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 persistent attorneys will prepare an official demand letter. This letter will provide a detailed description of your economic damages such as medical costs and lost wages as also non-economic damages like discomfort and pain.

A judge or jury will then take a call. If they make a decision to your advantage, you are awarded damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit that involves an accident in the car it is essential to prove negligence to obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes documents, photos, witness testimony, official reports such as police reports, and other official reports.

Your attorney might be able to determine the circumstances of the incident by taking photographs of the scene, which include skid marks, road debris and other physical evidence. Also, note the names and contact information of any eyewitnesses who witnessed the incident. It is important to have witnesses who can confirm the events that took place, as it can often be the case that drivers give contradictory accounts that lead to insurance companies denying or refusing the liability.

Medical records can also be utilized by your lawyer to establish the extent of your injury. They could include receipts, bills as well as lab results, diagnosis reports, discharge instructions, and other documents. You should get these records as soon as you can and send copies to your healthcare professionals.

Another type of evidence that your attorney may use is a deposition, which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. Your lawyer could use the testimony to prove the fact that your injuries had an immediate and obvious connection to the crash and can be used to justify the compensation you deserve for your damages. While the majority of these kinds of evidence can be taken at the scene of the accident or shortly afterward, some of it might not be available until later in the litigation process. This is why it's vital to speak with a well-credentialed lawyer in the event of a car lake city accident law firm as soon as you can so that they can begin investigating while the crucial evidence is in its most pure form.

2. Filing a Complaint

After the dust has settled and you've taken care of your injuries, you should seek legal advice from an experienced. A lawyer for car accidents can give you the experience to maximize your compensation.

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

The discovery phase starts with both parties able to exchange information about their claims and defenses. The process can take a long time and requires both teams to go through a myriad of documents including police reports, witness statements medical records, invoices and more. Each side can request interrogatories. These are a set of questions which the other side has to answer under oath in an agreed upon timeframe.

In this phase, your lawyer will also collaborate with medical professionals to obtain the full picture of your injuries as well as the impact that they've had on your life. Your lawyer will then calculate the total damages you have suffered including the future and past medical expenses as well as lost earnings, suffering and pain and much more.

Sometimes, your lawyer may be able to negotiate an agreement with the responsible driver's insurance company. This is more likely after discovery and prior to trial. If the insurance company doesn't agree to an acceptable settlement, or if the damages are important and not covered by insurance, then you might be required to appear in court. A jury or judge will make a final decision in the case based on the evidence presented.

3. Discovery

Discovery is an important phase in any car accident case. This is the time when your attorney and negligent insurer for the driver share information that could either support or hurt your claim. Your attorney will request copies of the documents that support your case, including medical bills, police reports, work loss records (e.g. an email from your employer which reveals how much time you missed work because of the accident) photographs of your vehicle as well as any damage or injuries and other financial information. Your lawyer will also make use of written discovery tools such as interrogatories request for production, interrogatories and requests for admissions to question witnesses and other parties who are not present in the case.

These tools for discovery are shared between attorneys on both sides. The tools for writing discovery give the opposing side a chance to respond to questions in writing that need to be answered under oath. They also ask you to provide copies of other information which could be useful to you.

Your Long Island car maplewood accident law firm attorney will also depose witnesses as well as anyone with information about the damages or injuries you sustained that could be crucial to your case. During a deposition, the lawyer for the person who is at fault will ask you various questions, and your responses will be recorded on video or transcribing by a court reporter.

These pre-trial investigation procedures are designed to help your lawyer construct a compelling case against the person who is at fault and their insurer to obtain an equitable settlement for all of your damages and losses, costs and expenses. Although there is no guarantee that every case will settle but the majority settle at the end of or following the discovery process, which can often be completed prior to the time your case goes to trial.

4. Trial

Although the majority of car accident cases are resolved through informal negotiations, if you and the insurance company aren't in agreement on the cause or the amount you should receive for your injuries, the case may go to trial. A trial is an official process in which both parties present their arguments and evidence to a factfinder who makes an announcement to settle the dispute. In personal injury cases, the factfinder is usually a jury.

Your lawyer will present to the jury your version of what happened during the trial. This will include any evidence supporting it, such as photos or videos of the scene, testimony from witnesses and medical professionals, documents like police reports and bills. You may also offer your testimony regarding your memories of the incident and how it affected your life. Expert witnesses will also provide evidence to support your assertions. The lawyer for the defendant may cross-examine witnesses, and argue against the admissibility of specific evidence.

The jury will decide during trial whether the plaintiff's injuries was caused by the defendant's negligent behavior. They will examine proximate cause which is a complex legal concept that lawyers will spend many hours studying during law school. Proximate causes considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury must also 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 lawyer will present evidence, including expert testimony, about the severity of injuries, lost income and future earning potential, in addition to your pain and suffering as well as impairment.

5. Settlement

Every state has a time limit by which you can settle your claim, or even file an action. This is referred to as the statute of limitations. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, then you might need to file a car accident lawsuit in the court. This can be time consuming and costly, but it is usually required to seek compensation.

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 attend hearings. Your lawyer will also file legal documents known as motions asking the court for things like excluding certain types of evidence during trial. Settlement negotiations can continue throughout the entire process, and most civil disputes arising from car accidents end before a trial can be held.

Insurance companies are more likely to make fair settlement offers if they believe that your injury claim is legitimate and that you are willing to go to trial. Additionally the settlement process is faster and less risky than a trial.

It is vital to fully understand the extent of your injuries prior to agreeing to a settlement. You should also have completed all medical treatment. If you accept a settlement before your doctor determines that you have reached your maximum medical improvement (MMI), you could miss out on additional compensation. Additionally, you should not sign an agreement until you have had a conversation with your lawyer and had full understanding of your losses. Your attorney will ensure that you do not be denied compensation that is valuable. They will review your medical records, and other documentation to ensure that you receive all the damages for which you qualify.