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10 Things You Learned In Preschool To Help You Get A Handle On Accident Compensation
The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount of money you need for your injuries, our hard-working lawyers will draft an official demand letter. The letter will outline all of your economic damages such as medical costs and lost wages, as and non-economic losses like pain and discomfort.

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

1. Gathering Evidence

In a lawsuit that involves an automobile accident the proof of negligence is essential to receiving compensation for your injuries. Collecting evidence is one the first steps in the litigation process, and it involves gathering documents such as photographs, witness testimony as well as official reports like police reports.

Your attorney might be able to establish what transpired in the accident by taking pictures of the scene, including skid marks or road debris, as well as other physical evidence. Also, keep track of the names and contact numbers of any eyewitnesses who witnessed what occurred. Witnesses who testify to corroborate your version of the events is essential as it could be common for drivers to have conflicting stories of what happened. This can lead to insurance companies refusing to accept the claim or even denying any responsibility at all.

Medical records can also be used by your lawyer to establish the severity of your injuries. They could include bills, receipts as well as lab results, diagnosis reports, discharge guidelines and other records. You should obtain these documents as soon as you can and ensure that you give copies to your healthcare providers.

Another type of evidence that your attorney could make use of is a deposition which is an out-of court testimony delivered under oath and recorded by a court reporter. Your lawyer may use this testimony to establish your injuries had a direct, foreseeable link to the accident. This will help justify requesting compensation. Most of the evidence discussed above can be gathered at the site of the accident or shortly afterwards however, some might not be available until much later in the litigation. This is why it's important to speak with a well-credentialed lawyer for car accidents as soon as you can, so they can begin an investigation while the crucial evidence is in its most pure form.

2. Making a complaint

After the dust has settled and you've treated your injuries, it's the time to seek expert legal advice. A lawyer from a car accident can provide you with the knowledge to maximize your compensation.

The first step is to file a complaint in court, which details the specific claims you are making and the amount of money you are seeking in damages. The document is usually written by an attorney and filed in the court. It will also be given to the defendant.

This also initiates the discovery phase, which allows both sides to exchange information and evidence that is related to their claims and defenses. The process can be lengthy and requires both sides to examine a variety of documents, including police reports as well as witness statements and medical records, as well as bills and much more. Each side can require interrogatories. These are a set of questions that the other party must answer under oath within a set date.

In this phase the lawyer will collaborate with medical professionals to ensure they have a complete understanding of the seriousness of your injuries and the impact they have affected your daily routine. Your lawyer will estimate the total damages. This will include past and upcoming medical expenses and lost wages, as well as pain and suffering and more.

Sometimes, your lawyer could be able to negotiate an agreement with the at-fault driver's insurance company. This is most likely to occur following the conclusion of discovery, but before trial. If the insurance company refuses a fair settlement, or if the damages are significant and are not covered by insurance, you may need to go to trial. A jury or judge will decide the case based on the weight of all the evidence.

3. Discovery

Discovery is a crucial stage in any lawsuit involving a car accident where your lawyer and the insurance company exchange information that may aid or hinder your claim. Your attorney will request documents that can support your case, including police reports, medical bills and work loss records (e.g. documents from your employer showing the amount of time you were absent from work because of the accident) photos of your vehicle, any injuries or damage and other financial information. Your attorney will also use documents for discovery in writing, such as interrogatories or requests for production as well as request for admissions to question witnesses and parties who are not in the case.

These discovery tools written in writing are sent back and forth between attorneys for both sides. The tools for writing discovery give the opposing party a chance to answer questions in writing which must be answered under oath. It also allows you to provide copies or other information which could be useful to you.

Your Long Island car accident lawyer will also depose witnesses to the accident, as well as anyone who has information about your injuries or damages that could be important to your case. During a deposition the lawyer representing the person at fault will ask you questions and your answers will be recorded on video by a court reporter or transcribed.

These pretrial investigation processes are designed to help your lawyer build a compelling case against the person who is at fault and their insurer to negotiate an equitable settlement for all of your injuries or losses, as well as expenses. Although there is no assurance that all cases will settle, the majority do at the end of or following the discovery process, which can often be completed before your case is brought to trial.

4. Trial

The majority of car accident cases settle through negotiations outside of court, if you and the insurance company do not agree on who is at fault or how much compensation you should receive for your injuries, your case may go to trial. A trial is a formal procedure that involves both sides presenting arguments and evidence to a factfinder, who makes a ruling that resolves the dispute. In personal injury cases the factfinder usually a jury.

During the trial your lawyer will be able to explain your story in opening statements to the jury together with any evidence you have, such as photographs or videos of the accident scene, testimony from bystanders and medical professionals, as well as documents like police reports and medical bills. You may also offer your testimony regarding your memories of the incident and how it has impacted your life. Expert witnesses can also testify to back your assertions. The defendant's attorney can interrogate witnesses and contest the admissibility of certain evidence.

In a trial, jurors must determine if the plaintiff's injuries were caused by the negligence of the defendant. They will consider the proximate cause, a complicated legal concept that law school students spend hours studying. Proximate causes considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. This is a complicated issue, as it depends on the severity of your injuries and the extent of your losses. Your lawyer will provide evidence that includes expert testimony regarding the severity of injuries as well as lost income and future earning potential, as well your pain and suffering and impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations where you have to settle your claim or make a claim. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, then you might need to file a car accident lawsuit in the court. It's costly and time-consuming, but it is often necessary to seek compensation.

During the discovery process your Long Island personal injuries lawyer will attend hearings and take part in discovery (a process formal where each side exchanges information with each other). Your lawyer will also file legal documents, referred to as motions to request the court to consider not allowing certain types of evidence at trial. Settlement negotiations may continue throughout this process. A lot of car accident civil disputes are resolved before a trial is needed.

If new hampshire accident attorney believe that your claim is solid and that you are willing to go to trial, insurance companies will make a fair settlement offer. Additionally settlement is quicker and less risky for them than a trial.


Before you agree to an agreement, it is essential to be aware of the extent of your injuries and completed all medical treatment. You could be denied additional compensation if you agree to a settlement until your doctor has concluded that you have reached the maximum medical improvement. Don't sign a release until you have talked to your lawyer and received an understanding of all losses. Your lawyer will ensure that you don't miss out on valuable compensation. They will go through your medical records and other documentation to ensure that you are entitled to all of the compensation you're entitled to.

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