The First Steps in Car Accident Litigation

If the insurance company refuses to give you the amount of money you need for your injuries, our persistent lawyers will draft an official demand letter. This will list all your financial losses like medical bills and lost wages, and other damages that are not economic, like suffering and pain.

A jury or judge 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 involving a car accident it is essential to prove negligence to receive compensation for your injuries. The gathering of evidence is one of the first steps of the process of litigation, and it requires gathering documents including photographs, witness statements and official reports, such as police reports.

Your attorney might be able to determine the circumstances of the accident law firm by taking pictures of the scene, which include skid marks and road debris as well as other physical evidence. Also, note the names and contact information of any eyewitnesses who saw what transpired. Witnesses who testify to corroborate your account of what transpired is vital, especially 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 even denying responsibility altogether.

Other types of evidence your lawyer might use include medical records, which can include receipts, bills and diagnosis reports, laboratory results, discharge instructions, and other documentation that demonstrate the extent of your injuries. It is important to obtain these records as soon as you can and send copies to your healthcare providers.

Another form of evidence your attorney may utilize is a deposition, which is a non-court-issued testimony that is given under oath that is then transcribing by a court reporter. The lawyer can use this evidence to prove your injuries had an obvious, predicable connection to the accident. This will help justify the need for compensation. While most of the above-mentioned kinds of evidence can be collected at the scene of the accident or within a short time after, some of them may not be accessible until later in the litigation process. It's important to contact an attorney in the case of a car crash with the appropriate credentials as soon as you can to start 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, you need to seek legal guidance from an expert. A lawyer who has handled car accidents 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 you are seeking in damages. The document is usually written by an attorney and filed in court. It is also given to the defendant.

It also kicks off the discovery phase which allows both parties to exchange information and evidence that is related to their claims and defenses. The process can take a long time, and both teams will have to look over a variety of documents, including police records and witness statements. They may also have to examine medical records, bills, and other documents. Each side can demand interrogatories. They are a set of questions which the other party must answer under oath, within a specific time frame.

In this phase, your lawyer will also work closely with doctors to get an accurate picture of your injuries and the impact that they've affected your life. Your lawyer will calculate the total damages. This will include any future medical expenses including lost wages, pain and suffering and more.

Your lawyer might be able to negotiate a settlement with the insurance company of the driver at fault. This is more likely to happen following discovery, but before trial. If the insurance company is unwilling to offer an acceptable settlement, or if your damages are significant and not covered by insurance, then you may be required to appear in court. A judge or jury will decide on the case based upon all of the evidence presented.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car accident where your lawyer and the negligent driver's insurance company exchange information that could help or hurt your claim. Your attorney will ask for copies of the documents supporting your case, such as 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, any injuries or damage, and other relevant financial information. Your attorney may also use written discovery tools, such as interrogatories and requests for production to inquire into witnesses and witnesses who are not present.

These written discovery tools are exchanged between attorneys from both sides. They give the opposing side a chance to respond to questions in writing, which have to be sworn to under oath, and to supply copies of certain documents and other information that could be useful to your case.

Your Long Island car accident attorney will also question witnesses and anyone who has information about the damages or injuries you sustained that could be essential to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your answers will be recorded on video by a court reporter or transcribing.

These pre-trial investigation procedures are designed to help your lawyer build a compelling case against the at-fault person and their insurer in order to obtain a fair settlement for all of your damages, expenses and losses. There is no assurance of a settlement in every case, but most do so after or during the investigation process, which usually completed prior to the trial.

4. Trial

While the vast majority of car accident cases are settled through informal negotiations however, if you and your insurance company aren't in agreement on the cause or Vimeo.Com the amount you are entitled to for your injuries, your case could go to trial. A trial is a formal proceeding where both sides submit arguments and evidence to a factfinder who makes a ruling that settles the issue. In personal injury cases the factfinder usually a jury.

During the trial your lawyer will be able to present your version of events in opening statements to the jury as well as any other evidence you may have, such as pictures or videos of accident scene, testimony from bystanders and mspeech.kr medical professionals, and documents such as medical bills and police reports. You can also offer testimony regarding your memory of the incident and how it impacted your life. Expert witnesses will also provide evidence to support your claims. The lawyer for the defendant may interrogate witnesses and contest the admissibility of certain evidence.

The jury will decide during trial whether the plaintiff's injuries was caused by the defendant's negligent behavior. They will examine proximate causes, a complex legal concept that law students have to spend hours studying. Proximate causes examines the degree of connection between the defendant's actions and the plaintiff’s injuries.

A jury is also required to decide how much compensation you will be awarded. This is a complicated issue due to how severe your injuries are and the severity of your losses. Your lawyer will present your evidence that includes expert witness testimony regarding the severity of your injuries, the loss of income, and future earnings potential and your pain and suffering, disfigurement, and impairment.

5. Settlement

Every state has a time limit by which you can settle your claim or file a lawsuit. This is referred to as the statutes of limitations. If your lawyer is unable to negotiate a settlement with your insurance company, you may be required to file a lawsuit in court. It can be costly and time-consuming, however it is often necessary to seek compensation.

During this procedure, your Long Island personal injury lawyer will participate in discovery (a formal process where parties exchange information with the other side) and attend hearings. Your lawyer will also file legal documents called motions to ask the court for specific things such as not allowing certain types of evidence in trial. Settlement negotiations can go on throughout the entire process, and a lot of civil disputes arising out of car accidents will 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 will be willing to go to trial. Settlements are quicker and less risky than a court trial.

Before settling on a settlement, it is important to understand the extent of your injuries. You must also have completed all medical treatments. If you settle prior to your doctor determining that you have reached the maximum medical improvement (MMI) and you are not able to miss out on additional compensation. Additionally, you should not sign a release until you've talked to your lawyer and have an accurate understanding of your losses. Your lawyer will make sure that you don't miss out on a significant amount of compensation. They will review your medical records, as well as other documentation to ensure that you are entitled to all of the damages for which you qualify.