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 an official demand letter. This will outline all your financial damages such as medical bills and lost wages, and non-economic damages like suffering and pain.

Then, a judge or jury will take a call. If they rule in your favor, they will make you a victim and the defendant has to 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. Gathering evidence is one of the initial steps in the litigation process. it involves collecting documents witnesses' testimony, photographs as well as official reports such as police reports.

Photographs of the scene of the accident might assist your attorney in determining what actually transpired during the accident, including the position of both vehicles after impact, skid marks road debris and other physical evidence. Also, take note of the names and contact details of any witnesses who witnessed what occurred. It is important to have witnesses to verify the events that took place, as it can often happen that drivers give contradictory information that can lead to insurance companies refusing to accept or deny the responsibility.

Medical records can also be used by your lawyer to demonstrate the severity of your injuries. They could include bills, receipts, lab results, diagnosis reports, discharge guidelines and other records. It is important to obtain these documents as soon as you can and send copies to your healthcare providers.

Another type of evidence your attorney could use is a deposition, which is out-of-court testimony given under oath, and then transcribed by a court reporter. The lawyer can use the testimony to prove that your injuries had an immediate and obvious connection to the accident and can be used to justify compensation for your damages. While the majority of the above types of evidence are gathered at the Colorado Accident Law Firm scene or soon afterward, some of them may not be available until later in the litigation process. It's important to contact a car accident lawyer with the appropriate credentials as soon as you can so they can begin an investigation while the evidence is in its most pure form.

2. Making a Complaint

After the dust has settled, and you've taken care of your injuries, it's best to seek legal advice from an experienced. A lawyer who has handled car accidents can provide you with the expertise to maximize your compensation.

The first step is to file a complaint in the court, describing the specific claims that you have filed and the amount of money you are seeking in damages. The complaint is typically written by your lawyer and filed with the court and served on the defendant.

The discovery phase starts and allows both parties to exchange information about their defenses and claims. The process can take a long time and both teams will need to review a lot of documents, including police records and witness statements. They might also have to examine medical documents as well as bills and other documents. Each side is able to request interrogatories. These are a series questions which the other side must answer under oath in the timeframe specified.

Throughout this process the lawyer will collaborate with doctors to ensure they have a complete picture of the severity of your injuries as well as the impact they have affected your daily routine. Your attorney will then calculate your total damages that will include past and future medical expenses loss of earnings, pain and suffering and much more.

Your lawyer may be able reach a settlement deal with the insurance company of the driver at fault. It is likely to occur following the conclusion of discovery and prior to trial. If the insurance company does not agree to a fair settlement or if the damages are significant and not covered by insurance, then you might be required to appear in court. A jury or judge will make a decision in the case based on all the evidence presented.

3. Discovery

Discovery is an essential step in any car accident case. This is the time when your attorney and the negligent insurer for the driver exchange information that could help or damage your claim. Your attorney will request copies of the documents that support your case, such as police reports, medical bills or work-related loss records (e.g. an email from your employer showing how much time you missed work due to the accident) photographs of your car and any injuries or damages and other financial information. Your attorney may also employ written discovery tools such as interrogatories, requests for production and requests for admissions to interview witnesses and other parties who aren't present in the case.

These written discovery tools are circulated back and forth between attorneys of both sides. The tools for writing discovery give the opposing party a chance to answer questions in writing, which must be answered under oath. It also allows you to provide copies of other information that could be helpful to you.

Your Long Island car accident lawyer will also depose people who are witnesses to the gladewater accident law firm as well as anyone who has information about your injuries or damages that could be important to your case. During a deposition the lawyer representing the at-fault party will ask you questions and your responses will be recorded on video by the court reporter or translated.

The goal of these pretrial investigation processes is to allow your lawyer to build an effective and convincing argument to the responsible party and their insurance company so that you can receive an equitable and fair settlement for your losses, injuries and expenses. While there is no guarantee that all cases will settle however, the majority of cases settle at the end of or following the discovery process, which can be completed before the case reaches trial.

4. Trial

Trials are possible where you and the insurance company disagree on the source of your fault or the amount of compensation you should be awarded for your injuries. A trial is an official proceeding in which 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 present your version of events in your opening statements to the jury along with any supporting evidence you have, such as images or videos of the accident scene, testimony from witnesses and medical professionals, as well as documents like police reports and medical bills. You can also provide testimony regarding your memory of the incident and how it has changed your life. Expert witnesses can also provide testimony to support your assertions. The attorney for the defendant can interrogate witnesses and contest the admissibility of specific evidence.

The jury will decide in the trial whether the plaintiff's injury was caused by the defendant's negligent behavior. They will be looking at the proximate causality, a nebulous legal concept that law students have to spend hours studying. Proximate cause examines how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine the amount of damages you will be awarded. This is a thorny issue because it is contingent on how severe your injuries are and the extent of your losses. Your lawyer will provide evidence, including expert testimony, about the severity of injuries that resulted in loss of income and earning potential, in addition to your pain and suffering and impairment.

5. Settlement

Every state has a time limit that you must meet to settle your claim or bring a lawsuit. This is known as the statute of limitations. If your lawyer isn't successful in negotiating a reasonable settlement with the insurance company, you may have to file a car accident lawsuit in court. It can be time-consuming and costly, however it is usually necessary to pursue compensation.

During this process during this process, your Long Island personal injury lawyer will be involved in discovery (a formal process in which parties exchange information with the other side) and will attend hearings. Your lawyer 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. Many car accident civil disputes are resolved before trial is required.

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

Before settling an agreement, it's important to understand the severity of your injuries and completed all medical treatments. If you accept a settlement prior to your doctor determining that you have reached the maximum medical improvement (MMI) it is possible to not be eligible for additional compensation. Don't sign the release until you've met with your lawyer and had an understanding of all damages. Your lawyer will ensure that you don't miss the opportunity to receive a valuable amount of compensation. They will carefully examine your medical records and other documents to make sure that you receive the total amount of damages for which you are entitled.