The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount you need to cover your injuries, our tenacious lawyers will draft a formal demand letter. It will detail all the economic losses you have suffered like medical bills and lost wages, as well as non-economic damages, such as pain and suffering.

Then the judge or jury will decide. If they make a decision in your favor you are awarded damages and the defendant must pay them.

1. Gathering Evidence

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

Your lawyer might be able to establish the circumstances of the alexandria accident attorney by taking photos of the scene, which include skid marks and road debris as well as other physical evidence. Also, take note of the names and contact information of any eyewitnesses who saw what occurred. Witnesses who testify to corroborate your version of the events is essential, especially since it can be common for drivers to have conflicting stories of what happened. This causes insurance companies to refuse to accept the claim or deny any responsibility at all.

Other forms of evidence your lawyer may use include medical records, which can include bills, receipts diagnose reports, lab results, discharge instructions and other evidence that proves the severity of your injuries. It is important to obtain these records as soon as you can, and make sure to give copies to your healthcare professionals.

A deposition is a different type of evidence that your attorney might employ. It's an out-of the court testimony that is under oath and later recorded by a Court Reporter. Your lawyer can use the testimony to prove the fact that your injuries had a direct and foreseeable connection to the accident which can help justify the compensation you deserve for your damages. While the majority of the above kinds of evidence can be taken at the scene of the accident or soon afterward however, some evidence may not be accessible until later in the litigation process. This is the reason it's essential to speak with a well-credentialed car accident lawyer as soon as you can so that they can begin an investigation as evidence is in its purest form.

2. Filing a complaint

When the dust has cleared and you've taken care of your injuries, it's the time to seek out legal counsel from an expert. A car accident lawyer can offer you the knowledge to maximize your compensation.

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

The discovery phase starts with both parties able to exchange information regarding 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 require interrogatories. These are a series of questions which the other party must answer under oath by a predetermined timeframe.

Throughout this process the lawyer will work with medical professionals to ensure they have a complete picture of the severity of your injuries as well as the impact they've affected your daily routine. Your attorney will calculate the total damages. This will include any future medical expenses and lost wages, as well as the pain and suffering of others, and many more.

Your lawyer may be able reach a settlement agreement with the insurance company of the driver at fault. This is more likely to happen following discovery, but before trial. However, if the insurance company refuses to offer a fair settlement or if you've sustained substantial damages that aren't covered by the insurance policy, your case may move forward to trial. A judge or jury will decide the case on the basis of all the evidence.

3. Discovery

Discovery is the most crucial step in any car accident lawsuit, where your attorney and the insurance company of the negligent driver company exchange information that could aid or hinder your claim. Your attorney will request copies of the documents that support your case, such as police reports, medical bills and work loss records (e.g. documents from your employer which reveals how much time you missed work due to the Gardner Accident Lawsuit (Vimeo.Com)), photographs of your vehicle as well as any damage or injuries, and other relevant financial information. Your attorney can also make use of documents for discovery in writing, such as interrogatories and requests for production to ask questions of witnesses and parties who are not present.

These documents are exchanged between attorneys from both sides. They give the opposing side an opportunity to reply to questions in writing, which need to be sworn to in oath and to provide copies of certain documents or other information 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 vital to your case. During a deposition, the attorney representing the at-fault party will ask you several questions, and your answers will be recorded on video, or transcribed by a court reporter.

The pretrial investigation process is designed to assist your lawyer create a compelling case against the person who is at fault and their insurer in order to obtain a fair settlement for all of your injuries as well as losses, expenses and costs. Although there is no guarantee that all cases will settle but the majority settle either during or after the discovery process, which may be completed prior to the time your case goes to trial.

4. Trial

Although the 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 are entitled to for your injuries, your case could be heard in a trial. A trial is an official proceeding where both parties argue and present evidence to an impartial factfinder who takes a decision to resolve the dispute. In personal injury cases the factfinder is typically a jury.

During the trial the lawyer will provide your version of the events in your opening statements to the jury, and any supporting evidence you have, including pictures or videos of accident scene, testimony from witnesses and medical professionals, as well as documents such as medical bills and police reports. You may also testify on your personal memories of the incident, and how it impacted your life. Expert witnesses can also testify to back your assertions. The attorney representing the defendant may cross-examine witnesses and challenge the admissibility of certain evidence.

The jury will decide in the trial whether the plaintiff's injury was the result of the defendant's negligent conduct. They will consider proximate cause an intricate legal concept that lawyers will spend many hours studying in law school. Proximate causes considers the degree of connection between the defendant's actions and the plaintiff's injuries.

A jury must also determine the amount of damages you are entitled to. This is another complicated issue, as it depends on the severity of your injuries and the severity of your losses. Your lawyer will present evidence that includes expert testimony about the severity of your injuries loss of income, future earning potential, in addition to your suffering and impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations where you have to settle your claim or file a lawsuit. If your lawyer is unable to negotiate a settlement with your insurer, you might have to start a lawsuit in the courtroom. It can be lengthy and costly, however it is usually necessary to pursue compensation.

During this procedure the Long Island personal injury lawyer will be involved in discovery (a formal process in which each party exchanges information with the other side) and attend hearings. Your lawyer will also file legal documents referred to as motions to request the court for things like not allowing certain types of evidence in trial. Settlement negotiations can continue throughout the process, and a lot of civil disputes arising from car accidents end before a trial can be held.

If they believe your injury claim is solid and you are willing to go to trial insurance companies will make an honest settlement offer. The settlement process is also quicker and less risky than the court trial.

Before agreeing to an agreement, it is crucial to fully comprehend the extent of your injuries and have completed all medical treatment. If you agree to a settlement before your doctor determines that you have reached maximum medical improvement (MMI) it is possible to not receive additional compensation. You should also not sign the release until you've met with your lawyer and have an understanding of all losses. Your lawyer will make sure that you don't lose out on a substantial amount of compensation. They will review your medical records, and other documentation to ensure that you are entitled to all of the damages you are entitled to.