https//vimeocom/709356322 in Car Accident Litigation If the insurance company is refusing to pay the amount of money you need for your injuries, our persistent lawyers will draft a formal demand letter The letter will list all of your financial damages such as medical expenses, lost wages as well as non-economic damages such as discomfort and pain Then a jury or judge 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 case of a car crash lawsuit, proving liability and negligence is the most important aspect to obtain compensation for your losses and injuries Gathering evidence is among the first steps of the process of litigation, and it involves collecting documents including photographs, witness statements and official reports, such as police reports Photographs of the scene of the accident can aid your lawyer in determining what happened during the collision, including the location of both cars following the collision, skid marks, road debris and other physical evidence Also, keep track of the names and contact information of any eyewitnesses who saw what transpired Having witnesses testify that corroborate your version of what transpired is vital particularly since it can be common for drivers to have contradictory reports of what happened, which causes insurance companies to refuse to accept the claim or deny responsibility altogether Medical records can also be utilized by your lawyer in order to prove the severity of your injury These documents could include bills, receipts and lab results, diagnose reports, discharge guidelines and other records It is important to obtain these records as soon as possible and provide copies to your healthcare professionals Another type of evidence that your attorney may employ is a deposition which is an out-of court testimony delivered under oath, and then transcribed by a court reporter Your lawyer could make use of the testimony to prove that your injuries have a direct and foreseeable connection to the accident, which helps justify requesting compensation for your injuries While the majority of these types of evidence can be obtained at the scene or soon afterward however, some evidence may not be accessible until later in the litigation process This is why it's important to contact a reputable car accident lawyer as soon as possible so that they can begin investigating while vital evidence is still in its most pure form 2 Making a Complaint After the dust has settled, and you've taken care of your injuries, you need to seek legal advice from an expert A lawyer who has handled car accidents can give you the experience to maximize your compensation The first step is filing a complaint with the court The complaint will detail your specific claims and the amount of money you want to recover in damages The document is usually drafted 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 defenses and claims The process can be long and requires both parties to look over a number of documents, including police reports as well as witness statements medical records, invoices and much more Both sides can request interrogatories These are a set of questions that the other side has to answer under oath within a specified time frame In this phase the lawyer will collaborate with doctors to ensure they have a complete understanding of the severity of your injuries as well as the impact they have affected your daily routine Your lawyer will then calculate the total damages you have suffered that include future and past medical expenses loss of earnings, suffering and pain and much more Your lawyer might be able to reach a settlement agreement with the insurance company of the driver who is at fault This is more likely following discovery and prior to trial If the insurance company is unable to provide a fair settlement or if you've sustained significant losses that aren't covered by the insurance policy, the case may move forward to trial A jury or judge will decide the case on the basis of all evidence 3 Discovery Discovery is an essential step in any car accident case This is where your attorney and the negligent insurer of the driver exchange information that could support or damage your claim Your attorney will request documents that can support your case, including medical bills, police reports, work loss records eg an email from your employer indicating how much time you missed work due to the accident photographs of your car and any damages or injuries as well as other financial information Your attorney may also use documents for discovery in writing, such as interrogatories and requests for production to inquire into parties and witnesses who are not present These tools for discovery in writing are circulated back and forth between attorneys on both sides The written discovery tools provide the other side an opportunity to respond to questions in writing that must be sworn to under oath, and to provide copies of other information that may be helpful to you Your Long Island car accident lawyer will also take depositions of people who are witnesses to the collision and any person who has information about your injuries or damages that could be pertinent to your case During a deposition, the lawyer for the person who is at fault will ask you several questions, and your responses will be recorded on video or translated by a court reporter The purpose of these pretrial investigation processes is to assist your lawyer to present an argument that is persuasive and strong to the party at fault and their insurer so that you can secure an adequate and fair settlement for your losses, injuries and expenses Although there is no guarantee that all cases settle but the majority settle during or after the discovery process, which is often be completed before your case is brought to trial 4 Trial Trials are possible in cases where you and the insurance provider disagree on fault or the amount you should be awarded for your injuries A trial is a formal process in which both sides are required to argue their case and provide evidence before the factfinder, who makes an decision on how to resolve the dispute In personal injury cases the factfinder will usually be a jury Your lawyer will present to the jury your account of the events that occurred during the trial This will include any supporting evidence including photos or videos of the accident scene or testimony from witnesses, medical professionals, and documents such as police reports and bills You can also testify regarding your memory of the incident and how it impacted your life Expert witnesses can also testify to back your claims The lawyer representing the defendant can cross-examine witnesses and object to the admissibility of evidence The jury will decide at trial if the plaintiff's injury was caused by the defendant's negligence They will be examining proximate causes, a complicated legal concept that lawyers have to spend many hours studying in law school Proximate cause looks at how close the connection is between the actions of the defendant and the plaintiff's injuries A jury is also required to determine how much damages you will be awarded This is a more complicated matter because it is contingent on the severity of your injuries and the severity of your losses Your lawyer will present evidence which includes expert witness testimony about the severity of your injuries, your lost income, and your future earnings potential and your suffering and pain disfigurement, impairment, and pain 5 Settlement Every state has a time limit by which you can settle your claim or bring a lawsuit This is known as the statutes of limitations If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you could be required to file a vehicle accident lawsuit in court This can be time consuming and expensive, yet it is usually required to seek compensation During this procedure during this process, your Long Island personal injury lawyer will participate in discovery a formal procedure where parties exchange information with the other side and be present at hearings Your lawyer will also file legal documents, referred to as motions to ask the court for certain things, such as the exclusion of certain kinds of evidence in trial Settlement negotiations can go on throughout this process, and a majority of car accident civil disputes end before a trial needs to be held Insurance companies are more likely to make fair settlement offers if they believe your injury claim is solid and that you'll be willing to take the case to trial Additionally, the settlement process is more efficient and less risky than a trial Before you agree to an agreement, it is important to understand the severity of your injuries and completed all medical treatments You may not receive additional compensation if settling the settlement until your physician has determined that you have attained the maximum medical improvement Additionally, you should not sign a release until you've spoken with your lawyer and gained full understanding of your losses Your lawyer will ensure you don't get a poor deal on compensation They will carefully review your medical records and other evidence to make sure that you receive the full amount of damages to which you are entitled