The First Steps in Car Accident Litigation

If the insurance company refuses to pay you the amount of money you need for your injuries, our tenacious attorneys will prepare an official demand letter. This letter will detail all of your financial losses such as medical expenses and lost wages as well as non-economic damages like discomfort and pain.

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

1. Gathering Evidence

In a lawsuit involving an automobile madison accident law firm, proving negligence is vital in obtaining compensation for your injuries. Gathering evidence is among the first steps of the litigation process, and it involves gathering documents, photographs, witness testimony and official reports like police reports.

Your lawyer might be able to determine what happened in the accident by taking photos of the scene, which include skid marks or road debris, as well as other physical evidence. Take down the names and contact details of any witnesses who witnessed the incident. It is crucial that witnesses confirm the events occurred, as it can often happen that drivers offer contradictory statements that result in insurance companies refusing or denial of the liability.

Medical records can also be used by your lawyer to establish the extent of your injury. These documents may include bills, receipts as well as lab results, diagnosis reports, discharge instructions and other forms of documentation. You should seek these documents as soon as is possible and ensure that you provide copies to your healthcare providers.

Depositions are another form of evidence that your attorney can utilize. It's an out-of court testimony under oath, and then translated by a court reporter. Your lawyer could use this testimony to establish your injuries have an obvious, predicable connection to the accident. This will help justify seeking compensation. While most of the above-mentioned types of evidence can be collected at the scene of the laurel accident law firm or shortly thereafter, some of it might not be accessible until later in the litigation process. This is why it's crucial to consult a highly-credentialed car accident lawyer as soon as you can, so they can begin the investigation when the evidence is in its most pure form.

2. Filing a Complaint

After the dust has cleared and you've taken care of your injuries, seek legal advice from a professional. A lawyer from a car accident can give you the experience to maximize your compensation.

The first step is to file a complaint in court, which lists the specific claims that you're bringing and the amount of money you're seeking in damages. This document is typically drafted by your attorney, and then filed with the court and served on the defendant.

This also begins the discovery phase, which allows both sides to exchange information and documents related to their defenses and claims. The process can take a long time and both teams will have to look over a variety of documents including police reports and witness statements. They might also have to look at medical documents or bills, as well as other documents. Each side can request interrogatories, which are a set of questions which the other party must answer under oath within a specified time frame.

In this phase, your lawyer will also collaborate with medical professionals to obtain an accurate picture of your injuries as well as the impact that they've had on your life. Your lawyer will then estimate the total damages you have suffered including future and past medical expenses and lost earnings, as well as suffering and pain, and more.

Sometimes, your lawyer might be able to negotiate a settlement with the at-fault driver's insurance company. This will most likely be the case following the completion of discovery and before trial. If the insurance company refuses a fair settlement or if your damages are significant and not covered by insurance, you may be required to go to trial. A judge or jury will make a final decision in the case based upon all of the evidence presented.

3. Discovery

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

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

Your Long Island car accident lawyer will also be able to depose people who are witnesses to the collision and anyone who has information about your injuries or damages that could be relevant to your case. During a deposition, the lawyer representing the party at fault will ask you questions and your answers are recorded on video by an official court reporter or recorded.

The purpose of these pre-trial investigation procedures is to help your lawyer to build an effective and convincing argument against the at-fault party as well as their insurance company so that you can receive an equitable and fair settlement for your losses, injuries and expenses. While there is no assurance that all cases will settle however, the majority settles at the end of or following the discovery process, which may be completed before the case reaches trial.

4. Trial

Trials can be arranged in situations where you and the insurance company do not agree on the source of your fault or the amount you are entitled to for your injuries. A trial is a formal process in which both parties present arguments and evidence before the factfinder, who makes an announcement to settle the dispute. In personal injury cases the factfinder is typically a jury.

Your lawyer will present to the jury your version of what transpired during the trial. This will include any supporting evidence, such as photos or videos of the scene, testimony from witnesses and medical professionals, documents like police reports and bills. You can also testify regarding your memories of the incident, and how it impacted your life. Expert witnesses can also testify to support your claims. The defendant's lawyer can cross-examine witnesses and challenge to the admissibility of certain evidence.

The jury will determine at trial whether the plaintiff's harm was the result of the defendant's negligent behavior. They will examine proximate cause, a complicated legal concept that lawyers spend many hours studying in law school. Proximate causes considers the relationship 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. This is a thorny issue because it is contingent on the severity of your injuries and the severity of your losses. Your lawyer will provide evidence including expert testimony about the severity of your injuries, lost income and future earnings potential, as also your suffering and impairment.

5. Settlement

Each state sets a legal deadline, referred to as the statute of limitations, that you must meet to settle your claim or bring a lawsuit. If your lawyer is not able to negotiate an acceptable settlement with the insurance company, you might require filing a car accident lawsuit in the court. This could be a lengthy process and expensive, yet it is often necessary to pursue compensation.

During this process, your Long oak island accident lawsuit personal injury lawyer will be involved in discovery (a formal procedure 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 ask the court for certain things, such as not allowing certain types of evidence during trial. Settlement negotiations can go on throughout the process, and most civil disputes in car accidents settle before a trial needs to be held.

Insurance companies are more likely to offer fair settlement offers if they believe that your injury claim is strong and you'll be willing to take the case to trial. Settlements are faster and less risky compared to an in-court trial.

Before settling on an agreement, it's important to understand the severity of your injuries and have completed all medical treatments. If you agree to a settlement before your doctor determines that you have reached your maximum medical improvement (MMI) it is possible to not be eligible for additional compensation. It is also important not to sign a release until you have spoken to your lawyer about your damages. Your lawyer will make sure that you don't lose out on valuable compensation. They will review your medical records as well as other documents, to ensure that you receive all of the damages for which you qualify.