The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you need for your injuries, our hard-working lawyers will draft a formal demand letter. The letter will list all of your economic losses such as medical expenses, lost wages as well as non-economic damages like pain and discomfort.

A jury or judge will then take a call. If they decide in your favor you will be awarded damages and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving negligence is crucial in obtaining compensation for your injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports, including police reports and other official reports.

Photographs of the scene of the dana point accident Lawyer may aid your lawyer in determining what actually transpired in the collision, including the positions of both cars following the impact, skid marks, road debris and other evidence that is physical. Take down the names and contact numbers of any eyewitnesses that witnessed what transpired. It is crucial to have witnesses confirm the events took place, since it can often happen that drivers give contradictory information that can lead to insurance companies refusing to accept or deny the responsibility.

Other evidence forms your lawyer could use include medical records, which may include receipts, bills diagnose reports, lab results, discharge instructions, and other evidence that demonstrates the extent of your injuries. You should get these records as soon as you can and ensure that you send copies to your healthcare professionals.

Depositions are another form of evidence your lawyer might employ. This is an out-of court testimony under oath, which is then translated by a court reporter. Your lawyer may use the testimony to establish that your injuries have had a direct and foreseeable connection to the crash and, therefore, can justify the need for compensation for your injuries. The majority of the evidence listed above can be gathered at the site of the crash or shortly after however some evidence may not be available until much later in the legal process. This is the reason it's essential to talk to a reputable car accident lawyer as soon as possible, so that they can begin investigating as evidence is in its most pure form.

2. Making a Complaint

After the dust has settled and you've taken care of your injuries, you should seek legal advice from an experienced. An attorney who has handled car accidents will provide the knowledge and expertise to ensure you receive the maximum compensation for your claim.

The first step is filing a complaint with the court. This document will outline your specific claims as well as the amount you want to recover in damages. This document is usually drafted by an attorney, and filed in the court. It is also given to the defendant.

This also begins the discovery phase, which allows both sides to exchange information and evidence related to their defenses and claims. The process can be lengthy and requires both teams to examine a variety of documents, including police reports witnesses' statements, police reports medical records, bills and much more. Each side may request interrogatories. They are a set of questions which the other side must answer under oath in an agreed upon timeframe.

In this stage, your lawyer will also work with doctors to ensure that they have a complete picture of the severity of your injuries and the impact they've affected your daily routine. Your lawyer will estimate your total damages. This will include any future medical expenses including lost wages, pain and suffering and more.

Sometimes, your lawyer may be able to reach an agreement with the responsible driver's insurance company. This is likely to take place after the completion of discovery and before trial. If the insurance company doesn't agree to a fair settlement, or if the damages are important and not covered by insurance, then you could have to go to trial. A jury or judge will make a decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. This is where your attorney and negligent insurer for the driver exchange information that could help or undermine your claim. Your attorney will request copies of the documents to support your claim. These documents include police reports, medical bills and work loss documents from your employer (showing how much time you've missed because of the accident) photographs of your vehicle and any damages or injuries, and other financial information. Your attorney will also use written discovery tools, such as interrogatories request for production, interrogatories and requests for admissions to interview witnesses and other parties that are not present in the case.

These tools for writing discovery are exchanged between attorneys on both sides. They give the opposing party a chance to respond to questions in writing, which need to be answered under oath and to supply copies of specific documents or other information that could be useful to your case.

Your Long Island car morrilton accident attorney attorney will also question witnesses and anyone with information about your injuries or damages which could be important to your case. In a deposition, the at-fault party's lawyer will ask you a series of questions, and your answers will be recorded on video or transcribing by a court reporter.

The purpose of these pretrial investigation processes is to help 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 injuries, losses and expenses. While there is no guarantee that all cases settle but the majority settle at the end of or following the discovery process, which is often be completed prior to the time your trial.

4. Trial

Although the majority of car accidents settle through out-of-court negotiations, if you and the insurance company are not in agreement about who is to blame or the amount you should receive for your injuries, your case may be heard in a trial. A trial is a formal hearing where both sides submit arguments and evidence to a factfinder, who makes a ruling that settles the dispute. In personal injury cases the factfinder is usually a jury.

Your lawyer will present to the jury your account of the events during the trial. This will include any supporting evidence including photos or videos of the scene or testimony from witnesses, medical professionals, as well as documents such police reports and bills. You may also offer your testimony regarding your memories of the incident and how it changed your life. Expert witnesses will also provide evidence to back up your assertions. The attorney for the defendant can cross-examine witnesses, and argue against the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's injuries was caused by the defendant's negligent behavior. They will look at proximate cause an intricate legal concept that lawyers spend many hours studying during law school. Proximate causes analyzes 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 is contingent on the severity of your injuries as well as the amount to which you've suffered. Your attorney will present your evidence that includes expert witness testimony about the severity of your injuries, your loss of income, and your future earnings potential and your suffering and pain as well as impairment, disfigurement and.

5. Settlement

Each state has a deadline that you must meet to settle your claim or bring a lawsuit. This is referred to as the statutes of limitations. If your lawyer isn't capable of negotiating a fair settlement with the insurance company, you may have to file a car accident lawsuit in court. It can be time-consuming and expensive, but it is usually required to seek compensation.

During the process of discovery, your Long Island personal injuries lawyer will attend hearings as well as participate in discovery (a formal process where both sides exchange information with the other). Your lawyer will also prepare legal documents, also known as motions, which ask the court to do things like excluding certain types of evidence from trial. Settlement negotiations may continue throughout this process. A lot of car accident civil disputes are resolved prior to a trial.

If they believe that your injury claim is solid and that you are willing to go to trial insurance companies will make an acceptable settlement offer. Additionally, the settlement process is more efficient and less risky for them than a trial.

It is vital to understand your injuries prior to committing to an agreement. You should also have completed all medical treatment. If you accept a settlement before your doctor has determined you have reached maximum medical improvement (MMI), you could not be eligible for additional compensation. Additionally, you should not sign a release until you've talked to your lawyer and had an understanding of all losses. Your lawyer will make sure that you do not get a poor deal on compensation. They will look over your medical records as well as other documents, to ensure that you are entitled to all of the damages for which you qualify.