The First Steps in Car Accident Litigation

If the insurance company is refusing to pay you the amount of money you require for your injuries, our tenacious lawyers will draft a formal demand letter. The letter will list all of your economic damages such as medical expenses and lost wages, as also non-economic damages such as pain and discomfort.

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

1. Gathering Evidence

In a lawsuit involving a car accident, proving liability and negligence is key to obtaining compensation for your losses and injuries. The first step in the lawsuit process is to collect evidence. This includes documents, photos, witness testimony, official reports, such as police reports, and other official reports.

Your attorney may be able to establish the circumstances of the accident by taking pictures of the scene, which include skid marks, road debris and other physical evidence. Record the names and phone numbers of any witnesses who witnessed what happened. It is crucial that witnesses who can confirm the events that took place, as it can often happen that drivers give contradictory stories that lead to insurance companies refusing or denying the responsibility.

Other forms of evidence your lawyer might use include medical records, which could include receipts, bills diagnose reports, lab results, discharge instructions and yousticker.com other documentation that demonstrate the severity of your injuries. You should seek these documents as soon as is possible and give copies to your healthcare providers.

A deposition is a different type of evidence your lawyer can make use of. It's an out-of court testimony under oath. It is then transcribed by a Court Reporter. Your lawyer may use the testimony to establish the fact that your injuries had an immediate and clear connection to the crash, which helps justify requesting the compensation you deserve for your damages. Most of the evidence discussed above can be collected at the site of the accident or shortly afterwards, but some may not be available until later in the litigation. It's crucial to speak with an attorney for car accidents with the appropriate credentials immediately to start an investigation while the evidence is in its most pure form.

2. The process of filing a complaint

Once the dust has sunk and you have tended to your injuries, it's time to seek out legal counsel from an expert. A lawyer for car accidents will provide the knowledge and expertise to ensure that you receive maximum compensation for your claim.

The first step is to file a complaint with the court. The complaint will detail your specific claims as well as the amount you want to recover in damages. This document is usually drafted by an attorney and then filed in court. It is also served on the defendant.

This also initiates the discovery phase which allows both sides to exchange information and evidence related to their defenses and claims. The process can be very long and requires both parties to go through a myriad of documents including police reports and witness statements medical records, invoices and much more. Each side is able to request interrogatories. They are a set of questions which the other side must answer under oath in a specified time frame.

During this stage, you lawyer will also work closely with doctors to gather the full picture of your injuries as well as the impact they've had on your life. Your lawyer will determine your total damages. This will include future and past medical expenses, Vimeo.com lost wages, suffering and pain, and much more.

Sometimes, your lawyer might be able to reach a settlement with the at-fault driver's insurance company. This is more likely following discovery and prior to trial. If the insurance company is unwilling to offer an acceptable settlement, or if your losses are significant and are not covered by insurance, you may have to go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is an important phase in any car accident case. It is the point at which your attorney and the negligent insurer for the driver exchange information that could support or hurt your claim. Your attorney will ask for copies of the documents that support your case, including police reports, medical bills and work loss records (e.g. documents from your employer showing the amount of time you were absent from work due to the accident) photos of your vehicle and any damages or injuries as well as other financial information. Your attorney may also use tools for writing discovery, such interrogatories and requests for production to inquire into parties and witnesses who are not present.

These documents are exchanged between attorneys from both sides. Written discovery tools allow the opposing party a chance to respond to questions in writing, which must be answered under oath and to provide copies of other information that may be useful to you.

Your Long Island car blaine accident law firm attorney will also interview witnesses and anyone who has information regarding your injuries or damages which could be essential to your case. In a deposition, the lawyer of the at-fault person will ask you questions and your answers are recorded on video by the court reporter or translated.

These pretrial investigation procedures are designed to assist your lawyer construct a compelling case against the person who is at fault and their insurance company in order to secure an equitable settlement for all your injuries and losses, costs and expenses. While there is no guarantee that every case will settle however, the majority settles in the course of or following the discovery process, which can be completed prior to the time your trial.

4. Trial

While the vast majority of car accident cases are resolved through informal negotiations If you and the insurance company do not agree on who is at fault or the amount you should receive for your injuries, your case may go to trial. A trial is an official process in which both sides present arguments and evidence before an impartial factfinder who takes a decision to resolve the dispute. In personal injury cases the factfinder will usually be a jury.

During the trial your lawyer will be able to explain your story in opening statements to the jury, along with any supporting evidence you may have, such as photos or video of the accident scene, testimony from people who witnessed the accident and medical professionals, and documents such as police reports and medical bills. You can also provide testimony regarding your memories of the incident and how it affected your life. Expert witnesses can also offer evidence to support your claims. The lawyer for the defendant may cross-examine witnesses and object to the admissibility of specific evidence.

The jury will decide during trial whether the plaintiff's harm was the result of the defendant's negligence. They will be looking at the proximate causes, which is a complicated legal concept that law school students spend hours studying. Proximate causes focuses on 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 are entitled to. This is another complicated issue because it is contingent on how severe your injuries are and the severity of your losses. Your lawyer will present evidence, including expert testimony from a witness regarding the severity of your injuries, your lost income and future earnings potential as well as your pain and suffering, disfigurement, and impairment.

5. Settlement

Each state sets a legal deadline, also known as the statute of limitations where you have to settle your claim or make a claim. If your lawyer isn't able to negotiate an acceptable settlement with the insurance company, you might be required to file a vehicle accident lawsuit in the court. It can be lengthy and costly, but it is usually necessary to pursue compensation.

During this procedure the Long Island personal injury lawyer will be involved in discovery (a formal process where parties exchange information with the other side) and also attend hearings. Your attorney will also make legal filings, also known as motions, asking the court to do things like excluding certain kinds of evidence from trial. Settlement negotiations can continue throughout this process. A lot of civil disputes are resolved before trial is required.

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 go to trial. Settlement is faster and less risky compared to a court trial.

Before settling on the settlement, it's important to understand the severity of your injuries and completed all medical treatment. If you sign a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI), you could not be eligible for additional compensation. Also, you should not sign the release until you've met with your lawyer and gained a complete understanding of your damages. Your lawyer will make sure that you don't miss out on valuable compensation. They will review your medical records as well as other documents, to ensure that you receive all the damages for which you qualify.