The First Steps in Car Accident Litigation      Our tenacious lawyers will prepare a formal letter of demand if the insurance company refuses to provide you with the amount you're entitled to for your injuries. It will detail all your financial losses like medical bills and lost wages, as well as other damages that are not economic, like suffering and pain.      Then a judge or jury will decide. If they decide in your favor they will be able to award you damages, and the defendant must pay them.      1. Gathering Evidence      In a lawsuit for a car accident, proving the negligence and liability is the most important aspect to obtain compensation for your injuries and losses. Collecting evidence is one the first steps of the litigation process. 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 vehicles after collision, skid marks, road debris and other physical evidence. Also, keep track of the names and contact information of any witnesses who witnessed what happened. Witnesses who testify that confirm your version of events is important as it could be common for drivers to give contradicting versions of what transpired, which results in insurance companies refusing to accept the claim or even denying responsibility completely.      Other types of evidence your lawyer could utilize include medical records, which may include receipts, bills, diagnosis reports, lab results, discharge instructions and other documentation that demonstrate the extent of your injuries. You should seek these records as soon as you can and be sure to give copies to your medical professionals.      Another form of evidence your lawyer could use is a deposition, which is a non-court-issued testimony that is given under oath, and then transcribed by a court reporter. Your lawyer may utilize the testimony to prove that your injuries had an immediate and obvious connection to the crash and, therefore, can justify the need for compensation for your injuries. While most of the above-mentioned types of evidence can be collected at the scene of the accident compensation or soon afterward but some of the evidence might not be accessible until later in the litigation process. This is the reason it's essential to consult a highly-credentialed lawyer for car accidents as soon as you can, so they can begin an investigation when the evidence is in its most pure form.      2. Filing a Complaint      After the dust has cleared and you've taken care of your injuries, seek legal advice from an experienced. A car Accident Compensation Claims attorney will be able to provide the expert advice you require to ensure that you receive maximum compensation for your claim.      The first step is to file a complaint with court, which details the specific claims you are making and the amount you're seeking in damages. This type of document is typically drafted by an attorney, and filed in court. It is also given to the defendant.      This also triggers the discovery phase which allows both parties to exchange information and evidence pertaining to their defenses and claims. The process can take a long time and both teams may be required to examine a large number of documents like police reports and witness statements. They might also need to review medical documents as well as bills and other documents. Each side may request interrogatories. These are a set of questions that the other side has to answer under oath in an agreed upon timeframe.      In this stage your lawyer will work with doctors to ensure that they have a complete picture of the seriousness of your injuries and the impact they've had on your daily life. Your lawyer will then calculate the total damages you have suffered, which will include past and future medical expenses and lost earnings, as well as suffering and pain and much more.      Sometimes, your lawyer could 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, but before trial. If the insurance company is unable to provide a fair settlement or if you've suffered substantial damages that aren't covered by the insurance policy, the case may go to trial. A jury or judge will make a decision in the case based on all the evidence presented.      3. Discovery      Discovery is a crucial phase in any car accident case. This is when your attorney and the negligent insurance company of the driver exchange information that could support or damage your claim. Your attorney will seek copies of all documents that support your case. These include police reports as well as medical bills and work loss records from your employer (showing the length of time you've missed because of the accident law firm) photos of your vehicle and any damages or injuries as well as other financial data. Your attorney can also make use of written discovery tools such as interrogatories and requests for production to ask questions of witnesses and witnesses who are not present.      The written discovery tools are circulated back and forth between the attorneys for both sides. They provide the opposing party an opportunity to reply to questions in writing, which have to be answered under oath, and to supply copies of certain documents or other information that could be useful to your case.      Your Long Island car accident attorney will also depose witnesses and any other person with information about the damages or injuries you sustained that could be essential to your case. During a deposition attorney representing the at-fault party will ask you various questions, and your answers will be recorded on video, or transcribed by a court reporter.      These pre-trial investigation procedures are designed to help your lawyer create a compelling case against the responsible party and their insurer in order to negotiate a fair settlement for all of your injuries as well as losses, expenses and costs. While there is no guarantee that all cases will settle however, the majority settles at the end of or following the discovery process, which is often be completed prior to the time your case is brought to trial.      4. Trial      The majority of car accident attorneys cases settle through negotiations outside of court however, if you and your insurance company are not in agreement about who is to blame or the amount you should receive for your injuries, your case could go to trial. A trial is a formal procedure where both sides present arguments and evidence to a factfinder, who renders a verdict which settles 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 opening statements to the jury and any supporting evidence you have, including pictures or videos of accident lawsuits scene, witness testimony from bystanders and medical professionals, and documents like medical bills and police reports. You may also testify about your memories of the incident, and how it impacted your life. Expert witnesses can also testify to support your claims. The lawyer for the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.      The jury will determine at trial whether the plaintiff's injuries was caused by the defendant's negligent conduct. They will be looking at proximate causes, a complex legal concept that law students have to spend hours studying. Proximate cause examines 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're entitled to. It is also a complicated issue because it depends on the degree of your injuries and the amount to which you've suffered. Your attorney will present evidence, including expert testimony, about the severity of your injuries as well as lost income and future earning potential, in addition to your pain and suffering and impairment.      5. Settlement      Each state has a specific legal deadline, known as the statute of limitations that you must meet to settle your claim or start a lawsuit. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, then you might be required to file a vehicle accident compensation lawsuit in court. It is costly and time-consuming, but it is often necessary to get compensation.      During the discovery process, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a process formal where each side exchanges information with one another). Your lawyer will also file legal documents referred to as motions to ask the court for things like not allowing certain types of evidence in trial. Settlement negotiations can be ongoing throughout the process, and most car accident civil disputes end before a trial needs to be held.      If they believe your injury claim is solid and you are willing to go to trial, insurance companies will make a fair settlement offer. Additionally the settlement process is more efficient and less risky than a trial.      Before settling on an agreement, it's essential to be aware of the extent of your injuries and completed all medical treatments. If you accept a settlement before your doctor has determined you have reached maximum medical improvement (MMI), accident Compensation claims you could not receive additional compensation. Don't sign an agreement until you have talked to your lawyer and gained an accurate understanding of your losses. Your attorney will ensure that you do not miss out on valuable compensation. They will scrutinize your medical records and other documentation, to ensure that you receive all damages you are entitled to.