The First Steps in Car Accident Litigation

Our tenacious lawyers will prepare a formal demand letter if the insurance company refuses to pay the amount you require for your injuries. This will outline all your financial damages, such as medical bills and lost wages, as well as other damages that are not economic, like suffering and pain.

Then, a judge or jury will take a call. If they decide in your favor, they will make you a victim and the defendant is required to pay them.

1. Gathering Evidence

In a lawsuit involving a car accident, proving negligence and liability is the most important aspect to obtain compensation for your injuries and losses. Gathering evidence is one of the first steps in the process of litigation, and it involves gathering documents, photographs, witness testimony as well as official reports like police reports.

Photographs of the scene of the crest hill accident attorney can help your attorney establish what happened during the collision, including the location of both vehicles after impact, skid marks, road debris and other physical evidence. Also, note the names and contact details of any witnesses who witnessed what transpired. It is crucial to have witnesses to verify the events that were actually happening, as it may often happen that drivers will give contradictory statements that result in insurance companies denying or refusing the liability.

Medical records can also be used by your lawyer to establish the severity of your injury. These documents could include receipts, bills, lab results, diagnosis reports, discharge instructions and other documentation. You should get these records as soon as you can and send copies to your healthcare providers.

Another form of evidence your attorney may make use of is a deposition which is an out-of court testimony delivered under oath and transcribed by a court reporter. Your lawyer could use this evidence to prove your injuries have a clear, identifiable connection to the accident. This can be used to justify requesting compensation. The majority of the evidence mentioned above can be gathered at the scene of the crash or shortly after however, some might not be available until later in the litigation. This is why it's crucial to talk to a reputable lawyer in the event of a car accident as soon as possible so that they can begin investigating when the evidence is in its most pure form.

2. Making a complaint

Once the dust has sunk and you've taken care of your injuries, it's time to seek out legal counsel from an expert. An attorney who has handled car accidents can provide the expertise needed to help you get the most 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 of money you'd like to claim in damages. The document is usually written by an attorney, and filed in court. It is also served on the defendant.

This also initiates the discovery phase that allows both sides to exchange information and evidence related to their defenses and claims. The process can take a long duration and both teams will be required to examine a large number of documents like police reports and witness statements. They might also have to examine medical documents as well as bills and other documents. Each side may demand interrogatories. They are a series of questions which the other party must answer under oath within a set deadline.

During this stage, you lawyer will also work closely with doctors to get an accurate picture of your injuries and the impact they've caused on your life. Your lawyer will calculate your total damages. This will include any future medical expenses including lost wages, the pain and suffering of others, and many more.

Sometimes, your lawyer could be able to negotiate a settlement with the at-fault driver's insurance company. This is more likely after discovery and prior to trial. However, if the insurance company refuses to settle the claim in a fair manner or if you've suffered significant losses that aren't covered by the insurance policy, the case could be referred to trial. A jury or judge will make a decision in the case based upon all of the evidence presented.

3. Discovery

Discovery is a crucial phase in any car accident lawsuit the attorney representing you and the insurance company of the negligent driver company exchange information that could aid or hinder your claim. Your attorney will request documents that can support your case, such as medical bills, police reports, work loss records (e.g. the records from your employer which reveals how long you missed work because of the Norwalk accident Lawyer) photos of your vehicle, any damages or injuries and other financial information. Your lawyer will also make use of written discovery tools like interrogatories or requests for production as well as requests for admissions in order to question witnesses and other parties who are not present in the case.

These written discovery tools are distributed back and forth between the attorneys from both sides. They provide the opposing party the opportunity to answer questions in writing, which must be answered under oath, and to supply copies of certain documents or other data that could be useful to your case.

Your Long Island car accident attorney will also depose witnesses as well as any other person with information about your injuries or damages that could be essential to your case. In a deposition, the lawyer for the person who is at fault will ask you various questions, and your answers will be recorded on video or translated by a court reporter.

The goal of these pre-trial investigation procedures is to enable your lawyer to construct an argument that is persuasive and strong to the responsible party and their insurer in order that you can secure an adequate and fair settlement for your injuries, losses and expenses. There is no assurance of a settlement in every case however the majority of cases will settle during or following the investigation process, which usually done prior to trial.

4. Trial

Trials are a possibility in situations when you and the insurance provider disagree on fault or the amount of compensation you should be awarded for your injuries. A trial is a formal hearing that involves both sides presenting arguments and evidence to a factfinder who makes a ruling which settles the dispute. In personal injury cases the factfinder usually a jury.

During the trial your lawyer will be able to give your account of the events in opening statements to the jury, as well as any other evidence that you have, like photos or video of the accident scene, witness testimony from witnesses and medical professionals, as well as documents such as medical bills and police reports. You can also testify regarding your memory of the incident and how it affected your life. Expert witnesses can also give evidence to back up your assertions. The attorney for the defendant can cross-examine witnesses and challenge the admissibility of specific evidence.

At trial, the jury must decide if the plaintiff's injuries were caused by the defendant's negligence. They will consider proximate cause, a complicated legal concept that lawyers spend countless hours studying during law school. Proximate cause looks at 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're entitled to. This is a more complicated matter, as it depends on the severity of your injuries and the extent of your losses. Your lawyer will present your evidence including expert witness testimony on the severity of your injuries, your lost income, and future earnings potential in addition to your pain and suffering disfigurement, impairment, and pain.

5. Settlement

Each state sets a legal deadline, known as the statute of limitations in which you must settle your claim or make a claim. If your lawyer is not successful in negotiating a reasonable settlement with the insurance company, you might need to file a car park city accident lawsuit lawsuit in the court. This could be a lengthy process and expensive, but it is often required to seek compensation.

During this procedure you and your Long Island personal injury lawyer will participate in discovery (a formal process in which parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents, referred to as motions to request the court for specific things such as excluding certain types of evidence in trial. Settlement negotiations can go on throughout this process, and a majority of civil disputes arising from car accidents end before a trial needs to be held.

If they believe that your injury claim is legitimate and you are willing to go to trial the insurance company will offer a fair settlement offer. In addition settlement is quicker and less risky for them than a trial.

It is vital to fully understand the extent of your injuries prior to agreeing to a settlement. You must also have completed all medical treatment. You could be denied additional compensation if settling the settlement before your doctor has determined that you have reached the point of maximum improvement. Also, you should not sign a settlement agreement before you have spoken to your lawyer about your injuries. Your attorney will ensure that you don't get a poor deal on compensation. They will review your medical records and other documentation to ensure that you receive all the damages for which you qualify.