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The Most Worst Nightmare Concerning Accident Compensation It's Coming To Life
The First Steps in Car Accident Litigation

Our firm of tenacious lawyers will draft a formal letter of demand if the insurance company refuses to pay you the amount you're entitled to for your injuries. The letter will list all of your financial damages such as medical expenses, lost wages, as and non-economic losses like pain and discomfort.

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

1. Gathering Evidence

In a lawsuit for a car accident, proving the negligence and liability is key to obtaining compensation for your losses and injuries. Collecting evidence is one the first steps of the litigation process. it involves gathering documents, photographs, witness testimony and official reports like police reports.

Photographs of the scene of the accident may aid your lawyer in determining what actually transpired in the accident, including the position of both vehicles after impact, skid marks road debris, and other physical evidence. Also, take note of the names and contact details of any eyewitnesses who witnessed what occurred. Witnesses that testify to support your account of events is important, especially since 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 responsibility altogether.

Medical records can also be used by your lawyer in order to prove the severity of your injury. They could include receipts, bills laboratory results, diagnosis reports, discharge instructions and other documentation. You should get these records as quickly as you can and give 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 use the testimony to prove the fact that your injuries had a direct and foreseeable connection to the accident which can help justify compensation for your damages. Most of the evidence discussed above can be obtained at the scene of the accident or shortly afterwards however some evidence may not be available until later in the legal process. This is the reason it's essential to talk to a reputable lawyer for car accidents as soon as possible, so that they can begin the investigation when the evidence is 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 out legal counsel from an expert. An attorney who has handled car accidents will provide the knowledge and expertise to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint with the court. This will outline your specific claims as well as the amount of money you wish to recover in damages. The complaint is typically written by your lawyer and filed with the court and served on the defendant.

The discovery phase begins with both parties able to share information regarding their claims and defenses. The process can take a long time and both teams will be required to examine a large number of documents like police reports and witness statements. They may also have to look at medical records as well as bills and other documents. Each side may request interrogatories. These are a series questions that the other side must answer under oath within an agreed upon timeframe.

In this phase, your lawyer will also work with doctors to ensure they have a complete understanding of the seriousness of your injuries and the impact they've had on your daily life. Your lawyer will then estimate the total damages you have suffered that include past and future medical expenses loss of earnings, pain and suffering, and more.

Your lawyer might be able to reach a settlement agreement with the insurance company of the driver at fault. It is likely to occur following the conclusion of discovery and before trial. If the insurance company is unwilling to offer a fair settlement, or if your damages are significant and not covered by insurance, then you could be required to go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident case. It is the point at which your attorney and negligent insurance company of the driver exchange information that could help or damage your claim. Your attorney will request copies of documents that support your case, including police reports, medical bills as well as work loss records (e.g. an email from your employer showing how much time you missed work because of the accident), photographs of your vehicle, any injuries or damages and other financial information. Your attorney may also employ written discovery tools, such as interrogatories or requests for production as well as requests for admissions to question witnesses and other parties who are not part of the case.

These discovery tools written in writing are distributed back and forth between the attorneys on both sides. The written discovery tools provide the other side an opportunity to respond to questions in writing that need to be sworn to under oath, and to provide copies or other information which could be useful to you.

Your Long Island car accident lawyer will also conduct depositions of people who are witnesses to the collision, as well as anyone with information on your injuries or damage that could be crucial to your case. During a deposition, your lawyer representing the at-fault party will ask you questions and your answers will be recorded on video by a court reporter or transcribing.

These pretrial investigation procedures are designed to assist your lawyer create a compelling case against the responsible party and their insurer to secure a fair settlement for all your losses, injuries and losses, costs and expenses. While there is no guarantee that all cases will settle, the majority do in the course of or following the discovery process, which can often be completed before the case is brought to trial.

4. Trial

The majority of car accident cases are settled through informal negotiations however, if you and your insurance company disagree about fault or the amount you are entitled to for your injuries, your case could go to trial. A trial is an official process where both parties present their arguments and evidence to a factfinder who makes an decision on how to resolve the dispute. In personal injury cases the factfinder usually a jury.

During the trial, your lawyer will provide your version of the events in your opening statements to the jury together with any evidence you have, such as photographs or videos of the accident scene, testimony from witnesses and medical professionals, as well as documents such as medical bills and police reports. You can also offer testimony regarding your recollection of the incident and how it affected your life. Expert witnesses can also testify to back your claims. The defendant's lawyer can cross-examine witnesses and object to admissibility of some evidence.

At trial, jurors must decide if the plaintiff's injuries were the result of the negligence of the defendant. They will be examining proximate causes, a complicated legal concept that lawyers spend countless hours studying during law school. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff's injuries.

A jury must also decide the amount of damages you are entitled to. It is also a complicated issue because it is contingent on the severity of your injuries and the amount to which you've suffered. Your lawyer will present evidence including expert testimony regarding the severity of your injuries as well as lost income and future earning potential, as well your pain and suffering as well as impairment.

5. Settlement

Every state has a legal deadline, also known as the statute of limitations in which you must settle your claim or bring a lawsuit. If your lawyer cannot come to a deal with the insurer, you may have to file a lawsuit in court. It can be time-consuming and expensive, but it is usually necessary to pursue compensation.

During the discovery procedure, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where both sides exchange information with the other). oregon accident attorneys will also submit legal documents, referred to as motions, which ask the court to do things like exclude certain types of evidence from trial. Settlement negotiations can continue during this process. A lot of civil disputes are settled prior to a trial.

If they believe that your claim is legitimate and you are willing to go to trial the insurance company will offer a fair settlement offer. Settlements are quicker and less risky than a court trial.

Before agreeing to a settlement, it is important to understand the severity of your injuries and completed all medical treatment. You could lose out on additional compensation if you sign the settlement until your physician has determined that you have reached the point of maximum improvement. You should also not sign a release until you've spoken with your lawyer about your damages. Your attorney will ensure that you don't get a poor deal on compensation. They will review your medical records, as well as other documents, to ensure that you are entitled to all of the damages for which you qualify.

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