivers offer contradictory information that can lead to insurance companies refusing or denying responsibility.


Medical records can also be used by your lawyer to prove the severity of your injuries. These documents could include receipts, bills laboratory results, diagnosis reports, discharge guidelines and other documents. You should obtain these records as quickly as you can and give copies to your healthcare professionals.

Another type of evidence that your attorney could use is a deposition, which is an out-of-court testimonies given under oath, and then transcribed by a court reporter. Your lawyer could utilize the testimony to prove the fact that your injuries had an immediate and obvious connection to the accident and can be used to justify compensation for your injuries. While most of the above-mentioned types of evidence are obtained at the scene or shortly thereafter but some of the evidence might not be available until later in the litigation process. This is the reason it's essential to speak with a well-credentialed car accident lawyer as soon as you can, so they can begin investigating as evidence is in its purest form.

2. Filing a complaint

When the dust has cleared and you've treated your injuries, it's the time to seek expert legal advice. An attorney for car accidents can provide the necessary expertise to ensure you receive the maximum compensation for your claim.

The first step is to file a complaint with the court. This will outline your specific claims and the amount of money you'd like to recover in damages. The document is usually drafted by your attorney, and then filed with the court and served on the defendant.

This also begins the discovery phase which allows both sides to exchange information and documents related to their defenses and claims. The process can take a long duration and both teams will have to look over a variety of documents, including police records and witness statements. They might also need to look at medical records, bills, and other documents. Each side can request interrogatories, which are a series of questions that each party must answer under oath within a specified time frame.

In this phase, your lawyer will also collaborate with doctors to gather an accurate picture of your injuries as well as the impact that they've affected your life. Your attorney will then calculate the total damages you have suffered that will include the past and future medical costs as well as lost earnings, suffering and pain, and more.

Sometimes, your lawyer may be able to reach an agreement with the at fault driver's insurance company. It is likely to take place after the completion of discovery and prior to trial. However, if the insurance company is unable to provide a fair settlement or if you have incurred significant damage that is not covered by the insurance policy, your case could be referred to trial. A judge or jury will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident in which your attorney and the insurance company exchange information that may support or damage your claim. Your attorney will seek copies of all documents to support your claim. These documents include police reports, medical bills and work loss documents from your employer (showing how much time you've missed because of the accident) photographs of your vehicle as well as any injuries or damages and financial information. Your lawyer will also make use of written discovery tools such as interrogatories or requests for production as well as request for admissions to question witnesses and other parties who aren't present in the case.

These discovery tools written in writing are circulated back and forth between attorneys on both sides. Written discovery tools allow the opposing side an opportunity to answer questions in writing, which must be answered under oath. They also ask you to provide copies of other information that might be helpful to you.

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the collision and any person who has information about your injuries or damage that could be crucial to your case. During a deposition, the lawyer representing the at-fault party will ask you questions, and your answers are recorded on video by a court reporter or transcribed.

The goal of these pre-trial investigation procedures is to enable your lawyer to construct a strong and compelling case to the at-fault party and their insurer in order that you can receive an equitable and fair settlement for your injuries, losses and expenses. There is no guarantee of a settlement in each case, but most will settle during or following the investigation process, which is often done prior to trial.

4. Trial

While the vast majority of car accidents settle through negotiations outside of court however, if you and your insurance company do not agree on who is at fault or the amount you are entitled to for your injuries, your case may be heard in a trial. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder who makes a decision that settles the issue. In personal injury cases the factfinder is typically a jury.

During the trial your lawyer will provide your version of the events in opening statements to the jury and any supporting evidence you may have, such as pictures or videos of accident scene, testimony from witnesses and medical professionals, as well as documents such as medical bills and police reports. You can also give your testimony regarding your recollection of the incident and how it impacted your life. Expert witnesses can also testify to support your claims. The lawyer for the defendant can interrogate witnesses and object to the admissibility or validity of certain evidence.

At trial, jurors must decide whether the plaintiff's injuries were caused by the defendant's negligence. They will consider the proximate causes, which is a complicated legal concept that law school students spend hours studying. lawrence accident attorneys looks at the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you're entitled to. It's also a complicated issue due to the degree of your injuries and the degree to which you've suffered. Your lawyer will present your evidence that includes expert witness testimony on the severity of your injuries, your lost income, and future earnings potential and your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations, in which you must settle your claim or start a lawsuit. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you might have to file a car accident lawsuit in court. This could be a lengthy process and costly, but it is usually required to seek compensation.

During this process during this process, your Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and attend hearings. Your lawyer will also file legal documents, referred to as motions to ask the court for specific things such as excluding certain types of evidence at trial. Settlement negotiations can be ongoing during this process. Many car accident civil disputes are settled before a trial is needed.

If they believe your injury claim is solid and you are willing to go to trial Insurance companies will offer an acceptable settlement offer. Additionally, the settlement process is quicker and less risky than a trial.

It is important to be aware of the extent of your injuries prior to agreeing to an agreement. You must also have completed all medical treatment. It is possible to lose additional compensation if you sign a settlement until your doctor has confirmed that you have achieved the level of medical improvement that is the highest. You should also not sign the release until you've met with your lawyer and gained a complete understanding of your damages. Your lawyer will make sure that you do not get a poor deal on compensation. They will carefully review your medical records and other evidence to ensure that you receive the full amount of damages for that you are eligible.

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