The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount of money you require for your injuries, our determined attorneys will prepare an official demand letter. The letter will list all of your financial losses such as medical expenses and lost wages as in addition to non-economic damages like pain and discomfort.

A judge or jury will then make a decision. If they rule in your favor they will give you damages and the defendant must pay them.

1. Gathering Evidence

In a lawsuit involving an automobile accident the proof of negligence is essential in obtaining compensation for your injuries. Gathering evidence is among the first steps in the litigation process, and it involves collecting documents, photographs, witness testimony as well as official reports like police reports.

Your attorney might be able to establish what happened in the incident by taking photographs of the scene, which include skid marks road debris, skid marks and other physical evidence. Also, keep track of the names and contact information of any witnesses who were present at the incident. It is important to have witnesses to verify the events that took place, as it can often be the case that drivers offer contradictory information that can lead to insurance companies refusing or denying responsibility.

Other evidence forms your lawyer may use include medical records, which may include receipts, bills and diagnosis reports, laboratory results, discharge instructions and other documents that show the severity of your injuries. It is important to obtain these records as quickly as you can, and also provide copies to your healthcare providers.

Another form of evidence that your attorney might make use of is a deposition which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. Your lawyer may make use of the testimony to prove that your injuries have a direct and foreseeable connection to the crash which can help justify compensation for your damages. Most of the evidence mentioned above can be gathered at the site of the accident or within a short time however, some might not be available until later in the litigation. This is the reason it's essential to speak with a well-credentialed lawyer in the event of a car bangor accident lawsuit as soon as you can so that they can begin an investigation while the crucial evidence is in its most pure form.

2. Filing a Complaint

When the dust has cleared and you have tended to your injuries, it's time to seek professional legal advice. A lawyer for car accidents can provide the expertise needed to ensure that you receive maximum compensation for your claim.

The first step is to file an application with the court. It will describe your specific claims and the amount you'd like to claim in damages. This document is typically drafted by your attorney and filed with the court, and then served to the defendant.

The discovery phase begins and allows both parties to exchange information about their defenses and claims. The process can be lengthy and requires both sides to go through a myriad of documents including police reports as well as witness statements medical records, bills and more. Each side may demand interrogatories. They are a set of questions which the other party must answer under oath within a specified time frame.

Throughout this stage the lawyer will collaborate with medical professionals to ensure they have a complete understanding of the severity of your injuries and the impact they have affected your daily routine. Your attorney will calculate the total damages you have suffered including the future and past medical expenses, lost earnings, suffering and pain, and more.

Sometimes, your lawyer might be able to negotiate an agreement with the responsible driver's insurance company. It is likely to occur following the conclusion of discovery, but before trial. If the insurance company does not agree to an acceptable settlement, or if the damages are significant and are not covered by insurance, then you may be required to appear in court. A jury or judge will make a final decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is the most crucial step in any lawsuit involving a car brandon accident lawyer the attorney representing you and the negligent driver's insurance company exchange information that may aid or hinder your claim. Your attorney will ask for copies of documents that support your case, including police reports, medical bills as well as work loss records (e.g. an email from your employer which reveals the amount of time you were absent from work because of the accident), photographs of your car and any damage or injuries and other financial information. Your attorney may also use documents for discovery in writing, such as interrogatories and requests for production to question witnesses and witnesses who are not present.

The written discovery tools are exchanged back and forth between attorneys for Vimeo both sides. They provide the opposing party the chance to respond to questions in writing, that must 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 question witnesses and anyone with information about your injuries or damages that could be vital to your case. During a deposition, your lawyer representing the person at fault will ask you questions and your responses will be recorded on video by a court reporter or transcribing.

The goal of these pretrial investigation processes is to enable your lawyer to present an argument that is persuasive and strong to the at-fault party and their insurance company so that you can receive a fair and complete settlement for your losses, injuries and expenses. Although there is no guarantee that every case will settle however, the majority of cases settle at the end of or following the discovery process, which may be completed before the case reaches trial.

4. Trial

While the vast 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 the amount of compensation you should receive for your injuries, Vimeo your case may go to trial. A trial is a formal procedure where both sides submit arguments and evidence to a factfinder, who makes a ruling that settles the issue. In personal injury cases, the factfinder is usually a jury.

During the trial, your lawyer will provide your version of the events in your opening statements to the jury as well as any other evidence that you have, like pictures or videos of accident scene, testimony from bystanders and medical professionals, and documents like medical bills and police reports. You may also offer your testimony regarding your memories of the incident and how it impacted your life. Expert witnesses can also give evidence to support your assertions. The lawyer of the defendant may cross-examine witnesses and object to the admissibility of certain evidence.

In a trial, the jury will decide whether the plaintiff's injuries were caused by the defendant's negligence. They will look at the proximate causality, a nebulous legal concept that law students will spend hours studying. Proximate cause considers the relationship between the actions of the defendant and the plaintiff's injuries.

A jury is also required to determine the amount of damages you are entitled to. This is a more complicated matter depending on the severity of your injuries and the extent of your losses. Your attorney will provide evidence including expert testimony regarding the severity of your injuries as well as lost income and future earning potential, as well as 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 make a claim. If your lawyer is not capable of negotiating a fair settlement with the insurance company, you might be required to file a vehicle accident lawsuit in the court. It can be expensive and time-consuming, but this is often necessary to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will be present at hearings and participate in discovery (a formal procedure where both sides exchange information with the other). Your lawyer will also make legal filings, also known as motions, requesting the court to do things like exclude certain types of evidence from trial. Settlement negotiations can continue throughout this process. A lot of car accident civil disputes are resolved before a trial is needed.

If they feel that your injury claim is solid and you are willing to go to trial Insurance companies will offer a fair settlement offer. Settlement is faster and less risky compared to an in-court trial.

Before settling on an agreement, it's important to understand the extent of your injuries and that you have completed all medical treatment. If you accept a settlement before your doctor determines that you have reached maximum medical improvement (MMI), you could miss out on additional compensation. Don't sign a contract before you have consulted with your lawyer about your injuries. 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 documents to ensure that you are entitled to all the damages you are entitled to.